Page 85 - Senior Link Magazine Fall 2022 - Online Magazine
P. 85

SENIOR RESOURCES






              cash values; the cash value counts   in the decedent’s probate estate.   assistance; it is determined by
              against the $2,000 limit!         Sometimes, if a person was on     Medicaid alone and requires a
                                                Medicaid, the only thing of value   medical need, not a physical need
              Finally, Medicaid attempts to     in his or her probate estate is a   even if the applicant’s physical
              recover the money it spent on a   residence.  So, to preserve the   needs are serious. Second,
              person from that person’s probate   residence, the best plan is to make   traditional IRAs are exempt from
              estate when the person dies.      sure that the residence never goes   Medicaid’s countable resource
              That is Medicaid Estate Recovery   into the probate estate. In Texas,   limits, not Roth IRAs. Finally,
              Program or MERP. There are        the most effective means of doing   the Medicaid Estate Recovery
              several complete exemptions       this is to execute an enhanced    Program only attempts to recover
              to this recovery including a      life estate deed (also known as a   expenses from the Medicaid
              surviving spouse or disabled      Ladybird deed) which conveys      recipient’s probate estate, so try
              child. A person’s probate estate   the residence to the named       to make sure that everything
              is what he or she still owns after   beneficiary or beneficiaries upon   the person owns, especially the
              death; assets that pass to someone   death in a manner that does not   residence if there is one, passes
              else automatically upon death,    implicate other Medicaid rules.   automatically to the decedent’s
              accounts with survivorship                                          beneficiary or beneficiaries
              rights; financial assets with pay   To conclude, first remember that   automatically upon death.
              on death or transfer on death     Medical Necessity is an absolute
              designations, for instance, are not   requirement for nursing home








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