[WSBAPT] Medicaid Recapture of Separate Property

[Jane Bitz]

Tom:
I often do separate property agreements (Assignment of all Community Property) to the "well spouse" when one person in the couple needs Medicaid and follow up by transferring ownership of all assets to the "well spouse". There is never an estate recovery against assets that are titled solely in the "well spouse's" name. Your issue is going to be qualifying the ill spouse because the application for benefits will require disclosure of all the assets (his and hers). There is a limit on the assets that the well spouse can have and still qualify the ill spouse for benefits.

Jane.

Jane G Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E Mission, Suite 5
Spokane Valley WA 99206-4824
(509) 927-9700; FAX (509) 777-1800
jbitz at whc-attorneys.com<mailto:jane at jbitzlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Tom Stuen
Sent: Saturday, January 9, 2016 5:47 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Medicaid Recapture of Separate Property

Client entered a property settlement agreement 15 years ago in lieu of a divorce in order to preserve the spousal benefit under Washington's firefighter disability plan.  The parties have lived separate and apart the entire time. Now it appears that the firefighter will need nursing home care and qualifies for Medicaid.
                Will Medicaid seek reimbursement from the separated but not divorced spouse?


Tom Stuen
360-647-0234
tomstuen at comcast.net<mailto:tomstuen at comcast.net>





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