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Can Medicaid Come After the Condo My Mother-in-Law Transferred to My Wife?

Posted by Laura E. Stubberud | Sep 17, 2022 | 0 Comments

Potentially. Medicaid doesn't exactly “come after” the condo. Instead, it could impose a period of ineligibility for benefits based on an uncompensated transfer of assets.

You might argue that the transfer is compensated since your wife lent the money to her mother. The question is whether you can prove that the spending was a loan. To the extent that there's evidence that your mother-in-law was obliged to repay your wife, it won't be treated as uncompensated.

A local elder law attorney should be able to advise you as to how this type of situation is viewed by your Medicaid agency.

About the Author

Laura E. Stubberud

Laura Stubberud has over two decades of experience in the practice of estate and family law in Nevada. After graduation from UCLA, she studied law at Southwestern University School of Law , graduating in 1992. With over 30 years of practice in Clark County, Nevada, Ms. Stubberud has substantial e...

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