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Can Medicaid Recover Benefits from an IRA After the Recipient Dies?

Posted by Laura E. Stubberud | Apr 14, 2022 | 0 Comments

It depends on the state. Some states don't exempt IRAs even when they are in payout status, so the IRA will have to be spent down before qualifying for Medicaid benefits. But for those states that exempt IRAs, the question is whether the state's estate recovery rules permit it to go after non-probate property. IRAs usually have named beneficiaries and, as a result, don't go through probate, so they would only be subject to estate recovery claim if your state has expanded Medicaid estate recovery. A local elder law attorney can provide the specific answer for your state. To find an attorney near you, click here.

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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