Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, April 26, 2016

New Case Concerning Inclusion of Estranged Spouse's Assets

GavelWhen Howard Johnson entered a nursing a home, he applied for Medicaid in order to help pay for the cost of his stay. However, his application was rejected due to be financially above his state's $2000 asset limit. He challenged the rejection administratively and in the courts arguing that it was the assets of his long estranged wife being included with his own that pushed him over the threshold of ineligibility. The administrative judge ruled that it was proper to include the wife's assets which prompted a suit in federal court. In Evangelical Good Samaritan Society v. Valenti, the district court punted on the issue concerning the inclusion of the assets of the estranged wife with Johnson's when determining his Medicaid eligibility. Instead, the court said the the issue was moot since his assets, even when considered alone, would make him unable to receive assistance from the program.

See, Medicaid Applicant Can't Protest Treatment of Separated Spouse's Assets When He Is Individually Over the Asset Limit, Elder Law Answers. April 24, 2016.

http://lawprofessors.typepad.com/trusts_estates_prof/2016/04/new-case-concerning-inclusion-of-estranged-spouses-assets.html

Disability Planning - Health Care, Elder Law, New Cases | Permalink

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