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Relief for Life Estates – for now

Effective December 6, 2011, the regulations that implemented the expanded definition of an estate for Medicaid estate recovery purposes expired. Medicaid cannot recover costs paid on behalf of the Medicaid recipient from assets that pass outside of the Medicaid recipient’s probate estate.

Assets that are, as of now, free from Medicaid claims include:

  • Interests in Life Estates,
  • Jointly owned bank accounts,
  • Jointly held real property,
  • Interest in trusts,
  • Annuities, and
  • Life insurance

In all likelihood this “relief” is TEMPORARY, as the promulgation of revised regulations is expected

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