It depends. In Medicaid, the general rule is that spouses can transfer assets to each other and it not be considered an improper transfer. However, Medicaid also has assets limits. So the person applying for Medicaid usually can only have $2,000 in countable assets. The community spouse is also entitled to have a certain amount of assets. So when clients come to me and talk about, well can’t I just give it all to my spouse? The questions we have to ask are, well what assets do you have? Because are they countable or not? And how much do you have? Because even after all is said and done, if both you or your spouse, the community spouse are still over the asset limit. We’re going to have to do planing to get you qualified for Medicaid.
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