Are assets from a prior marriage exempt for eligibility purposes? What about estate recovery?

Saturday, Jan. 9th 2021 5:20 AM

The term “exempt” applies to a “type” or “classification” of property given exempt status by statute or regulation. Assets from a prior marriage are not a type of property that is exempt. Property from a prior marriage may be considered separate property if it has not been combined with the property of the current spouse. If the property is separate property, it may or may not be counted, as in the living situations described above. Estate recovery can file a claim against any asset (e.g., the community property interest) that passes from the deceased person to the surviving spouse upon his or her death. Estate recovery only takes place, however, when the surviving spouse dies.

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Posted on Saturday, Jan. 9th 2021 5:20 AM | by Share of Cost | in Medi-Cal, Share of Cost | No Comments »

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