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If my father has a 401k, can the hospital take that money if he doesn't have insurance?

My father doesn't have any health insurance and is in the hospial in critial care we are applying for medicaid on his behalf and is a Vet, he has about $60k in a 401k but wanted to have it split between the grandkids when he dies. He doesn't have a Will or POA. Could the hospital come after him for the money in his retirement fund to pay that bill?

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Attorney answers (1)

Reputation Level 15
As a general rule, 401(k)s, are exempt from civil judgments.

Your father should contact an estate attorney about the estate plan because he must be careful regarding making gifts that may affect his rights to benefits. Good luck.
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