Can a husband collect an IRA from his deceased wife if she was under state medical assistance without the state taking it?
1 attorney answer
There are many specific facts and dates that must be discovered and considered to answer this question accurately and it is beyond the scope of the specifics listed in this question. I recommend that the husband consult with a qualified local elder law attorney who is familiar with Medicaid rules and the Estate Recovery procedures of the WI Dept. of Health Services, including the changes implemented in the summer of 2014. Husband should consider whether he has ever received a notice from the Dept. of Health Services stating a claim for repayment of medical assistance. He should also evaluate, with the assistance of an attorney, whether that claim applies to a IRA that was not yet paid to his deceased wife before her death. The answer to this question may depend on how much time passed between the date of the wife's death, and the date of the discovery of the IRA etc. Whether or not a probate estate was every opened may also factor in to this discussion. I am changing this topic to "Medicaid" to also more accurately represent the subject matter of this question.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. You should seek a consultation with a licensed attorney in your area if you seek a complete review and discussion of your situation.