Elder Law Answers
Can Social Security Benefits Be Garnished to Pay Debts?
If you don't pay your debts, creditors can get a court order to garnish your wages, but what if your income comes fr...
Read moreMust an IRA Inherited from Father Be Used to Pay Mother's Medicaid Bill?
- January 11th, 2017
Q
I have a client whose father was a resident of Arkansas and passed away recently. The son is the beneficiary of his father's individual retirement account (IRA). His mother is in a nursing home on Medicaid, also in Arkansas. Will Medicaid come after the son for the inherited IRA assets and force the son to give up those assets to pay for the mother's care?
A
No, based on what you report, Arkansas should not be able to seek access to the IRA. Since the Medicaid recipient was not a beneficiary of the IRA, the recipient has no claim on the funds and neither does the Arkansas Medicaid agency. For information on Medicaid estate recovery, click here.