Discussion:Medicaid coverage and filing status

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Discussion Forum Index --> Basic Tax Questions --> Medicaid coverage and filing status
Discussion Forum Index --> Tax Questions --> Medicaid coverage and filing status

Chris2lane (talk|edits) said:

March 29, 2009
Wife took ill in 2008 and husband, on the advice of a Medicaid counselor, had her transfer out of all joint holdings and into his name alone. She currently has nothing to her name. Husband sends tax info to me and says that they must file MFS. I'm not familiar with Medicaid rules and I searched online for some assistance. My question is, do they indeed have to file MFS for her to retain Medicaid to pay her medical bills? I'm aware of the 60 month lookback. I'm just concerned about filing their 2008 taxes. BTW, I do not think the Medicaid counselor was an attorney.

Kevinh5 (talk|edits) said:

29 March 2009
well, your client has NOT elected to file MFJ, so the default is, indeed, MFS.


I once had a client whose attorney had him divorce his wife so that she could qualify as a 'ward of the state' to get medicaid.

Kevinh5 (talk|edits) said:

29 March 2009
the best advice for him, after you file the MFS return that he has asked for, is to refer him to an elder law or Medicaid planning attorney.

Taxea (talk|edits) said:

30 March 2009
Doesn't the lookback requirement negate the Medicaid qualification for that period of time? I don't understand the need for a MFS. Is this a community property state? taxea

Chris2lane (talk|edits) said:

March 30, 2009
Taxea, I too do not understand my client's insistence on MFS. When I talk to him later, I'm going to find out where he's been getting his info. I was hoping an attorney who specializes in elder law would be on TA and offer some advice.

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