Germantown, OH asked in Social Security and Elder Law for Ohio

Q: My husband has a large pension/401k retirement fund as well as Social Security(SS). I am the sole beneficiary.

I only have Social Security. We are both 68 and retired. If he goes to a nursing home in the future, does all of his SS as well as pension/401k go to his nursing home bill, while I am left to struggle to make ends meet on just my SS?

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1 Lawyer Answer
Moshe Toron Esq
Moshe Toron Esq
  • Elder Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: In Ohio, there are Medicaid rules in place to protect the community spouse. This includes rules regarding a fair split of all the income, as well as special rules regarding protecting a 401k.

However, there is a lot of confusion out there regarding the rules.

It is imperative that you meet with an elder law attorney who is an expert in Medicaid rules for nursing homes.

Many elder law attorneys will offer to meet with you for an hour for no cost, to help you understand the rules.

Mary Ellen Leslie Esq. agrees with this answer

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