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What Assets Can My Spouse Keep?

I am elder care attorney Jimmy Miller and I am often asked about Medicaid and the question, “What assets can my spouse keep?” Generally, the individual moving into a senior care facility is called the “institutional spouse.”  The individual staying in the home is called the “community spouse.”  So the question refers to what assets the community spouse may keep.

Although the rule varies from state to state, in Florida, the community spouse can retain ownership of a single home (which must be the primary residence) and a single vehicle. He or she can also retain total assets in the amount of $115,920, an amount known as the “community spouse resource allowance.”  As an elder care attorney and expert in Medicaid issues, I assist individuals in navigating these Medicaid-related issues.

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