Wisconsin’s New Budget Includes Serious Changes

The new Wisconsin budget has broadened thestate’s ability to claim dead couples’ joint property even if the assets areheld in a trust. The language in the budget was drafted to help the staterecover Medicaid funds spent on several long-term health careprograms. The changes are expected to take effect in a few months. 

Medicaid is a partnership between the fed’s andthe state. Federal law allows states to take Medicaid payouts for long-termcare from a deceased recipient’s estate. The new language indicates that there is apresumption that marital property owned within the five years before theapplication for Medicaid is up for grabs after the surviving spouse dies. As a resultof the changes, the Wisconsin administration projects that an additional $10.5 millionwill be collected over the next two years. 

See Provisions Allow Wisconsin To Claim Dead Couples’ Property, Beloit Daily News,  Aug. 19, 2013.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.