Minnesota High Court: Non-Homestead Life Estates Count Toward Spouse Allowance

(June 25, 2020, 1:47 PM EDT) -- ST. PAUL, Minn. — The term “individual” in a Minnesota statute outlining the qualifications for receiving medical assistance to cover long-term care under the state’s Medicaid program refers only to the medical assistance applicant and not to the community spouse, the state Supreme Court ruled June 24, reversing a ruling that the value of non-homestead life estates should not be included when calculating assets to determine the community spouse’s allowance (In re Esther Schmalz, No. A18-2156, Minn. Sup., 2020 Minn. LEXIS 332)....

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