Estate-planning-assets-for-children

Co-Authored by Joanna C. Feldman, Esq. The short answer is no, but let’s go further. Medicaid applications to cover expenses in a nursing home are subject to the five-year look back period.  This means that any gifts, uncompensated transfers, or transfers for less than fair market value made by the applicant within the five years…

While you generally do not have to sell your home in order to qualify for Medicaid coverage of nursing home care, it is possible the state can file a claim against your house after you die, so you may want to take steps to protect your house. 

Powerless Power of Attorney

The Power of Attorney (“POA”) and Statutory Gifts Rider (“SGR”) are two of the most important documents drafted by an elder law attorney.  The absence of or deficiencies in these documents increases the likelihood of the need to commence a costly guardianship proceeding to be able to implement many common elder law planning techniques necessary…

One of the most unfortunate situations in my practice is when I hear that someone spent most, if not all, of their assets on the cost of a nursing home or home care aides because they believed they were ineligible for Medicaid as a result of having income and assets.  Most often it is due…

Second to the house, an individual retirement account (“IRA”) is usually the largest asset when looking into someone’s financial portfolio.  The tax and Medicaid rules dealing with IRAs are very different yet related, quite complex and often misinterpreted or misapplied.   It is important to have a general understanding of these rules in order to avoid…

Co-authored by Joanna C. Feldman To be eligible for Medicaid benefits in a nursing home in 2018, one may have no more than $15,150.00 in available assets. A life insurance policy with no cash value is not considered an available asset. If a life insurance policy has cash value, however, the cash value of the…

Co-authored by Joanna C. Feldman Generally speaking, Medicaid rules require most of one’s monthly income be contributed toward the cost of one’s care in a nursing home. When the spouse of the Medicaid recipient remains at home, however, the impact of losing the other spouse’s additional income can be detrimental. The spouse at home (known…

Co-authored by Joanna C. Feldman This is a question we’re continually asked, so we’re glad we have another opportunity to clear things up. The main thing to remember is this: IRS rules are different from Medicaid rules. Under current IRS rules, you may gift up to $15,000.00 to as many people as you’d like in…

For many families, a good portion of their wealth exists through the equity in their home.  The home may also be the most sentimental asset as it carries many memories and emotional ties.  We often counsel clients on different planning techniques to protect the home where Medicaid is contemplated to pay for nursing home or…

The legal wing of the AARP is suing a California nursing home that refused to readmit a resident whom the nursing home had sent to the hospital. The nursing home's actions are part of growing trend of resident dumping, according to the AARP.

Contrary to popular belief, it is never too late.  An elder law attorney can work to implement many different techniques even at the 11th hour to preserve assets.  What is important is that you have a relationship with an elder law attorney.  An elder law attorney can relieve some of the anxiety natural to this time…

  In a perfect world, everyone would craft an estate and elder care plan well in advance of having to implement it˗ but the world isn’t perfect!   I have had the opportunity to work on a fair amount of cases where clients, who had no estate or elder can plan, fell ill or became…

The tax plan put forward by the Republican-led House of Representatives would eliminate many current deductions, and getting rid of one of them in particular could deal a serious financial blow to seniors and individuals with disabilities.

The median cost of a private nursing home room in the United States has increased to $97,455 a year, up 5.5 percent from 2016, according to Genworth's 2017 Cost of Care survey.

The recent tragedy in which 12 Florida nursing home residents died when the facility lost power during Hurricane Irma is causing government officials to rethink disaster planning.

An attorney can help you save money in the long run as well as make sure you are getting the best care for your loved one.

Often confused, the look-back period and the penalty period are two distinct concepts in Medicaid planning.  It is important to understand the applicability of each. The look-back period is the five-year retroactive period beginning on the date you enter a nursing facility.  Thus, if you enter a nursing home on November 1, 2017, the look-back…

Unfortunately, we cannot control if and when we may fall ill but we can be proactive to protect our financial assets by planning early.  The risk of requiring a nursing home within five years of creating a Medicaid Trust is generally a risk associated with waiting too long to meet with and elder law attorney….

  For 2017, the federal lifetime estate and gift tax exemption have increased to $5,490,000.  This means that you can gift this amount over your lifetime without incurring a federal gift tax and to the extent you haven’t done so, any exemption remaining at death can be applied against the value of your estate for…

Medicaid Planning in Advance of Changes to the Healthcare System By: Salvatore M. Di Costanzo, Esq.   With Congress about to break for a two week Spring recess, the repeal of Obamacare appears to have stalled and remains uncertain.  Notwithstanding, we must pay attention to the various proposals that have been put forth by the…

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