Medicaid Myths

There are many misconceptions about how to qualify for Medicaid to pay for care in a nursing home. We see them on the internet, read them in the news, and hear them from our clients. This month, we are starting a new feature called “Medicaid Myths” where we will clear up the confusion. This is our first installment: Medicaid Myth #1:I have to turn my home over to the nursing home (or to the state Medicaid agency) Read More

FAMILY CARE AGREEMENTS — A GOLDEN OPPORTUNITY

All too often, families put off coming to our office until their elderly loved one has already been admitted to a nursing home or is on the verge of being admitted.  So often in these cases we hear the story about how a family member has been caring for their loved one, for months or even for years, without compensation. Most often the caregiver is a daughter but everything in this article applies to other family Read More

THE NEW SECURE ACT – SEE WHAT IT MEANS FOR YOUR ESTATE PLAN

SECURE stands for “Setting Every Community Up for Retirement Enhancement” Act. Its purpose is to incentivize you to save more for retirement. It took effect on January 1, 2020.  The good news in this new law is that:   It makes it easier for employers to offer retirement plans to their employees.   It raises the age when you must start to take required minimum distributions from a retirement account from age 70.5 Read More

Wills vs. Trusts: What You Need to Know

When you start planning for your future, you know you want to have some sort of estate plan in place. You’ve probably heard of Wills and trusts, but you might not know exactly what they are. It’s important to understand what these documents are and what they do so you can choose the one that works best for you and your needs. Here’s what you need to know about Wills and trusts in order to make sure you create the Read More

Understanding the Differences Between Medicaid Crisis Planning and Long-Term Care Planning

Medicaid Crisis Planning and Long-Term Planning Care are not one and the same. Often, these two terms are used interchangeably, which can be very misleading to anyone who doesn’t understand the first thing about either term. In this blog, we will clarify the various differences between the two so that you can discern for yourself what you need for your situation. What is Medicaid? Medicaid is the joint federal and Read More

What is a Durable Power of Attorney?

An important part of estate planning is recognizing the possibility that you may become incapacitated at any moment, and to plan for substitute decision-making. For most people, the durable power of attorney is the most important estate planning instrument available—even more useful than a Will. A power of attorney allows you to appoint your "agent" to act in your place if/when you ever become incapacitated. In Read More

Uses of Trusts

There are various reasons for setting up a trust. Some of these reasons are: To avoid probate. To avoid death taxes. To protect property from creditors. To protect property from Medicaid. To specify when and under what conditions a beneficiary gets to use the trust property. Types of Trusts Trusts fall into two basic categories: testamentary and inter vivos. A testamentary trust is created Read More

What is a Will?

What is a Will? A Will is a legal document that helps your executor to put your affairs in order at the time of your death. It allows you to express your intentions regarding your estate (your home, money, and other assets). Your Will identifies who will handle your estate (your “executor”), to whom your assets will be distributed (your “beneficiaries”), and who will serve as guardian of your minor children. If Read More

Medicaid Protections For The Healthy Spouse

Medicaid laws provide special protections for the spouse of a nursing home resident to make sure he or she has the minimum support needed to continue to live in the community. In Medicaid jargon, the healthy spouse is known as the “community spouse.” The so-called “spousal protections” work this way: if the Medicaid applicant is married, the countable assets of both the community spouse and the nursing home spouse Read More

Medicaid and Transfer of Assets

Medicaid and Transfer of Assets Congress has established a period of ineligibility for Medicaid for those individuals who transfer assets during the five year “look back” period. While the look back period determines what transfers will be penalized, the length of the penalty depends on the amount transferred. The penalty period is determined by dividing the amount transferred by the average monthly cost of Read More