Blog Archives

A Family Theft – Part 4

In this week’s post I give you the conclusion to Joe’s saga involving his sister Sophie’s Medicaid application.  As I explained in last week’s post, things didn’t go according to our expectation.  When we filed a civil lawsuit seeking to collect the amounts Mary took from Sophie I expected that she would ignore the lawsuit […]

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The Right Way and the Wrong Way to Help Out Parents

       Families look after each other. They pitch in when a member needs help. As an elder law attorney, I see this quite often. It can be an aging parent helping out an adult child in need due to financial difficulties caused by illness, job loss or divorce. It can also be an […]

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Getting and Then Keeping Medicaid- Part 3

       This week’s post is the last of 3 on the danger of losing Medicaid after having been approved. In both of our cases the Qualified Income Trust was the cause and each time it happened during the annual redetermination process.        As I explained last week the QIT rules are […]

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Getting Medicaid and then Keeping it (Part 2)

            In my post last week, I started to tell you about the dangers of losing Medicaid benefits after qualifying for them.  That’s because you cannot put things on “autopilot”.  One reason is that getting a Medicaid approval only lasts for one year.  The State requires recipients to go through an annual redetermination process.             […]

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Gift or Theft? – Part 3

       In this week’s post I give you the conclusion to John’s saga with Medicaid. As you will recall, we have applied for Medicaid for John’s sister, Mary. In reviewing the 5 years of records which we must submit to the State, we found that John’s brother, Jerry took $200,000 of Mary’s money […]

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Gift or Theft ? (Part 2)

       In last week’s post I told you about John’s call about Medicaid for his sister, Mary. During our review of her 5 years of financial records we discovered transfers of funds while their brother, Jerry was handling her finances. Jerry admitted that he took the money without Mary’s knowledge so we have […]

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Gift or Theft (Part 1)

                The call from John involved another crisis planning case.  His sister, Mary was already in a nursing home and had a minimal amount of assets remaining to be spent down.  Before entering the facility she had lived for many years with her other brother, Jerry. Although she was able to attend to her activities […]

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Raising a Grandchild (Part 2)

       In last week’s post I focused on an increasingly common family arrangement in which -for several different reasons – grandparents who expected to retire and live a more leisurely lifestyle instead find themselves caring for their grandchildren.        This often starts as a temporary solution but over time becomes a […]

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The Hidden Costs of Transferring Your Home (Part 2)

                In my post last week I told you about Joe’s call concerning the sale of his mother’s home.  A few years ago she went to an attorney to prepare a deed transferring the home to Joe and his sister, but keeping a life estate for herself.  A life estate is a legal right to […]

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New VA Rules Effective 10/18/18 (Part 3)

                This week’s post is my third in a three part series regarding the new changes to the VA Aid and Attendance program.  As I stated last week, the biggest focus will be on a new 3 year look back and penalty for transfer of assets.  That does in many cases take away the ability […]

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