Blog Archives

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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Getting and Keeping Medicaid – Part 1

                In this week’s post I focus back on Medicaid.  As I often tell people, every year it seems that securing Medicaid approvalsis increasingly difficult.  There are more ways to be tripped up by the complex and often confusing rules and regulations.  Many of the problems stem from keeping Medicaid eligibility after it has been […]

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Why You Want to Avoid Intestacy Laws – Part 2

                In last week’s post I started talking about intestacy laws which direct how assets pass when a person dies without a will.  This week I will discuss a couple of instances where failing to prepare a will proved harmful.                 In the first case, Joe was married but he had no descendants.  His mother […]

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Why You Want to Avoid Intestacy Laws – Part 1

                In the past few months we have had calls regarding how to distribute assets of a person who dies without a will.  This is what is known as dying “intestate”, without leaving a will or set of instructions as to how you want your assets distributed.   Keep in mind that some assets may have […]

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What Exactly am I Authorized to Do with a POA? Part 2

       In last week’s blog post I started talking about the different types of powers of attorney. While it is important to have a power of attorney in place it is equally important to understand what it covers – what powers it confers upon the agent.        We had two calls […]

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What If I Can’t Find the Original Will? Part 2

                In my blog last week I discussed a question I have heard often enough in my practice.  “What if I can’t find the original will”, meaning “can we probate a copy”?   I explained last week that in the normal case in New Jersey there is no need for a judge to be involved unless […]

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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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