Dangers of the Due on Transfer Clause
           To follow up on the same topic of the past two weeks, transferring the home, recently we received a call from George regarding the transfer of his home to a trust. He received a letter from the bank holding his mortgage, stating something about the due on transfer clause.           Â
Thinking about transferring your home to your children? (Part 2)
           Last week I told you about Jamie’s mistake. Mom and Dad transferred their home to Jamie 7 years ago to protect it from Medicaid’s spend down requirements. While the transfer was outside of Medicaid’s 5 year look back, now that Mom was planning to move in with Jamie the
Thinking About Transferring Your Home to Your Children?
           Jamie called because her dad was in need of Medicaid. He was now in a nursing home and Mom was living at home. They had about $120,000 of countable assets. I asked about the home and Jamie told me her parents had transferred it to her 7 years earlier.           Â
More Than Just Power of Attorney
           More often than not, the calls we receive in our office concerning a long term care crisis are made by one or more of the adult children of the senior in failing health. We ask whether there is a power of attorney in place which will legally permit a
Second Marriage – Happily Ever After? (Part 2)
               Last week I was telling you about George and Mary. Mary has dementia and may soon need nursing home care.  George had gone to an elder law attorney who told him that once Mary spent down her assets she’d qualify for Medicaid. That advice came at a time when
Second Marriage – Happily Ever After?
               George called me because his wife, Mary wasn’t doing well. She has dementia and he is facing the prospect of needing long term care for her, possibly in a nursing home, although he would like to do everything possible to keep her at home.                As the conversation always does,
Confusing Medicaid with Other Government Programs (Part 2)
               Last week I was telling you about the call I received from Lou. His dad had been living in senior housing but now needs nursing home care. Dad has $80,000 left in assets which he plans to spend down and then apply for Medicaid.                When I asked Lou about
Confusing Medicaid with other Government Programs
               The other day, Lou called me about his dad, who had been living in senior housing for a few years.  His health has deteriorated and he now needs nursing home care. Lou’s plan is to spend down the $80,000 his dad has left, applying it towards the nursing home
A Personal Story
               About a month ago, my parents’ health took a sudden turn and it led me down the path that many of our clients and their families face, tackling long term care.  In our case, it was an accident outside their home.  My mom broke her leg. My dad suffered
VA Pension not Income for Medicaid Purposes (An Update)
               Last year I wrote about an important court ruling in a case that impacts Medicaid and VA Aid and Attendance benefits. Several elder law attorneys filed a lawsuit against the State of New Jersey which, despite being in clear violation of federal law, insisted on counting VA Aid and