Irrevocable vs. Revocable Trusts – Is One Better than the Other? (Part 2)
Last week I explained that the initial reaction to irrevocable trusts vs. revocable ones is generally negative. People perceive there to be a loss of control or really a loss of the use of the funds transferred to irrevocable trusts. But, is that really true? No, it isn’t because
Assisted Living Medicaid Isn’t Necessarily Forever – Part 1
Dad is in an assisted living facility (ALF) and is close to running out of money. I would like him to stay in that facility rather than moving him to a nursing home. In the past I have discussed the hurdles of getting assisted living Medicaid, which is different
Getting a Money Settlement While on Government Benefits (Part 3)
The past 2 weeks I outlined for you the problem of what to do with a money settlement that is received by someone currently on Medicaid. A special needs trust is the solution most often recited. But what choices does Joe have? He is the 70 years old client
Getting a Money Settlement While on Government Benefits (Part 2)
Last week I outlined for you a common call I receive from attorneys who have successfully obtained money recoveries for clients who are currently receiving or may in the future need government benefits. Special needs trusts have become more widely known in recent years and recognized as “the solution”.
Getting a Money Settlement While on Government Benefits – Part 1
We get quite a few calls from attorneys who have settled cases or obtained judgments in favor of their clients to compensate them for pain and suffering resulting from slip and falls, car accidents, medical malpractice etc. The amount recovered might be small – say $10,000. In other cases
Solving Only One-Half of the Problem (Part 2)
Last week I was telling you about a very typical call in our office. Joe and Mary went to see an attorney to get their affairs in order when they learned that Mary had dementia. It was a little more than 3 years later - when he could no
New Jersey Courts Decide Case Involving Estate Recovery and Elective Share (Part 2)
Last week I told you about a case that was just decided by a New Jersey court in which a family tried to avoid the impact of New Jersey’s elective share as it relates to Medicaid. (See 1/30/17 post for an explanation of the elective share and Medicaid estate
New Jersey Courts Decide Case Involving Estate Recovery and Elective Share #EstateRecovery
Estate recovery is something I am asked about frequently when it comes to Medicaid, although families rarely pose it in those terms. The question, or some variation of it, goes as follows: “Will Medicaid put a lien on my home?” What we are talking about is the State of
How Medicaid Treats Life Insurance (Part 2)
Last week I was talking about life insurance as it affects eligibility for Medicaid. While term insurance has no value while the insured is alive and only provides a payment at the death of the insured, other types of life insurance – namely whole life and universal life –
How Medicaid Treats Life Insurance (Part 1)
Medicaid requires the applicant to spend down all assets to under $2000 before approving an application for benefits. The question comes up frequently about life insurance. Is it an asset and if so, what is the value? In order to answer that question, we must examine what kind of