Medicaid Planning

29 Oct 2027 MAXIMUM RESOURCE LIMITS FOR SPOUSAL MEDICAID (HOW TO KEEP MORE FOR THE WELL SPOUSE IF ILL SPOUSE NEEDS TO GO INTO NURSING HOME)

Posted at 09:00h in Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Public Benefits Protection

As we live longer, there is a greater likelihood of disability and the need for long-term care. However, most Americans have inadequate resources or income for such care and also lack long-term care insurance or similar insurance products. As a result, some elderly and disabled...

27 Oct 2027 LONG TERM CARE MEDICAID INCOME CAP INCREASE – WHEN AND HOW TO USE A QUALIFIED INCOME TRUST (FORMERLY KNOWN AS A MILLER TRUST)

Posted at 09:00h in Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Miller Trust, Nursing Home, Public Benefits Protection

Applicants for long-term care and Star+ Medicaid must be below an income cap as one of the requirements for Medicaid eligibility. If the applicant’s income exceeds the income limit of $3087 (as of January 1, 2027 projected by the recent CPI increase), the eligibility solution...

07 Sep Success Story of the Month – The Wait and See Approach

Posted at 09:00h in Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Miller Trust, Nursing Home, Power of Attorney, Retirement, Success Story of the Month, Transfer of Death

Sometimes the best plan is to play a waiting game. The facts: CASE FACTS: Parent, a 71 year old widow, is in a skilled nursing facility and would save approximately $2000 per month (the difference between the cost of care and parent’s income including monthly long-term care...

31 Aug MEDICAID ESTATE RECOVERY RULES

Posted at 09:00h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

As of August 27, 2026, the rules on the Texas Medicaid Estate Recovery Program (MERP) have changed. MERP is the program where the government seeks reimbursement for benefits advanced such as long-term care (i.e., nursing home and drugs) after the death of the Medicaid recipient. ...

29 Jun 30 Common Mistakes When Completing A Nursing Home Medicaid Application Or Planning For Eligibility

Posted at 09:00h in Disability Benefits, Elder Justice, End of Life Care Planning, Estate Planning, Home Equity, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Miller Trust, Mortgage, Nursing Home, Probate Administration, Social Security, Special Needs, Special Needs Trust, Taxes, Trusts

The cost of long-term care is great (average is around $7,900/month in Texas). As a result, many apply for long-term care Medicaid for governmental assistance to help pay the facility and drugs. It is not unusual for us to receive calls after either a facility...

27 Apr WHEN TO “LOOK A GIFT HORSE IN THE MOUTH” – DISCLAIMING A LADYBIRD DEED

Posted at 17:32h in Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Transfer of Death, Wills

A Ladybird deed is an enhanced life estate deed used to avoid probate after the death of the grantor (the one who signs the deed). As an example, if you own a home and you sign a Ladybird deed, you retain all the benefits of...

22 Jan WHAT RISK DOES A SON HAVE FOR ABUSING MOM’S POWER OF ATTORNEY? Never take advantage of person who does the most for you!

Posted at 16:25h in Elder Justice, Estate Planning, Financial Powers of Attorney, Medicaid Planning, Michael Cohen Dallas Elder Lawyer

A financial durable power of attorney gives an agent authority to make financial decisions on behalf of the principal (the one giving the authority). However, sometimes the agent exceeds the authority granted by the principal. The repercussion may be greater than the agent may realize. Facts: Son,...

15 Dec HOME SWEET HOME – EQUITY LIMIT INCREASED FOR 2026

Posted at 14:58h in Home Equity, Lady Bird Deed, Medicaid Application, Medicaid Planning, Transfer of Death

As of January 1, 2026, the homestead equity limit for a Medicaid applicant who is not married and who either applies for the nursing home Medicaid program or “waiver” home care Medicaid program will increase to $752,000 ($730,000 in year 2025). Thus, if the home...

10 Nov 2026 MAXIMUM RESOURCE LIMITS FOR SPOUSAL MEDICAID (HOW TO KEEP MORE FOR THE WELL SPOUSE IF ILL SPOUSE NEEDS TO GO INTO NURSING HOME)

Posted at 14:43h in Long Term Care, Medicaid Application, Medicaid Planning, Public Benefits Protection

03 Nov 2026 LONG TERM CARE MEDICAID INCOME CAP INCREASE – WHEN AND HOW TO USE A MILLER TRUST

Posted at 14:34h in Long Term Care, Medicaid Planning, Nursing Home, Public Benefits Protection

Applicants for long-term care and Star+ Medicaid must be below an income cap as one of the requirements for Medicaid eligibility. If the applicant’s income exceeds the income limit of $2,982 (as of January 1, 2026), the eligibility solution for this particular requirement is the...

21 Aug NEW MEDICAID TRANSFER PENALTY DIVISOR ANNOUNCED

Posted at 09:17h in Long Term Care, Medicaid, Medicaid Application, Medicaid Planning, Nursing Home

Effective September 1, 2025, the “transfer of assets divisor” in Texas for long-term care Medicaid has increased from $242.13 to $262.37 (which represents the average daily cost of long-term care in Texas). The increased figure applies to Medicaid applications in Texas submitted on or after...

21 Jul ONE BIG BEAUTIFUL BILL IMPACT ON NURSING HOMES

Posted at 13:23h in Elder Justice, Elder Law, Estate Planning, Medicaid, Medicaid Planning, Nursing Home

Although the One Big Beautiful Bill signed by President Trump on July 4, 2025, may not directly impact nursing homes, such skilled nursing facilities are likely to feel the pinch. Medicaid is a joint program between the federal and state governments. Most nursing homes in...

23 Jun OPTIONS IN HANDLING A DECEASED FAMILY MEMBER’S FACEBOOK ACCOUNT

Posted at 14:53h in Deceased Privacy Protection, Estate Planning, Medicaid Planning, Power of Attorney, Wills

Have you ever been notified of a friend’s birthday even after their death? Sometimes family members (parent, sibling, child, spouse) or executors fail to notify Facebook of the account holder’s death. Instead of doing nothing, there are 2 options: (1) deletion of the account or...

02 Jun 6 WAYS TO PROTECT THE EQUITY VALUE OF A HOMESTEAD FOR LONG-TERM CARE MEDICAID ELIGIBILITY AND MEDICAID ESTATE RECOVERY

Posted at 13:58h in Assisted Living, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer

Although there is unlimited equity limit of a homestead to be excluded as a countable resource if the applicant for long term-care Medicaid is married and the non-applicant spouse lives in the community (the community spouse), there is a $730,000 equity limit in 2025 if...

05 May 5 REQUIRED GOVERNMENT REIMBURSEMENT PROVISIONS IN ADDITION TO PROBATE

Posted at 14:52h in Estate Planning, Medicaid Planning, Miller Trust, Public Benefits Protection

There are numerous Medicaid programs that require a pay-back of governmental benefits advanced after the death of the Medicaid recipient. This is most common is if the will of the deceased is probated or under the laws of intestacy (when the Medicaid recipient doesn’t have...

28 Apr IS A HOUSEBOAT A HOME? lAWS ADRIFT – WILL PROTECTION SINK?

Posted at 18:22h in Asset Protection, Bankruptcy, Medicaid Planning, Property Taxes, Taxes, Wills

Laws vary on whether a houseboat is a home, if it is protected from creditors or if there can even be any tax benefits. Medicaid, bankruptcy and the Internal Revenue Code all address treatment of houseboats. MEDICAID TREATMENT OF HOUSEBOATS AS HOME: Under long-term care Medicaid...

21 Mar Government Assistance for Care Could Depend on Homestead Definition- Homestead Resource Exclusion Differences Between Medicaid and Veteran’s Benefits

Posted at 12:03h in Medicaid Planning, Veterans

Public benefits (such as long-term care Medicaid and non-service-connected disability benefits for wartime veterans or his or her surviving spouse) are “means-tested”. In other words, the government looks at your resources when you apply to determine if you are eligible for the government to help...

04 Mar Tony Bennett’s Daughters Sue Their Brother Over Trust Mismanagement

Posted at 11:03h in Business, Dementia, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Trusts

Antonia and Johanna Bennett have sued their brother, Danny, who has served as trustee of the Tony Bennett Family Trust, for mismanagement. Tony’s daughters claim Danny made “multiple gifts to himself totaling over $200,000 from the trust, $2.6 million in commissions for acting as Tony’s...

01 Mar Little Richard’s Brother Says “Good Golly, Miss Molly”

Posted at 10:55h in Beneficiary, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Wills

Little Richard’s Brother Says “Good Golly, Miss Molly” After Being Removed as Co-executor and Losing Share of Estate The Tennessee Court of Appeals has ruled that Little Richard’s brother lose a share of the publicity rights to Little Richard’s estate after thwarting a proposed sale of...

25 Feb Court Rules That Estranged, Specifically Disinherited, Daughter Could Be Sole Beneficiary of Mother’s Estate

Posted at 10:23h in Beneficiary, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Wills

The Maine Supreme Judicial Court has ruled that, notwithstanding a provision in the decedent’s Will that her daughter was intentionally omitted and disinherited, the daughter could inherit the entirety of her mother’s estate. Linda Giguere prepared a Will in 2012 that if her husband, William, predeceased...

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