U.S. House GOP members released a budget proposal in June entitled “A Brighter American Future” to slash Medicare and Medicaid spending to reduce the nation’s deficit recently increased as a result of the tax law that became effective this year. Since mid-term elections are just...
Recent studies show loneliness can reduce life expectancy by eight years – not to mention quality of life. It is estimated that Medicare spends an extra $6.7 billion annually on seniors as a result of social isolation. Recognizing this problem, a California healthcare provider, Care...
Federal laws prevent a nursing home from requiring a third party (often a child or other family member of resident) to be held personally liable as a condition for admission – but nursing homes often say they will not make changes to its admissions contract...
After almost a year since Governor Abbott signed the bill allowing vehicle owners to transfer their vehicle upon death to a beneficiary (and they can sell their car without the consent of the beneficiary), the Department of Motor Vehicles (DMV) finally created a one-page form...
It is common for parents with simple wills or trusts to have their children inherit and have outright ownership of parents’ assets after the parents’ death. However the following seven (7) reasons are advantages for the child to inherit by trust (not including, the power often...
Many financial planners use annuities in developing a plan for the financial goals of their clients. However, few realize the opportunities that exist in the area of planning for public benefits such as long-term care Medicaid (which helps pay for nursing homes, care at home,...
Many may be surprised that just because you are named as the grantee (the one generally entitled to the property at death) of a Ladybird Deed (an enhanced life estate deed), it doesn’t mean you would always be entitled to the property on the death...
Married couple has no estate planning documents (no Will, no power of attorney, etc.) and the husband has lost mental capacity (you cannot sign a Will, power of attorney, etc. if you lack sufficient mental capacity). Husband is institutionalized and it is anticipated that he...
Husband and wife created a revocable living trust many years ago and deeded their homestead into the trust (the “Trust”). Husband and wife have two children born of their marriage. The Trust required that upon the first of them to die, the separate property and...
Although there are numerous ways to protect your home from the claim of the state Medicaid agency (Health and Human Services Commission) if you receive Medicaid assistance (most typically for care at home or in a nursing home or other facility that accepts Medicaid, drug...
On June 9, 2017, Governor Abbott signed a new law to be effective as of September 1, 2017 whereby an owner of a motor vehicle can transfer his or her motor vehicle at the owner’s death outside of probate (where it transfers by Will) or...
As most know, President Trump signed the “Tax Cuts and Jobs Act” (or Reconciliation Act or 2017 Tax Act) on December 22, 2017. Most of the provisions regarding tax reform for individuals are effective for only for years 2018 to 2025 (so that it could...
Now that the new law (the Tax and Jobs Act) has been passed resulting in less tax revenue for the federal government, it is anticipated that there will be changes to Social Security, Medicare and Medicaid so that expenses will be cut. As mentioned in...
The Department of Veterans Affairs (VA) has announced its 2018 rate increases for certain wartime military veterans not dishonorably discharged or their surviving spouses to help pay for care costs ranging from being housebound to long-term care costs. However, since VA pension benefits are paid...
As of January 1, 2018, the equity limit for a homestead applicant (who is single) for the nursing home and “waiver” home care Medicaid program has increased to$572,000. Thus, if the equity limit is less than that, it is a non-countable resource in determining Medicaid...
The 2018 Protected Resource Amount (“PRA”) dollar figures were recently released which are used to determine how much can be protected when one spouse is in a nursing home and applies for Medicaid (which may pay all or a part of long-term care costs) and...
Last Monday we were requested to do a Will for an 89-year-old married woman who was just put on hospice. Due to her being on hospice, we put her as an immediate priority. Her 90-year-old husband has Alzheimer’s disease and is living in an institutional...
Under the long-term care Medicaid Rules (which helps pay for long-term care costs), there is normally a five year “look back” period whereby the state can penalize an applicant from Medicaid eligibility if there is an uncompensated transfer within five years from when one applies...
Since long-term care Medicaid (which helps pay some or all of a Medicaid applicant’s nursing home and drug costs) is “means-tested” (the government looks at the amount of assets and type of assets owned by the applicant), there are transfer penalty rules creating a certain...
Last Monday we were requested to do a Will for an 89-year-old married woman who was just put on hospice. Due to her being on hospice, we put her as an immediate priority. Her 90-year-old husband has Alzheimer’s disease and is living in an institutional...
