Some families make large gifts to family members — to enable a child to purchase a house, for example, or to assist a grandchild by paying college expenses. Others make the conscious choice to make a large gift of assets to their children to ensure that those funds will stand in the place of […]
Jan
15
Is it a problem to apply too early for Medicaid?
Category: Consumer Articles, Medicaid | Leave a Comment
Jan
7
Forms for our clients
Category: Consumer Articles, Medicaid | Leave a Comment
We have added a page to our website to provide our clients with forms they may need to facilitate our representation. You may access that page by clicking on the word “Forms” in the menu at the top of this page.
One of the documents in the Forms directory is a Memorandum listing the items […]
Dec
22
Appeals Court Imposes Augmented Estate Rules
Category: Estate Planning, Medicaid, Technical Articles | Leave a Comment
Schoukroun v. Karsenty (Md. App. December 11, 2007). A Technical Article for Maryland Elder Law and Estate Planning Attorneys
The Maryland Court of Special Appeals, in a seismic shift to the estates and trusts law of Maryland, issued an opinion on December 11, 2007, imposing augmented estate rules on the State of Maryland. This decision […]
Nov
30
Can I give assets to my children and still get Medicaid to pay for nursing home care?
Category: Consumer Articles, Medicaid | Leave a Comment
Many seniors have heard that giving assets to one’s children is a way to safeguard those assets so that they will pass on to the younger generation upon the senior’s death even if nursing home care is required. However, the law governing Medicaid has changed and it now appears that Medicaid will not be […]
Nov
15
A technical notice for Maryland elder law professionals.
When a homeowner executes a deed retaining for himself a life estate, such action will be considered a transfer of resources for Medicaid eligibility purposes. However, the homeowner has not given away the entire property. What the homeowner has given away is a remainder interest, that […]
Nov
9
My spouse needs nursing home care; Can I keep all of our money?
Category: Consumer Articles, Medicaid | Leave a Comment
Medicaid law allows an individual whose spouse needs nursing home care to keep as much as $101,640 in 2007, as well as the house, a car, certain life insurance policies and a few other assets. But this rule is misleading. Consider the following example.
Husband and Wife own a house, a car, and $100,000 […]
Oct
30
Does everybody need a revocable trust?
Category: Consumer Articles, Estate Planning, Medicaid | Leave a Comment
Many of you have heard the clarion call - “You need a revocable trust!” This cry emanates from the full page newspaper ads touting the one-day seminars on revocable trusts. This cry emanates from the 60-second spots on the radio informing you that your estate plan is not complete without a living trust. […]
Oct
24
Using Fiction to Obtain Medicaid Eligibility
Category: Medicaid, Technical Articles | Leave a Comment
A technical article for Maryland elder law professionals.
Another lawyer called recently and asked me how to resolve a problem faced by one of his clients. When I told him what to do, he remarked: “You’re making that up!” He was right about my “making that up” because my solution involved […]
Oct
9
Gifts by Spouse Cause Medicaid Ineligibility
Category: Consumer Articles, Medicaid, Technical Articles | Leave a Comment
A technical notice for consumers and Maryland elder law professionals.
In a dramatic shift in Medicaid policy, Maryland now will look at asset transfers by a spouse living in the community to determine whether the spouse in the nursing home may continue to receive Medicaid benefits. Previously, once Medicaid eligibility was granted, the community […]
Oct
8
A technical article for Maryland elder law professionals.
Elder law lawyers are familiar with third party trusts authorized by the Omnibus Budget Reconciliation Act of 1993 (OBRA ‘93), which third party trusts are addressed in 42 U.S.C. 1396p(c)(2)(B). With such a trust an individual can set aside assets for a disabled person under age […]
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