Search for Elder Law Attorneys

Advertisement

Questions & Answers

Conference at DeskWhen it comes to getting care for the elderly or protecting their interests, many families confront similar issues. Below we have collected questions received over the years from site visitors, along with our answers. Select the subject areas of greatest interest to you and see what others have asked. Chances are you'll find questions or situations that closely parallel your own.

 

After looking through our library of questions and answers first, you still can't find the answer to your question? Click Here

Q:

Would an Interest-Only Loan Count as a Gift for Medicaid Eligibility Purposes?

I am 66 years old and I live in Florida. I am considering loaning my niece, who is also one of my beneficiaries, $30,000. I would prefer to gift her this amount (using the $28,000 husband/wife gift tax exclusion), but I am worried about Medicaid's look-back period of five years. If I set this loan up as an interest-only loan and stipulate that the loan is forgiven upon my death, would this count as a gift for Medicaid purposes?

View Answerview
tags: Medicaid Planning
Q:

Will Medicaid Count Assets That Are in an LLC?

All of my father's assets are in a trust. If he transfers the assets from the trust to a limited liability company (LLC) and waits five years to apply for Medicaid, will Medicaid count the funds in the LLC as an available asset and require him to spend down the funds?

View Answerview
tags: Medicaid Planning
Q:

Can a Medicaid Applicant Pay Off a Jointly Held Mortgage As a Spend Down?

I purchased a home with my father. We both live in the home and are both on the mortgage. Is my father allowed to pay off the mortgage as a way to spend down his assets to the point that he can qualify for Medicaid’s long-term care coverage?

View Answerview
tags: Medicaid Planning
Q:

Is an Executor Required to Provide Beneficiaries with Financial Records?

What does the executor do with all the financial records of the deceased person after all his work is done? How long does he keep the records? Are the beneficiaries entitled to the financial records of the estate or is the executor in charge of them?

View Answerview
tags: Estate Planning
Q:

How Can I Protect My Interest in the House I Am Buying with My Unmarried Partner?

My significant other and I, who are both in our sixties, are buying a home together and will be listed on the deed as tenants in common. I am making a substantial down payment, and we will share the monthly mortgage. How do I protect the money I am putting in upfront and get it back when we sell or if I should die? We both want the other to have the right to live in the home as long as the survivor wants. After selling the house, we want the proceeds to go to my children. How do we set up our wills to indicate our desire?

View Answerview
tags: Estate Planning
Q:

Does My Mother's Agent Under a Medical Power of Attorney Have Any Responsibility to Me?

My mother is in a nursing home. Does the woman who is acting as an agent under my mother's medical power of attorney have any responsibility to my brother and me? She doesn't like us, and I am afraid she won't notify us if something happens to my mom. She has already told the nurses not to let me take my mom downstairs to get some fresh air, which is not a medical issue.

View Answerview
tags: Health Care Decisions
Q:

Can Medicaid Make Me Pay for My Late Mother's Outstanding Nursing Home Bill?

My mother died in a nursing home in 2015 while receiving Medicaid.  Because she had gifted money in 2011, she had to wait out a penalty period before becoming eligible for Medicaid.  She owned nothing at her death.  I have an old will but I haven't shared it with anyone because I didn't think I had to due to her having nothing to pass on. The state contacted me with a bill for her nursing home care.  Can they make me pay the bill? We live in New Jersey.

View Answerview
tags: Medicaid Rules
Q:

As My Father's Agent Under a Power of Attorney, Can I Add My Son's Name to His Life Insurance Policy?

I have dual power of attorney for my father. At this time there is no beneficiary on one of his life insurance policies and I want to add my son's name as beneficiary. This is what my father would have wanted. Can I do this?

View Answerview
tags: Estate Planning

Ask a Question

Ask us a question and we'll respond if possible. We receive a large number of questions and are unable to answer every one. But if you don't hear back, many questions, particularly those involving Medicaid law, are best answered by a local elder law attorney. To find a qualified elder law attorney near you, click here.


I understand that ElderLawAnswers is not a law firm and in contacting ElderLawAnswers I am not creating an attorney-client relationship or receiving legal advice. Any question I submit will not be treated as privileged or confidential and may be posted along with its response on www.elderlawanswers.com so others, with similar issues, can benefit from the response. However, my name, e-mail and city will not be posted or made public in association with the posted question and response. I understand that ElderLawAnswers may not respond to my question at all and if it does it will do so in a general matter on which I cannot rely. If I want a specific legal response and guidance, I will seek independent legal counsel from an attorney duly licensed in my state.