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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.

 

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Q:

Do I Need a Trust If I Have No Heirs?

I recently became a widow at 61 years old. We never had children. I don't wish to leave my assets to anyone except a specific animal charity. But I want to be sure that my money will be able to take care of me if I need to go into a nursing home. Do I need a trust or should I spell it all out in my will?

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tags: Estate Planning
Q:

Can My Mom Sign a Reverse Mortgage Even Though I Have Her POA?

I just learned that my elderly mother signed a reverse mortgage while I was her agent under a durable power of attorney. Is there anything I can do?

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tags: Estate Planning
Q:

If the Community Spouse Dies Before the Medicaid Recipient, Can Medicaid Collect from the Spouse's Estate?

My father-in-law lives at home, while his wife is in a nursing home and has been approved for Medicaid (in Medicaid jargon, my father-in-law is the “community spouse”). He has recently become seriously ill and is not expected to survive his wife. His only asset is a bank account held in his name with his son (my husband). Does Medicaid have a claim to any money left after he passes?

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tags: Medicaid Rules
Q:

Does an Executor Need to Hire an Estate Attorney Who Actually Lives in the Decedent's State?

I live in North Carolina and am the executor for my aunt who lives in New York. I need to hire an estate lawyer. Can I hire a lawyer who lives in North Carolina, or does the lawyer have to live in New York?  Or is it all about where the lawyer is approved to practice?

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tags: Estate Planning
Q:

Who Takes Care of an SSI Beneficiary's Finances if She Can't Manage Her Own Money?

I have a patient who receives Supplemental Security Income (SSI) but can't manage her own money.  Can we set up a special needs trust to receive her benefits and use them for her benefit over the course of the month?

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tags: SSI and SSDI
Q:

Can a Medicaid Recipient's House Be Transferred to a Caregiver Child After the Recipient's Death?

My sister moved from out-of-state to live with our dad and care for him. She lived with him for more than two years, which delayed a move to assisted living. After eventually going into assisted living, he received Medicaid until his death in June 2016. Upon his passing, the Medicaid office notified me, as executor, that there is a lien on the home that will need to be paid. However, we discovered that my sister meets the requirements under the caregiver exception in the Medicaid rules. Can I, as the executor, transfer the house under the caregiver exception and avoid the lien?

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tags: Medicaid Rules
Q:

Will Gifting a Car Cause a Medicaid Penalty Period?

Can my mother gift her car to my daughter without worrying about the five-year look-back period if she applies for Medicaid?

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tags: Medicaid Rules
Q:

Do We Have to Sell My Mother's House for the Tax-Assessed Value to Avoid a Medicaid Penalty?

We are in the in the process of trying to sell mom's home to help cover her nursing home expenses. Our realtor told us that because of the home's dated condition, we won't be able to get the tax-assessed value. If this is the case, will there be an issue with Medicaid when my mom's money runs out? We are under the impression that we need to sell for no less than the assessed value.

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tags: Medicaid Rules

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