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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:

Can a Family Member Under a Personal Service Contract Receive Wages Through a Will?

I have questions about personal service contracts. 1.) Does the contracted person HAVE to draw the money? Can the contracted person keep the money where it is, not touch it, and avoid paying taxes on it? 2.) If there is money left over that was not allocated, what are the tax ramifications if the contracted person is an heir and is willed the remaining money?

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tags: Senior Living
Q:

Will Momís Utility and Tax Payments on a House She Transferred Count as Gifts?

My mother turned her home and the farm over to me and my two brothers more than seven years ago, but she continued to pay the utilities and taxes on the property. She is now in a nursing home and will be applying for Medicaid within the year. Will the money she spent during the look-back period on taxes and home utilities have to be paid back or count as penalties for Medicaid?

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tags: Medicaid Rules
Q:

Do VA Aid and Attendance Benefits Count as Income for Medicaid Eligibility Purposes?

Are U.S. Department of Veterans Affairs (VA) Aid and Attendance pension benefits excludable as countable income for Medicaid eligibility purposes? How about Social Security?

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tags: Medicaid Rules
Q:

What Should I Expect When I Hire An Elder Law Attorney?

I am considering engaging an elder law attorney to help with the Medicaid eligibility review, processing, and protection planning for my mother who needs to go to a nursing home. I want to make sure I choose the right attorney for this task since the costs for these legal services can be high. When hiring an elder law attorney, what should we expect for this service and what should we expect to gain in return?

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tags: Medicaid Planning
Q:

Can Property in an Irrevocable Trust Be Sold or Gifted Without Restarting the Medicaid Look-Back Period?

My parents have an irrevocable trust that contains land, money, and real property. It was set up as part of Medicaid planning. If the trustees sell a part of the land, would it reset the five-year look-back period? Also, does this land have to sell at "market" value or can it sell to family at a discounted price? Finally, could this land simply be gifted without resetting the five-year look-back period?

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tags: Medicaid Rules
Q:

Does Going into a Hospital from Rehab Restart Medicare's 100-Day Payment Period?

My father is 85 years old and was hospitalized at the end of April. Upon being discharged, he went straight to rehab. His 100th day was August 17th. However, he has been back in the hospital twice during the time he's been at the rehab facility. A friend told me that she had a similar situation with her mother and that when she returned to rehab after being in the hospital, her 100 days started over. She said she had to fight for it, but it would certainly be worth the fight if we could restart the 100 days.

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tags: Medicare
Q:

Does an Executor Have a Deadline to Probate a Will?

My sister was named executor of our parents' will. It has been three years since our parents passed away and my sister has not moved to probate the will. Does a will have to be probated within a certain length of time or can she drag it out forever?

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tags: Estate Planning
Q:

Do Beneficiaries Have Any Rights Against a Life Tenant Who Doesn't Keep Up the Property?

My mom has given her boyfriend a life estate in her house. When she dies, what rights do we have once we inherit the house? We don't want to deal with the boyfriend and really don't want to pay upkeep on the house so he can freeload off everyone. If he doesn't pay the insurance or keep up the property, can we take him to court or evict? Can we simply just deed the house back to him?

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tags: Estate Planning

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