When My Dad Applies for Medicaid, Will His New Wife’s Assets Be Counted Even Though They Have Kept Their Assets Separate?

My dad married a woman two years ago, but they have kept all of their financial stuff separate, even when filing taxes. He is in an assisted living facility, and I take care of all of his finances and bills. When it comes time for him to apply for Medicaid, will they include her assets even though his name is not on an...

See the Answer

Who Pays Capital Gains Taxes When There Are Multiple Heirs?

When several siblings are heirs to a parent's estate, who pays the capital gains tax when the home is sold? Does each heir pay on his or her portion of the proceeds or are taxes paid from the estate before funds are distributed?

See the Answer

Does the Person Who Received a Gift from a Medicaid Applicant Have to Be the One to Return it to Erase the Medicaid Penalty?

My mother gifted money to her granddaughter. Now my mother needs to apply for Medicaid and will be subject to a penalty period as a result of the gift. The granddaughter has spent the money, so she cannot return it. We are wondering who is allowed to cure a gift? Can only the recipient cure a gift from the applicant, o...

See the Answer

Can You Transfer a Whole Life Insurance Policy to a Term Policy Without a Medicaid Penalty?

If you are in a skilled nursing home and currently spending down your assets to qualify for Medicaid, can you transfer a whole life policy to a term life policy and not suffer a look-back penalty?

See the Answer

Are My Mother’s Estate Planning Documents Still Valid If the Lawyer Who Prepared Them Is Disbarred?

My mother retired in 2004 and hired an estate planning attorney to prepare a complete estate plan package, including general power of attorney (POA), living trust, and living will. She is now in an assisted living facility and I have used the POA to handle her affairs. One of her creditors has requested documentation t...

See the Answer

Can We Return Gifted Property So That Our Mother Is Not Subject to a Medicaid Transfer Penalty?

My mom gave us land less than five years ago. Now she is applying for Medicaid and is subject to a five-year look-back period. Can we give the land back to our mother so that she doesn’t get a transfer penalty?

See the Answer

Can We Apply for Medicaid for Our Mom Without Her Signature?

My mom needs Medicaid for a possible future stay in a nursing home. She has not given any of her children power of attorney, and she refuses to sign anything, including any Medicaid application papers. Is there any way to apply for her without her signature?

See the Answer

Are Siblings Legally Required to Care for Each Other?

I have a friend whose sister is in the hospital. This friend is elderly and cannot handle her sister when she is released from the hospital. What can she do? Is she legally responsible for her sister? Where would the sister be sent if she cannot go to her sister's house?

See the Answer

Is There Anything I Can Do to Make a Nursing Home Give Me Health Information About My Wife?

My wife is in a nursing home in Texas, and I am her agent under her power of attorney. She recently caught COVID-19 and the nursing home is refusing to give me any information about her health or let me speak to her. They’ve closed the facility to visitors, but they won't even give me basic health information on how sh...

See the Answer

What Is the Best Way to Use the Equity from My House to Pay for My Care?

My estate consists of a single-family home that is totally paid off, with a current value of $1 million. My adult children have no need for, nor do they want, an inheritance. I would like to get the best care possible if I become incapacitated. I know that the value of my home will provide for the care. The house is in...

See the Answer

Recent Elder Law Articles

Recent Medicaid Articles