Elder Law, Medicaid, Estate Planning and Long-Term Care

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?

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Is Changing a Revocable Trust into an Irrevocable Trust Subject to Medicaid’s Five-Year Look-Back?

My mom has a revocable trust that she set up more than 15 years ago. If we change it to an irrevocable trust, would it be subject to the five-year look-back when applying for Medicaid benefits?

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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?

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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?

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Is a Payment to a Student Loan Company Exempted from the Gift Tax?

I had promised to help my son with his education costs. He has graduated (he is 25 and not my dependent). He owes approximately $100,000 in student loans. If I make a payment of more than $16,000 directly to my son's lending institution, is that exempt from the gift tax?

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Can Medicaid Recover Benefits from an IRA After the Recipient Dies?

After a Medicaid recipient dies, can Medicaid recoup benefits from the recipient’s IRA? The IRA was not counted as a resource when applying for Medicaid because it was in "payout status"

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If a Medicaid Recipient Moves in with Us, Will Medicaid Try to Recoup Benefits from Us?

My father-in-law is coming to live with his son and me. We own our home (in both our names) and have significant savings. Can Medicaid try to make a recoupment claim against us after my father-in-law's death?

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Should My Dad Move His Money Out of an IRA and Into an Account in My Mom’s Name Before Applying for Medicaid?

Most of my parents’ money is in an IRA that is in my dad's name. My mother has very few assets in her name. He is older and may need to go into a nursing home in a few years. He has a Roth IRA worth $100,000. He is considering taking the money out of the Roth and putting it in an account in my mom's name. It won't grow...

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What If Social Security Won’t Honor My Mother’s Power of Attorney?

I am an agent under a power of attorney for my mother, who has dementia. Social Security would not speak to me over the phone about establishing an online account because they didn't see me as the authorized representative payee. Is there anything I can do?

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ElderLaw 101

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Medicare Enrollment Period Extended for Those Who’ve Been Getting a Busy Signal

In recent months, phone lines at the Social Security Administration have been experiencing major technical problems, preventing some people from enrolling in Medicare in a timely manner.

Using an Intentionally Defective Grantor Trust to Transfer Assets

An intentionally defective grantor trust allows wealthy families to transfer assets from one generation to the next while achieving significant tax savings. IDGTs are especially useful if you have assets that will appreciate significantly over time.

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Medicaid Information in your state

Every state's Medicaid program is unique. We have collected the key eligibility rules for all 50 states and the District of Columbia.

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Better Than No Loaf: Medicaid Planning Using "Half a Loaf" Strategies

While it is preferable to conduct long-term care planning well in advance of needing care, if you haven’t planned ahead, there are some strategies available to avoid spending all your assets.

Saying Medicaid Estate Recovery Keeps Families in Poverty, Advocacy Groups Call for Abolishing It

Elder advocacy groups are calling for the elimination of Medicaid estate recovery after a congressional advisory commission concluded the practice recoups a tiny percentage of Medicaid spending while contributing to generational poverty and inequity.

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