Elder Law Answers
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?...
Read moreAfter 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"...
Read moreI 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.
Read moreI 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...
Read moreMost 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.
Read moreMy 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?...
Read moreIf 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?...
Read moreWhen 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...
Read moreMy 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...
Read moreAsk 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.
