Paying for day care is one of the biggest expenses faced by working adults with young children, a dependent parent, or a child with a disability, but there is a tax credit available to help working caregivers defray the costs of day care (called “adult day care” in the case of the elderly). In order to qualify…

estate settlement time

Question:  My estranged father passed away in November 2016. I am still waiting for the estate to be settled. How long does this generally take? Answer:  It shouldn’t take that long. One year is a good rule of thumb. It takes time to take care of all the details, including distributing tangible property – artwork,…

Question: Where do I go to find something about retaining secondary health insurance while a senior citizen is in a nursing home? Medicaid wants the money that we pay monthly for my 86-year-old mother-in-law’s secondary insurance. The elder law attorney told us that we could keep that insurance policy in effect. I need something in…

Transfer IRA assets

Question: My mother-in-law has an IRA. She is applying for Medicaid and moving to an assisted living facility. My husband is permanently disabled, and I have read that it is okay to transfer assets to a disabled child. Can she liquidate the IRA and then give it to my husband? Does my mother-in-law have to…

Question: Are payments to third parties subject to Medicaid’s five-year look-back rule? If I purchase item(s) for my child, but make the check out to a third party (i.e., check paid to retailer for appliances, to firm for landscaping services, to roofing company for new roof, etc.), are these also subject to the five-year rule,…

annuity

Question: I have two annuities. If my wife or I need to go into a nursing home, would we have to cash in the annuities to apply toward nursing home expenses? I have been told that, because the annuities are considered insurance policies, we would not need to cash them in for nursing home expenses….

estate tax

While the 2017 federal tax cut means most estates won’t be subject to the federal estate tax in 2018 and 2019, state estate tax is a different matter. Some states are not going along with the increase in the federal estate tax exemption. In 2017, Republicans in Congress and President Trump doubled the federal estate…

long term care

We’ve all heard the advice “It pays to shop around,” but this has never been more true than with the current market for long-term care insurance. According to the latest industry figures, the spread between the lowest and highest cost for virtually identical coverage was as high as 243 percent.  “This is the largest spread I…

Traditionally, Medicaid has paid for long-term care in a nursing home, but because most individuals would rather be cared for at home and home care is cheaper, all 50 states now have Medicaid programs that offer at least some home care. In some states, even family members can get paid for providing care at home….

social security money

Q.  After my mother has been living in a nursing home for a year, the nursing home just asked me to provide receipts for how I spend my mother’s $60 a month allotment from her Social Security check. They say it has always been a government requirement. I am her guardian and have never heard…

© 2015 MATTHEW L. MERCER | Attorney at Law

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