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…
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,…
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….
Question: My mother passed away with no assets — no house, no life insurance, no savings, etc. What do I need to provide to Medicaid so they stop sending notices about recovering benefits paid to the nursing home? There is nothing to recover. Answer: This will depend on the state, but a simple letter explaining the circumstances…
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…
Question: My son was disabled prior to age 18 and is now 39. He lives with us at home and draws Social Security benefits on his dad’s work record. I will be 62 in June and have applied for early retirement. Will our son be able to draw from my work record as well? Answer: He will only be able to draw…
Question: I live in Illinois and my question is about the legal guardianship of my adult son with disabilities. I am his guardian and my husband is co-guardian. We are divorcing. Does being co-guardians mean we both have to sign for everything? Also what happens if there is an emergency and I am the only one…
Question: My daughter is receiving Social Secrutity Disability Insurance (SSDI) from her dad’s SSDI because she gets more that way than on her own account. But is there an age at which she will age out of his SSDI benefits and have to apply on her own? Answer: As long as your daughter meets the SSA’s definition of disability,…
Question: I have three children and one is an incapacitated adult child. I would like to prepare a will that leaves my house to the three children but puts one-third of the house in a special needs trust to benefit my child with disabilities. Is this even possible? I believe a house (and other assets) can…
