How to Protect Against Medicaid Look Back Period & Preserve Assets
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- Опубликовано: 2 авг 2024
- Hear from ELG Estate Planning founder and top Estate Planning Attorney Lynn St. Louis as she talks about how to protect against Medicaid look back period and preserve your assets.
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ELG Estate Planning (Elder Law Group PLLC) is here to help with Estate Planning, Wills, Asset Protection, Durable Power of Attorney Financial, Durable Power of Attorney Health Care, Health Care Directives, Medical Asset Preservation Strategies, Obtaining Medicaid Benefits, Long Term Care Planning and Probate & Trust Administration.
Information provided is for educational purposes only and should not be interpreted as legal advice nor as creating an attorney client relationship.
My parents setup a revokable trust, dad passed in 2020 and mom is 90 (in very good health) and in assisted living memory care. They had 2 properties, one in NJ which we sold after dad passed. That money has been paying for her care but were almost out of cash. The other is a summer home in NH valued at over 1 million and has been in the family for over 50 years and now were afraid we may have to sell it all to continue moms care. My dad would be out of his mind if he knew this was going to happen. Any advise to avoid this major loss?
I pray seniors spend their money they work hard for on SELF! I noticed seniors in the DC area sale their homes and move to senior living. I want my parents to enjoy life to the fullest. leave good memories.. Most children are ungrateful and selfish. I will do whst it takes to keep my mom & dad alive..
Thank you for posting this
My Mom is 80 and has Medicade since 2015. She also has a long term care ins policy ($5k/yesr) She also has a home title trust. House is paid. She really has not other assets that would amount to much. Do I need to do anything else to protect the home. Also, her bank accounts have a transfer on death the bank has.
I’m curious if elder's long term care look back on 60 month transfers apply to the 17,000 gifting and recoups on that? Especially, if that 17,000 is a land ownership interest owned in an LLC? Also would they be able to recoup the remaining value of the elder's interest in an LLC?
❤ in oregon at least there is a law, that if you were on long term care like a nursing home, after say your dad passed the state comes after the family their adult kids, if one of the adult kids arw disabled under social security rules. You can apply to get the case closed. You have to show proof a letter from social security you are disabled, send in a birth cert. Also another clause a hardship clause if paying back money could leave you homeless.
This is so great that you are doing this, thank you! Does the state get the furniture and personal items in the house too?
NO...🙏😔🙏
Do you represent people in Iowa? My mother doesn’t have a lot of money, but she does have assets. Unfortunately she was recently diagnosed with cancer & needs to do some estate planning as she doesn’t know what the future holds for her medical condition. Please let me know.
how to perserve your home or sell it to your child/children if the aging parent is on Medicare.
my dad lives in the state of Washington, hes been on Medicaid for many years. Can his kids can still do something to keep the house when my dad passes?
This makes me sooooo upset. All the money we have earned over the years and now we have to use it for the home my 60 year old husband is in =( Sooo upsetting and yes confusing. I do have a Elder law attorney.
It costs money.
Do you do oregon.
Can you help people in Texas? Do you have a recommendation for someone in the Garden Ridge / Schertz/ New Braunfels areas?
We are only licensed to practice in Washington and Idaho. You can find an Elder Law Attorney near you here: www.avvo.com/
Look at Qualified income Trust.
Are you licensed to practice in Florida? I would like to set-up some type of trust to protect my assets; thank-you.
Thank you for your question. We are licensed to practice in Washington & Idaho. Thank you.
This attorney is in Orlando Florida. Her name is Joannie Rodriguez, Elder law Attorney
In Florida, if a home is a homestead, I don’t think Medicaid or creditors can come for the homestead home, but need to check with an attorney.
@elgestateplanning We live in Idaho. Do have a recommendation for a firm in the Boise/Meridian area?
I'm in Nevada. My disabled son is joint tenant on the house. Can I just remove my name from the house.
Can you refer me to an attorney specializing in Medicaid circumstances in Oklahoma?
I’m interested also in Oklahoma
😮l have joint savings and checking accoun😊ts with my elderly😅😅 mother. Can I access these monies without any fear of future repercussions? Thank you!
Mom passed away recently and she has me as heir to half of her house. Didn't find out till after death that my sister has sold her house and moved into moms house Now my sister says if one of us is disabled, Medicaid can't take the house. I don't know anything about the law concerning how being disabled effects mom's house ????
That is horrible. What a dirty play your sister pulled
So what do we do if the daughter has no assets now at age 14. But the parents have some assets including a house? Will that affect the child at 18 from any future benefits?
Children do not have an asset test in most states till they are 22. I would look more into it, but they are no subject to asset test.
@@dustinwest2510 so far my assets count against her until 18 years old in Florida. Same in Wisconsin. Thanks for a response
What if been on medicaid for 10 years as result of no job at time of cancer diagnosis and still on it thru a breast and cervical cancer program i am now 64 about to retire have no other insurance but have a house with a revocable living trust in place in Indiana can medicaid take my home and assets. Just did my trust in2022?
You should consult an Elder law attorney in your area
It’s usually just when you end up in a nursing home. Then they recoup what the nursing home costs. But each state may have different rules.
Does power of attorney and health care proxy help avoid the 5 year look back?
If have land you want to make a sale off that land how can have in trust fund without medicaid coming after you
Did I just spend time watching a commercial?
What if the disabled child became disabled after becoming an adult?
I need help on this question to.
There are no options or plans, you will just pay a lawyer to tell you that as the bottom line. There is no way to keep your assets if you have not spent everything down 5 years before, period.
I am an attorney who does this type work in Alabama. There are ways to keep money, not all of it but most of it. Do go see an attorney if in this situation or getting near this situation.
I had the same thought until I met with an elder law attorney who specialized in Medicaid planning. I was surprised to find that there are some creative, sometimes complicated, totally legal ways to protect assets even within less than 5 years of applying for Medicaid. You may not be able to protect everything but you may be able to protect a surprisingly significant portion. The savings far, far exceeded the legal fees we paid.
And you don’t need an attorney for a trust…..
Here is my view, if you have saved and have assets isn't your healthcare your responsibility? Why should people be allowed use medicaid (other peoples tax dollars intended for the poor) and not pay for their own well being? Help me understand!
Because throughout the entirety of your career, and often well into retirement, you’ve contributed toward/ benefited your community, your country, and society as a whole with your work. Oh, and then there’s the income taxes you’ve paid and continue to pay throughout your lifetime.
Does that help?
People who aren't poor often become poor paying for late in life medical care and services, which could be $100,000 - and more than some people's total income and savings! Plus one spouse could be reduced to poverty or below the poverty level paying for a spouse's medical care need the end of life. And for families that have had high medical bills for many years, there may not be much if any savings (I for one have been incapacitated half the time for 48 years, having to be self-employed, working all the time I was functional, with high medical bills and with the only weeks off being weeks for surgery and recover). Sure, there may be some wealthy individuals who are protecting their large homes and yachts etc. but most people don't have enough to pay for the care an incapacitated relative needs at the end of life.
You are right. It’s just sad when you want to leave something for your kids.
@@jkennethhigginsiii5696Welfare is based on having little assests.