January 2017

In MA, if Medicaid paid for a deceased hospitalization, do the heirs have to wait until the Estate Recovery fund is paid back?

ADDITIONAL INFORMATION: In MA, if Medicaid paid for a deceased hospitalization which is now in probate, does the administrator/heirs have to wait until the Estate Recovery fund is paid back before collecting any inheritances? ATTORNEY ANSWER BY MARGARET L. CROSS: MassHealth is a creditor of the estate. MassHealth is notified when the probate documents are filed with the probate court and has by statute a right to submit a claim on the estate. Once the claim

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Do I inherit my estranged spouse’s estate if no other survivors?

ADDITIONAL INFORMATION: Husband and I have been separated for a couple of years. We have no kids. Husband has now passed away and he has no living heirs or other living relatives. He did not have a will. We had a very amicable separation but we had no property settlement agreement. What is the law in Mass regarding inheritance of a separated spouse? ATTORNEY ANSWER BY MARGARET L. CROSS: Under Massachusetts law, until the divorce decree

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Pending personal injury settlement needs to be put in special needs trust for disabled senior – what is best way to handle this?

ADDITIONAL INFORMATION: Elderly mom will be receiving personal injury award. Expected to be $100K – $200K after lawyers & others are paid. Since mom is on Medicare & Medicaid, she’ll need a special needs trust to ensure that she isn’t disqualified from these government programs. Questions: 1) Since Medicare/Medicaid are means-driven programs, the recipient can’t have more than $2000 in assets. Does that mean the max she can withdraw from the trust is $2000?

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Refi and new purchase

I worked with Mary to refinance and to purchase at the same time. She was very efficient, professional, and quick. Everything went smoothly, and she had useful advice on a few questions that arose in the process. I highly recommend her. ~Anonymous

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Should you buy an annuity doubler for long-term care?

“Annuity doublers” are being touted as a new alternative to long-term care insurance. But are they a good idea? Long-term care plans have become much more expensive lately, pricing many older people out of the market. As an alternative, some companies are offering annuities that have a “nursing home doubler.” With this option, the amount of monthly annuity income you would normally receive is doubled during any period you’re in a nursing home, which will help

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How to protect against elder financial abuse

Seniors who are dependent on others due to illness, disability or cognitive impairments may be susceptible to financial abuse and fraud. The culprits may be outside predators, hired caregivers, or in some cases even relatives. If you or a family member is increasingly dependent, there are some simple but important steps you can take to reduce the chance of abuse. The most important step is to have a trusted family member or friend be involved in

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Many older estate plans have an unnecessary trust

An estate planning technique that was very popular some years ago is still present in many people’s wills, especially if they haven’t reviewed their estate plan in a while. But this technique – called a “bypass trust” – might now actually increase taxes rather than decrease them for many people, as a result of changes in the law in the last few years. If you haven’t reviewed your estate plan recently, now is a good time.

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Residents of care facilities can still vote – here’s how

Voting is the foundation of any democratic system, but it isn’t easy if you’re in a long-term care facility. Residents of nursing, assisted living and other facilities face a number of challenges in voting, from registering to actually casting a ballot. When you move into a nursing home or assisted living residence, your address changes, which means you’ll probably need to re-register to vote based on your new address. You can register in person, by mail,

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