Medicaid

Long-Term Care Planning and Asset Protection: Safeguarding Your Future

As experienced estate planning lawyers, we understand the importance of safeguarding your assets and ensuring your future well-being. In this article, we will provide you with valuable insights into the complexities of long-term care planning and how it can be an integral part of your overall estate plan. The Rising Importance of Long-Term Care Planning The need for long-term care can arise unexpectedly due to various factors, such as aging, illness, or accidents. The cost of

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Can adult stepchildren contest a will?

ADDITIONAL INFORMATION: My father passed away in 2020. My stepmother became ill in 2021. She reportedly completed a will stating that “she leaves all her earthly possession to her biological son.” There are 4 other adult non-biological children that were not named in the will. My father was the primary person that made the house payments prior to his death. This is also supported by the fact she set up a reverse mortgage after his death.

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Would putting my husband’s name on the deed, save us form probate when his mother has to be put in nursing home or passes away?

ADDITIONAL INFORMATION: Trying to find the right and cheapest way to but my husband on his mom’s house. I don’t know if we should make a trust for the house or change the deed. I really don’t know what way to go. Mom has dementia and bipolar. She want to has us get the house without probate. ANSWER BY MARGARET CROSS-BELIVEAU: Having dementia doesn’t mean that one is incompetent.  However, if your husband is not an

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Is a Limited Power of Appointment in a Trust still considered countable “control” over assets? Are contents of Trust at risk?

ADDITIONAL INFORMATION: My father created an Irrevocable Trust (with multiple assets and properties in it), where I (his son) am the Trustee; but in looking it over I noticed a potential issue: it says he has a Limited Power of Appointment (to add/remove Trustees, Beneficiaries, etc.), which, to me implies a level of “control” over his assets (or countable assets?). Because the Trust was primarily setup for Medicaid (5-year look back), I’m concerned this still essentially

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Can I do a will to allow my fiancée to remain living in my house up to a year, if then the house would go to my children?

ADDITIONAL INFORMATION: I am currently engaged and my fiancée lives with me. I would like to have a document that states she can live in the house for up to a year, should I die before her, and after that my children would get the estate. ANSWER BY MARGARET CROSS-BELIVEAU: Yes, you can give her the right to live in the house in your will. That is common. However, you also have to consider the question

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What rights do offspring have to deceased parent’s estate?

ADDITIONAL INFORMATION: My dad passed away in 2010. There was no will (as far as I know). He and his wife (not my mother) bought and owned property together. I have not been in touch with his wife since his passing, but I know she has since sold their house, and has remarried. She has no children, and I am the only offspring my dad had. I am just wondering if there is any legal right

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My sister is on Medicaid and she will be getting a small inheritance what she be allowed to keep this money being that she’s on?

ADDITIONAL INFORMATION: My sister is kind of disabled and on Medicaid & Medicare.  She’s getting an inheritance.  Will she be able to keep the money? thank you for your help ANSWER BY MARGARET CROSS-BELIVEAU: As she is on Medicare, I am assuming that she is over 65.  Different rules apply for different ages.  Medicaid is an asset based program.  If she receives an inheritance, she will no longer be eligible for Medicaid if she keeps it. 

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Does my brother have a right to sell my mother’s house?

ADDITIONAL INFORMATION: My mother is in a nursing home. Before that I was her caregiver. I am still her power of attorney. I still live in my childhood home and have started a family of my own. My brother just got out of prison and wants the house. He only lived in the house for one year and never paid even one bill. I used my retirement from a previous job to pay off the house

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Do any of you advise against using online template forms to create your own Will, Power of Attorney and Health Care Directive?

ADDITIONAL INFORMATION: Some of my colleagues have used these forms to create their own Will and Power of Attorney–not sure about Health Care Directive. As long as they are notarized, I assume these documents are considered as legal as those created by an Attorney–or am I mistaken? Are there cautionary tales you wish to share? Is there an online resource for these forms that you recommend? What range of costs should I expect if I complete

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