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Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself. Answers to your estate planning questions so you can take care of your family and yourself.
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Long-Term Care Planning

Home / Long-Term Care Planning /
 How Does Medicaid Estate Recovery Work when a Testamentary Trust is Involved?
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By Harry Margolis
In Long-Term Care Planning, Probate, Wills
Posted August 9, 2022

How Does Medicaid Estate Recovery Work when a Testamentary Trust is Involved?

Question: What if an unknown Medicaid estate recovery claim pops up, and the surviving spouse is not an explicit heir, but rather beneficiary of a testamentary trust? How does delayed recovery [...]

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 Should My Parents Put their Home in My Name?
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By Harry Margolis
In Long-Term Care Planning
Posted July 29, 2022

Should My Parents Put their Home in My Name?

Question: My parents are thinking of putting their primary and only residence into my name so they would qualify for reduced rates in a residential facility if need be. The home is worth about [...]

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 What Dates Matter for the Medicaid Transfer Penalty?
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By Harry Margolis
In Long-Term Care Planning
Posted July 15, 2022

What Dates Matter for the Medicaid Transfer Penalty?

Question: Can you clarify some benchmark dates for making a long-term care Medicaid application? Does the five-year look-back period start (or end) on the same date as the date of the mailed-in [...]

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 Are Trust Distributions on Behalf of a Medicaid Beneficiary Taxable Income?
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By Harry Margolis
In Long-Term Care Planning
Posted June 24, 2022

Are Trust Distributions on Behalf of a Medicaid Beneficiary Taxable Income?

Question: I understand that trust distributions are not generally income for Medicaid purposes when paid to a provider of services rather than directly to the beneficiary (and presumably would [...]

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 Must I Put My Home in Trust to Protect it from Medicaid?
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By Harry Margolis
In Irrevocable Trusts, Long-Term Care Planning
Posted June 13, 2022

Must I Put My Home in Trust to Protect it from Medicaid?

Question: Is it necessary to put assets into a trust, and does this protect your home from Medicaid? Response: It’s certainly not necessary to place assets into a trust, but trusts can [...]

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 Can Heirs Take a Capital Loss on Return of 90% of CCRC Deposit?
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By Harry Margolis
In Long-Term Care Planning
Posted June 10, 2022

Can Heirs Take a Capital Loss on Return of 90% of CCRC Deposit?

Question: My question is concerning stepped up value for an inheritance from a CCRC – Continuing Care Residential Community. The buy-in was $375,000 after death the return is 90%. Is the [...]

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 Can Medicaid Estate Recovery Claim Against My Estate for Benefits 20 Years Old?
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By Harry Margolis
In Long-Term Care Planning, Probate
Posted June 8, 2022

Can Medicaid Estate Recovery Claim Against My Estate for Benefits 20 Years Old?

Question: I have been on expanded Medicaid for 3 years. I am 61 years old. Is expanded Medicaid still subject to estate recovery? If I go off Medicaid now and don’t die till I’m, say [...]

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 Would Home of Non-Married Couple Have to be Sold if One Moved to a Nursing Home?
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By Harry Margolis
In Long-Term Care Planning, Non-Traditional Families
Posted April 19, 2022

Would Home of Non-Married Couple Have to be Sold if One Moved to a Nursing Home?

Question: My partner and I are in our 70’s and not married but all of our assets are in both our names. How will this affect us as far as our home if one was to have to go into a nursing [...]

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 Does a New Medicaid Look-back Period Begin Every Time Transfers are Made to Trust?
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By Harry Margolis
In Long-Term Care Planning
Posted April 8, 2022

Does a New Medicaid Look-back Period Begin Every Time Transfers are Made to Trust?

Question: We all hear about the 5-year Medicaid look-back period of an irrevocable trust and after the 5 years your assets are protected. What if you put an asset into the trust one week before [...]

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 Does Medicaid Estate Recovery Only Apply to Medicaid Beneficiaries?
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By Harry Margolis
In Long-Term Care Planning
Posted March 4, 2022

Does Medicaid Estate Recovery Only Apply to Medicaid Beneficiaries?

Question: Does Medicaid estate recovery only apply to those that are recipients of Medicaid? Response: Yes, but it might not always seem that way. Medicaid estate recovery only applies to the [...]

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