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Medicaid Estate Recovery: Why You Received a Letter After a Loved One’s Death
When a recipient of homecare or nursing home Medicaid passes away, a state agency will send a letter to the recipient’s estate with the value of the services it rendered for the last ten years preceding the recipient’s death. However, recovery only applies to recipients who were aged fifty-five or older.
In New York State, when a person turns eighteen, they are presumed to be legally competent to make decision for themselves. However, if a person is intellectually disabled or developmentally disabled, as defined by Article 17-A (“Article 17-A”) of the Surrogate’s Court Procedure Act, a parent or concerned relative can ask the Surrogate’s Court to appoint a guardian to assume the decision-making functions for that person.
My mother has been diagnosed with a terminal illness and has specific wishes with regard to end of life decisions. She executed a living will and a DNR during her last hospital stay; however, she is concerned that her wishes may not be followed. Is there any other document that would ensure her wishes are carried out?
The Tax Cuts and Jobs Act (the “Act”) increased the federal estate tax exclusion amount from $5 million to $10 million indexed for inflation for decedents dying in years 2018 to 2025. This amount is indexed for inflation back to 2011.
My mother is 87 years old. She is getting more confused each day and refuses to sign a health care proxy or power of attorney. What will happen if she becomes unable to manage her affairs?
There are many steps and layers associated with the administration of an estate. Ultimately, for most estates, the goal is to distribute the assets to the respective beneficiaries which are named in the decedent’s Will or are intestate heirs pursuant to the laws of intestacy.
Regardless of your age, the creation and maintenance of a thorough Estate Plan is essential. An Estate Plan ensures that your needs, your family’s needs, and financial goals are met during your lifetime and upon your death.
The person selected to act as the Executor can be anyone that the testator wants to be in charge of administration of the estate. There is no requirement that the Executor have any experience or expertise in handling estate matters or have any financial background.
My mother recently passed away and I cannot locate her original Will; I can only find a copy. Can I submit the copy to the Surrogate’s Court for probate?
Many of our clients have retirement assets held in a Traditional IRA, 401K, 403(b), or other similar plan. It is important to periodically review the beneficiary designations on these types of plans.
As the individual executing the health care proxy, also called “the principal,” you have the option to set an expiration date for your named agent’s ability to act. Whether your health proxy expires is a decision you must make at the time you sign it.
