Estate Planning and Elder Law Blog

Estate Recovery and Homestead

Question:  My mother, who is widowed, is receiving Community Based Medicaid services.  She currently owns a home in her own name; she has been hesitant to transfer it out of her name.  I am concerned about Medicaid having a claim against the house after her death, am I right to be concerned? Answer:  Yes.  Individuals…

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Dividing the Personal Property of an Estate

Q: My mother recently passed away. I am the nominated executor of her estate.  Her Will directs that all of her personal property is to be shared equally among her children. Can you give me any suggestions about how to divide the personal property? A: While it is relatively simple to equally divide cash and…

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Community Medicaid

The Community Based (Homecare) Medicaid program can assist families in paying for the cost of care in the home and will also pay for certain adult day care programs so long as certain eligibility requirements are met.  First, the applicant must meet the necessary income and assets levels.  An individual who is applying for homecare…

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Power of Attorney

Question: My aunt has been diagnosed with Alzheimer’s disease. She is in the early stages, can she sign a power of attorney? Who determines if she has capacity? Answer: This is an excellent question and one that comes up often in the practice of Elder Law. The fact that your aunt has a diagnosis of…

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