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My husband may require care in a Nursing facility. I was considering applying for Medicaid but I have heard that we could lose everything if we accept assistance through the Medicaid program. Is this correct?

In general, we suggest clients review their estate plan every five years or after a major life event. Such events include marriages, divorces, births, deaths, retirement, sale of your home, etc.

The Consumer Directed Personal Assistance Program (CDPAP) is a Medicaid program that allows a Medicaid applicant, or their representative, to choose the individual (or individuals) to provide care at home rather than using an aide from a home health agency.

If you happen to have a copy of your parent’s or grandparent’s Last will & Testament, it is likely that the estate plan was simple- everything to the spouse, then when the second spouse dies, everything to the children. We call these “sweetheart” or “I Love You” Wills.

Question: My wife suffers from Alzheimer’s. Currently, I am her primary caregiver, but I am worried that if I predecease her, she will need to go to a nursing facility. One of my friends suggested executing a new Last Will & Testament that disinherits my wife and leaves my estate to my children. Should I do this?

My mother recently passed away. She had two children, myself and my sister. Prior to her death, she had named my sister as agent under her power of attorney. My mother’s will treats both of us equally. I found out that a month before her death my sister used the power of attorney to change the beneficiary on my mother’s bank account to just herself. Was she allowed to do this?

Gifting and Medicaid planning is commonly misunderstood. We often see clients who believe that the gifting rules for Medicaid are the same as the IRS gifting regulations.

My mother has been in a rehabilitation facility for the last 6 weeks and will be discharged any day now. She is unable to care for herself and we desperately need help at home. I want to apply for Medicaid to help pay for the care, but I heard this can take months. Is there a way to get the care in place faster?

My sister wants me to sign a document that allows her to probate my mother’s will. The problem is that the will favors my sister, and I think the circumstances around the will are suspect. Is there a way I can get more information about the will signing?

Question: I have created a Medicaid Qualifying Irrevocable Trust and I am attempting to transfer my home to my trust. The bank which holds my mortgage has advised that they do not allow transfers to Irrevocable Trusts. Can they prevent me from protecting my house? What can they do?