Yes. If someone transfers property for less than fair market value within five years of applying for Medicaid, they will be subject to a penalty period. This penalty is a period of time during which the person transferring the assets will be ineligible for Medicaid....
Just as we create estate plans for our eventual demise, we also need to plan ahead for the possibility that we will become sick and unable to make our own medical decisions. Medical science has created many miracles, among them the technology to keep patients alive...
Massachusetts’ highest court holds that a conservator was acting pursuant to a judge’s approval when she evicted a tenant and sold a house, so she is a quasi judicial officer and is immune from claims that she breached her fiduciary duty and converted...
Life estates can be an excellent tool for Medicaid planning, probate avoidance and tax efficiency, but there are potential problems to look out for. Knowing the implications and risks of a life estate is essential in determining whether it is appropriate for your...
Marriage is supposed to be “until death do us part,” but after one spouse dies, is it possible for a court to declare a marriage invalid (annulled)? It can be happen, as a Nebraska widower recently learned, but only in certain circumstances. Marriage provides benefits...
No one wants to see a loved one become unable to make decisions for him or herself. If this happens, however, the court may appoint a substitute decision maker, often called a “guardian,” but in some states called a “conservator” or other term....
Nebraska’s highest court declares a deceased woman’s marriage void and reverses financial transactions she made benefiting her husband, finding that she lacked the mental capacity to enter into the marriage. Malousek v. Meyer (Neb., No. S-20-470, July 30, 2021). Molly...
As COVID-19 cases start to rise again due to the highly contagious Delta variant, nursing homes are considering requiring staff members to be vaccinated. Only 59 percent of nursing home staff are partially or fully vaccinated nationwide, and the percentages are much...
Families of children with special needs face a daunting challenge when their dependents age out of school. Right now, there is a paucity of state support in America for people whose disabilities mean they are unable to care for themselves, leaving family members,...
This is a difficult question and one reason to avoid joint accounts. While joint accounts permit the joint owner to manage financial affairs for the original owner, they also remain the joint owner’s property when the original owner passes away. However, in many cases...
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