What Is Critical Illness Insurance and Is It Worth Buying?
Many employers offer critical illness insurance as part of their benefit package. What is this insurance and is it worth purchasing? You should consider your options before paying for a plan. While a regular health insurance plan usually offers comprehensive coverage...
How to Create an Estate Plan That Includes Your Pet
Pets are members of the family, so it is important to consider how to provide for them in your estate plan just as you would the human family members. While we may think of pets as part of our family, the law considers them to be property. This means that you cannot...
My Mother Died and the Nursing Home Is Sending Me Bills. Do I Have to Pay Them?
We are sorry to hear about your loss. There are two kinds of potential financial responsibility: personal responsibility where you would have to pay from your own funds and responsibility on behalf of your mother to pay from her funds. You would only have personal...
Annuities and Medicaid Planning
In some circumstances, immediate annuities can be ideal Medicaid planning tools for spouses of nursing home residents. Careful planning is needed to make sure an annuity will work for you or your spouse. An immediate annuity, in its simplest form, is a contract with...
2021 Spousal Impoverishment and Home Equity Figures Released
The Centers for Medicare and Medicaid Services (CMS) has released its Spousal Impoverishment Standards for 2021, confirming the earlier projections of Pennsylvania ElderLawAnswers member Robert Clofine, who based his estimates on the consumer price index for urban...
Medicare Premiums to Increase Slightly in 2021
Medicare premiums are set to rise a modest amount next year but still cut into any Social Security gains. The basic monthly premium will increase $3.90, from $144.60 a month to $148.50. The Centers for Medicare and Medicaid Services (CMS) announced the premium and...
Ability to Withdraw Money Early from Retirement Plan Without Penalty Expires at the End of the Year
If you are experiencing financial hardship due to the coronavirus pandemic, you may want to consider withdrawing money from your retirement account while you still can. The special exemption allowing early withdrawals without a penalty ends soon. Passed in March 2020,...
Paying Taxes When Selling an Inherited Vacation House
While it may seem great to inherit a vacation house, in actuality it may not be practical to keep the property, especially for tax reasons. There are many factors to consider when inheriting property, including taxes, any mortgage, and other owners. But if you know...
What to Look for When Choosing a Medicare Advantage Plan
As Medicare premiums rise, a Medicare Advantage plan can seem like an attractive option. But if you are considering switching from Original Medicare to a Medicare Advantage plan, you need to know what to look for. Medicare Advantage plans are run by private insurers,...
Receiving an Inheritance While on Medicaid
For most people, receiving an inheritance is something good, but for a nursing home resident on Medicaid, an inheritance may not be such welcome news. Medicaid has strict income and resource limits, so an inheritance can make a Medicaid recipient ineligible for...
In the News: A Trustee Has a Duty to Preserve Trust for Beneficiaries, Not to Ensure Payment of Alimony to Grantor’s Ex-Wife
An Iowa appeals court rules that a trustee of his father’s trust is not liable for interference with a contract when he stopped paying his father’s ex-wife alimony because his duty was to preserve the estate for the beneficiaries of the trust, not to ensure that she...
Updated Guidance On In-Person Visitation For Senior Care Communities in Kansas
Basic Facts if you are ready to have a visit in a nursing home, assisted living facility, home plus, residential health care facility or boarding care home in Kansas Visitation First you need to know your COVID-19 County Positivity Rate. Call your local public health...
Special Needs Planning Update: New POMS Transmittal Allows Transfers From (d)(4)(A) to (d)(4)(C) Trusts and Vice Versa
When a (d)(4)(A) trust runs low on assets or is unable to find a trustee, the obvious solution is to send it to a (d)(4)(C) (pooled) trust. But there has been no Social Security Administration (SSA) policy allowing such a transfer without triggering payback...
Can a Nursing Home Redirect a Resident’s Social Security Without Notifying the Resident’s Agent Under a Power of Attorney?
While we are not exactly sure how this happened in your mother’s case or why the facility failed to communicate with you, we can guess what happened. The Social Security Administration does not honor powers of attorney. Instead, they require a “Representative Payee”...
Do You Pay Capital Gains Taxes on Property You Inherit?
When you inherit property, such as a house or stocks, the property is usually worth more than it was when the original owner purchased it. If you were to sell the property, there could be huge capital gains taxes. Fortunately, when you inherit property, the property’s...