Three Reasons Why Giving Your House to Your Children Isn’t the Best Way to Protect It From Medicaid
You may be afraid of losing your home if you have to enter a nursing home and apply for Medicaid. While this fear is well-founded, transferring the home to your children is usually not the best way to protect it. Although you generally do not have to sell your home in...
What Can We Do If the Spouse of a Medicaid Applicant Won’t Provide Financial Information?
It sounds like your father-in-law is a good candidate for “spousal refusal” or “just say no.” If your father assigns his legal right for support from his wife over to the state, under the Medicaid rules the state Medicaid agency should evaluate your father-in-law’s...
What To Do When a Loved One Passes Away
Whether your spouse has just passed away or you have lost your mom or dad, the emotional trauma of losing a loved one often comes with a bewildering array of financial and legal issues demanding attention. It can be difficult enough for family members to handle the...
An Introduction to ABLE Accounts
When Congress passed the Achieving a Better Life Experience (ABLE) Act in 2014, it was a game-changer for families with special needs. For the first time there was a tax-advantaged way to put money aside for dependents with disabilities without compromising their...
My Thoughts on the Importance of Special Needs Planning
Proposed Major Change to Medicaid’s Funding Structure
The Department of Health and Human Services (HHS) will now give states the option to obtain a portion of their federal Medicaid funding via so-called "block grants." This potentially dramatic change is billed as a way to improve state flexibility in running Medicaid...
Congress Reverses Recent Changes to the Kiddie Tax
Written By: Andy Jones A major bipartisan bill, signed into law by President Trump in December, includes significant tax changes for people with assets in a special needs trust for a minor. The changes center on the so-called "kiddie tax," which just underwent a major...
Attention Seniors: Make Sure You Are Counted in the 2020 Census
The 2020 census is starting soon, and seniors need to be counted. This may be more of a challenge this year because for the first time, the census will be completed largely online. The U.S Constitution mandates that the federal government conduct a census every 10...
How Secure Is Social Security?
For years people have been worried about Social Security’s future, but what is the actual outlook? According to the federal government, unless Congress acts to intervene, Social Security shortfalls are expected beginning in 2035. Social Security retirement benefits...
The Top 10 Elder Law Decisions of 2019
During 2019, many legislative decisions affecting the aging and special needs populations have come down from courts across the United States. Below, in chronological order, is ElderLawAnswers' annual roundup of the top 10 elder law decisions for the past year, as...
Accounting for Gifts and Loans to Children in Your Estate Plan
No parents want their children to fight among themselves after they are gone. Sadly, conflicts often arise, especially when a parent has gifted or loaned money to one child and not others. However, a few key words in your estate plan can minimize the potential for...
If My Mother-in-Law Lives with Me, Does Medicaid Count My Income and Assets When Determining Her Eligibility?
Answer: In most states, your and your husband’s income and assets should not be included in your mother-in-law’s application for benefits. This is because the definition of “household” only includes a spouse and dependents. So you and your husband are not members of...
How Likely Are You to Need Long-Term Care?
Planning for retirement and deciding whether to buy long-term care insurance would be a lot easier if you knew your odds of needing long-term care, as well as at what age and for how long. Unfortunately, there's no definite answer. On the other hand, some statistics...
Program That Helps People with Disabilities Move Out of Institutions Temporarily Re-Authorized
Congress has temporarily extended the federal government’s largest grant program that helps states transfer people with disabilities from institutions into independent living arrangements. Tucked into a larger federal appropriations package and signed into law by...
Proposed Rule Could Make Proving Housing Discrimination Against Those with Disabilities Harder
Written By Andy Jones: It could soon be significantly harder for people with disabilities to pursue discrimination claims under the Fair Housing Act (FHA) if new regulations proposed by the Department of Housing Urban and Development (HUD) take effect. The proposed...