When a person is in a nursing home and applies for Medi-Cal, the Medi-Cal application will ask whether the applicant has transferred away any non-exempt assets during the 30 months prior to the application date. Remember that exempt assets such as IRA’s are reported to Medi-Cal, but are not countable assets for Medi-Cal qualification. The […]
Some people are of the belief that if they give away an amount equal to the current $15,000 annual gift tax exclusion amount, that this gift will be exempted from Medi-Cal’s 30 month look back penalty period. This notion is incorrect.
Of course, pre-planning at the earliest opportunity is the best way to assure that Medi-Cal will grant your application, should you need to file at a later time.
If the decedent is single, all assets in the decedent’s name alone can be distributed through a probate proceeding.
The ill spouse, or applicant spouse, cannot have more than $2,000 in his/her name, of non qualified assets. The well spouse can have up to $123,600 in non-qualified assets.
Exercise: Keep your strength up. Walk every day if you can, and add more steps all the time. If your legs are strong and your balance is good, you are less likely to fall.
Probate statutory time frames must be adhered to, and apply to various aspects of the probate, including filing dates, publication and creditors’ claims. If there are creditors’ claims against the estate, the probate can take even longer in order to resolve the claims.
Full authority allows the personal representative of the estate to sell or exchange real property without court supervision. Limited authority to sell real property requires court supervision.
By utilizing Proposition 58, after the close of probate or trust administration, the daughter should be able to continue to pay property tax on the parents’ original tax basis of $85,000.
If you do not transfer title of your home to your trust, and your name alone is on the deed, a probate of your home will be required when you die. The state could then recover against your home.