Category Archives: Brentwood Elder Law Attorney

When Can The State Recover Medi-Cal Payments?

If you die after having been on Medi-Cal, the state will want to recover from your estate. They will want to recover what they paid for your nursing home care while you were on Medi-Cal. If there is nothing in your estate when you die, there will have nothing in your estate for them to […]

Medi-Cal and Life Insurance Recovery

If you die after having been on Medi-Cal, the state can only recover what is left in your estate at the time of your death. Whatever is in your revocable living trust when you die, is recoverable by Medi-Cal because that is part of your estate. That is why we reserve powers in the revocable […]

Changes Are Coming For VA A&A Qualification

New changes are in the works which may make it more difficult to qualify for the VA Aid & Attendance Pension Benefit. This benefit, for older war time veterans or their surviving spouses, has been very helpful for some of our clients, to help them pay for their long term care costs. A single veteran […]

Consider a Line of Credit On Your Home

The home is usually our clients’ most valuable asset. For Medi-Cal planning purposes, we have discussed in previous blogs how you can set up your Long Term Care Plan to ensure that you can transfer your home to your spouse or to you children without Medi-Cal penalty, and at the same time protect your home […]

Please click the attached to view a short video on a Medi-Cal After Acquired Asset Strategy. The couple’s home is transferred from the ill spouse to the well spouse. After we qualify the ill spouse for Medi-Cal, the home can be sold by the well spouse without disqualifying the wife for Medi-Cal. You will of […]

Will Medi-Cal Let Me Make Gifts To My Wife Without Penalty?

Will Medi-Cal Let Me Make Gifts To My Wife Without Penalty? YES!  For qualification for Medi-Cal, there is presently a 30 month look back period for making gifts. But this look back period does not apply between spouses. We have discussed in previous blogs how to properly transfer the home between spouses in order to […]

Will Medi-Cal Take My Home?

We often receive calls in our office from people asking, “Is Medi-Cal going to take my home?” The answer to this question should be NO through proper long term care planning with your elder law attorney. To understand the issues involved, we must first look at the Medi-Cal regulations. In addition we must confirm that […]

What assets can you keep when qualifying for Medi-Cal?

What assets can you keep when qualifying for Medi-Cal? Your Home: Your home is generally exempt, or not counted, in determining eligibility for Medi-Cal. The Medi-Cal applicant, or their representative, must express an intent to return home. This is confirmed on the Medi-Cal application. It is also confirmed when you execute your estate planning documents […]

Final Expense Trust For No Fee

As part of your long term care planning, you can also plan ahead for payment of funeral costs. You can put an amount you decide on into an “irrevocable final expense trust” which will pay for funeral and related costs at the time of your passing. The money you put into the final expense trust […]

More On Alternative Long Term Care Insurance Options for Baby Boomers

In our last post we discussed how many of our Baby Boomer clients have looked into buying long term care insurance, but have decided against the purchase because of various reasons. Some feel that the cost is too high, or they don’t like the idea that if you don’t use it, you lose most of […]