On January 1, 2016, a new California law became effective which creates a Revocable Transfer on Death Deed. (“TOD Deed”). The deed is designed to transfer residential property to named beneficiaries upon the death of the grantor. There is no transfer of title during the life of the grantor. The legislative purpose of the TOD […]
Tag Archives: Walnut Creek Elder Law Attorney
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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 […]
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You Can Spend Down Resources for Medi-Cal Eligibility
For eligibility for Medi-Cal, you cannot have more than $2,000 in non-qualified assets in your name by the end of the month that you want to be eligible. So, if you apply for Medi-Cal on April 1, 2016, you must be down to $2,000 in assets by April 30, 2016. In addition to the $2,000, […]
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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 […]
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Do-It-Yourself Estate Plans
If you do an on-line search, you will immediately find websites that will help you create estate planning documents like revocable living trusts and wills. The selling point of these websites is that you will save on legal fees. Accordingly, you do not receive legal representation from these web sites. But, are you being “penny […]
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How Does Medi-Cal Treat Joint Accounts?
All assets in the name of the Medi-Cal applicant are reported when qualifying for Medi-Cal. The home is reported, but can usually be confirmed as an exempt asset for qualification. So- called Qualified assets such as IRA’s are reported, but are but are also usually confirmed as exempt for qualification. The applicant can then not […]
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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 […]
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How Much Does The Surviving Spouse Receive In Social Security Benefits?
In a previous post, we discussed what you should do about Social Security benefits after someone dies. But with regard to married couples, how much will the surviving spouse receive? Generally speaking, the surviving spouse will receive 100% of the deceased spouse’s Social Security benefit, as long as that amount is greater than the surviving spouse’s […]
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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 […]
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Plan For Incapacity Now
Planning for incapacity should take place now, while you still have good mental capacity. If you lose mental capacity, you will not be able to make good decisions regarding your financial and personal affairs. For seniors, incapacity can occur for instance, as the result of a head trauma, dementia or as a consequence of Alzheimer’s […]