Dispute Over a Retirement Account (Part 1)
A recent Wall Street Journal article about a fight over a $1 million dollar retirement account reminded me of a similar case I had in my office 25 years ago. First about the case highlighted in the Journal. To summarize, Jeffrey, single with no children died in 2015. He had no will. The majority
Medicaid Redetermination – Part 7
In my blog post last week, I discussed the calculation of Mary’s elective share. That is the amount Mary is entitled to receive as a result of her husband, George’s death, which turned out to be $300,000. Obviously this is more than the $2000 in assets she is entitled to keep to
Medicaid Redetermination – Part 6
Picking up where I left off in my blog post last week, George died leaving his wife, Mary who is on Medicaid which has a strict asset limit of $2000. While George was alive we had him change his will to leave Mary only the minimum amount required to satisfy New
Medicaid Redeterminations – Part 5
In my post last week, I talked about what happens when the healthy spouse dies leaving a surviving spouse who is on Medicaid. The elective share requires that a minimum amount - 1/3 of the deceased spouse’s estate less what the surviving spouse already has - must go to the deceased
Medicaid Redeterminations – Part 4
In this week’s 4th blog post on Medicaid’s annual redetermination process I address how the death of a spouse can create issues. In the case of a married couple where only one spouse has been approved for Medicaid, the non-Medicaid or “community spouse” is entitled to keep a home if residing
Medicaid Redeterminations – Part 4
In this week’s blog post I continue my discussion on Medicaid’s annual redetermination process and the changes that can cause problems with achieving a renewal. In the case of a married couple where only one spouse has been approved for Medicaid, the non-Medicaid or “community spouse” is entitled to keep a
Medicaid Redeterminations – Part 3
In this third post on Medicaid redeterminations, I explain changes that occur after Medicaid is approved that cause problems when it comes time for a Medicaid redetermination. One change is an expected or unexpected sum of money received by the Medicaid recipient. This could be because of an inheritance, personal injury settlement
Medicaid Redeterminations – Part 2
In last week’s post I began to discuss Medicaid redeterminations and how they have become more difficult than they once were. There are several reasons for this. 10 years ago New Jersey made changes to its Medicaid program that required certain applicants to utilize a qualified income trust. I’ve written about
Medicaid Redeterminations – Part 1
When I explain how Medicaid works, I cover the income and asset limits in the case of a single applicant as well as a married one. I also talk about the 5 year Medicaid look back and the Medicaid penalty. People typically ask me about the qualified income trust and Medicaid estate
2024 Medicaid Penalty Divisor
As I have written about frequently in this blog, many of the Medicaid numbers are updated annually. Most but not all are adjusted in lock step with Social Security’s cost of living adjustment (COLA). One Medicaid number that doesn’t adjust with Social Security is the Medicaid penalty divisor. That is the number by