New Jersey Courts Decide Case Involving Estate Recovery and Elective Share #EstateRecovery
Estate recovery is something I am asked about frequently when it comes to Medicaid, although families rarely pose it in those terms. The question, or some variation of it, goes as follows: “Will Medicaid put a lien on my home?” What we are talking about is the State of
The Importance of a Good Medicare Supplemental Policy (Part 2)
Last week I was telling you about a call I received from Mary. Her husband, John had a heart attack which led to other medical complications. Long story short he had been in the hospital for 4 months and was now close to exhausting his Medicare coverage under Part
The Importance of Having a Medicare Supplement (Part 1)
Since a large majority of our clients are over the age of 65 or disabled and receiving Social Security, those clients also receive Medicare benefits. Medicare does not cover long term care so as elder law attorneys we don’t spend much time addressing Medicare questions and problems. However, I
What to Do When You Have No One to Help (Part 2)
Last week I presented to you the hypothetical, but very common case, of Jane who is in the hospital and has acute and chronic health issues. She has no family or she is estranged from her family. The immediate problem is that she has no designated person to act
What to Do When You Have No One to Help
I have written often about the need for everyone to have a support system in place in the event of a crisis. Think about whom you would turn to if you needed help. For most people it would be family, a spouse, child, grandchild, sibling, niece or nephew. But,
New Medicaid and VA Figures for 2017 #2017Medicaidnumbers
It’s time to update the numbers for many of the government programs that affect our clients’ lives and that we work with so often. I am talking about cost of living adjustments for the new year. For 2017, the Social Security Administration announced that Social Security recipients will receive a
Important Change to Special Needs Trust Law
In 1993 Congress enacted a law commonly referred to as OBRA 1993. The law contained major changes to the Medicaid laws. Included in the law was a provision permitting the creation of a special needs trust for disabled individuals under the age of 65, into which could be placed
How Medicaid Treats Life Insurance (Part 2)
Last week I was talking about life insurance as it affects eligibility for Medicaid. While term insurance has no value while the insured is alive and only provides a payment at the death of the insured, other types of life insurance – namely whole life and universal life –
How Medicaid Treats Life Insurance (Part 1)
Medicaid requires the applicant to spend down all assets to under $2000 before approving an application for benefits. The question comes up frequently about life insurance. Is it an asset and if so, what is the value? In order to answer that question, we must examine what kind of
John Hancock Latest to Drop Long Term Care
Two weeks ago John Hancock, one of the largest providers of long term care insurance announced it is withdrawing from the market. It will stop selling new long term care insurance policies. John Hancock currently has sold more than 1.2 million policies nationwide. What does it all mean? Hancock