Priority of claims against a decedent’s estate

2 years ago

In Georgia, O.C.G.A. 53-7-40 provides that claims are paid in the following order: Unless otherwise provided by law, all property…

Property Rights

2 years ago

Assets are things you own that have value. Assets include all income and all resources. 42 U.S.C. § 1396p(h)(1).  They…

How does it help to be worried?

2 years ago

It really doesn't help to worry. The simple answer is "don't do it." In Matthew 6: 25-34, Jesus said: Take…

Divorce and the Community Spouse

2 years ago

Another “option” that may be considered in appropriate cases is divorce. Deeming between spouses terminates when the marriage terminates. In…

Seeking Adjustments to the CSRA or MMMNA

2 years ago

MCCA includes a mechanism for increasing both the CSRA and the MMMNA in certain cases. The methods by which this…

Post-Eligibility Treatment of the Institutional Spouse’s Income

2 years ago

As eligibility is being determined, if the Community Spouse’s monthly income falls below the Minimum Monthly Maintenance Needs Allowance (“MMMNA”),…

Protecting Income for the Community Spouse

2 years ago

Income and resources are treated differently. Unlike resources, income is not pooled in determining eligibility; the Community Spouse’s separate income…

Potential Redetermination When Moving to a New State

2 years ago

In Dullard v. Minnesota Department of Human Services, 529 N.W.2d 438, 443 (Minn. App. 1995), Minnesota was allowed to reevaluate…

Transfer Penalties and the Community Spouse

2 years ago

Some couples might consider reducing the size of the marital estate by giving their resources away. Frequently this is the…

Protecting Resources for the Community Spouse

2 years ago

Federal law protects the healthy (or healthier) spouse of a nursing home resident. The healthier spouse is known in Medicaidland…