Estate Recovery

Medicaid Questions: Am I Eligible?

Am I Eligible for Medicaid? Recently we were asked about the following fact pattern. Parent had multiple properties in different…

2 years ago

IRS says “Wait a Minute” on Stepping-up Basis for Assets in Irrevocable Trust

Until recently, the IRS has said little (if anything) regarding whether assets the beneficiary of an irrevocable trust receives get…

2 years ago
Should I remove the Nursing Home spouse’s name from accounts when there is a Community Spouse?Should I remove the Nursing Home spouse’s name from accounts when there is a Community Spouse?

Should I remove the Nursing Home spouse’s name from accounts when there is a Community Spouse?

When applying for Medicaid, the nursing home spouse (called the Institutionalized Spouse) is often a joint owner (or sole owner)…

2 years ago
Practical Considerations when Preparing Medicaid ApplicationsPractical Considerations when Preparing Medicaid Applications

Practical Considerations when Preparing Medicaid Applications

If you agree to file a client's Medicaid application as part of your representation, here are a few practical considerations.…

3 years ago
Can the State Take Grandma’s Home After She Dies? What is Medicaid Estate Recovery?Can the State Take Grandma’s Home After She Dies? What is Medicaid Estate Recovery?

Can the State Take Grandma’s Home After She Dies? What is Medicaid Estate Recovery?

Medicaid's estate recovery claim is essentially a creditor's claim allowing the State to recover medical assistance paid on behalf of…

3 years ago
Oregon’s Expanded Medicaid Estate Recovery Pulls Home Back Into EstateOregon’s Expanded Medicaid Estate Recovery Pulls Home Back Into Estate

Oregon’s Expanded Medicaid Estate Recovery Pulls Home Back Into Estate

In Department of Human Services v. Hobart, the Oregon Court of Appeals ruled, on March 2, 2022, that Oregon's Medicaid…

3 years ago
News Roundup – 3/4/2022News Roundup – 3/4/2022

News Roundup – 3/4/2022

We regularly post links to news articles and other resources that might be of interest to our viewers. We focus…

3 years ago
Tenncare NoticesTenncare Notices

Tenncare Notices

The following notices are routinely included with other correspondence from Tenncare. Below are Tenncare's notices regarding: (1) Estate Recovery, (2)…

3 years ago
Georgia Medicaid Estate Recovery ChangesGeorgia Medicaid Estate Recovery Changes

Georgia Medicaid Estate Recovery Changes

As of December 21, 2021, Georgia has changed its Estate Recovery Program rules under Title 49 O.C.G.A. § 49-4-147.1. This…

3 years ago
Divorce as a Medicaid Planning OptionDivorce as a Medicaid Planning Option

Divorce as a Medicaid Planning Option

Divorce is one of the most aggressive Medicaid planning tools. Divorce should not be approached lightly and should not be…

4 years ago