Estate Recovery

SSI Decisions finding no penalty where beneficiary over 65 funds a pooled trust sub-account

The federal Medicaid statute authorizes the use of individual self-settled special needs trusts for individuals under the age of 65.…

2 years ago

Georgia Medicaid Manual Updated with Transmittal 71

On November 17, 2023, Georgia issued Manual Transmittal 71, updating its Medicaid Manual, making technical changes to the following sections.…

2 years ago

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?

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

3 years ago

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?

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 Estate

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

4 years ago

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…

4 years ago

Tenncare Notices

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

4 years ago