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Rental Property and Medicaid

Rental Property is a common issue with Medicaid Planning. Some applicants may have a rental property. Medicaid does not treat the property itself as an asset, only the income from the net rental amounts. This means the gross rent, minus the HOA,...

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Personal Injury and Medicaid/SSI

Personal Injury settlements could be a little difficult. The difficulty is that while the IRS does not recognize the settlement for tax purposes as income, Medicaid does recognize it as an asset. The most convenient planning technique is to...

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Joint Accounts

Joint bank accounts are usually done as a means of DIY Estate Planning. The adult child places themselves on the parents account as a technique to avoid Probate. Unfortunately, from a Medicaid standpoint this invalidates the gifting prohibition...

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Common Estate Planning Mistakes

An approximately$30 trillion transfer of wealthis currently under way in the U.S. as aging baby boomers pass their assets to successive generations. This transfer, together with the recent increase to the lifetime federal estate and gift tax...

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Alzheimer Association Presentation

I recently presented to a group of caregivers at the Annual Alzheimer Association Conference at FIU in Miami. I learned a couple of things. Chief among them is that most caregivers are unaware of advanced directives and the need to have them in place....

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Low Cost Medicaid Applications

Recently a potential client became a client due to a Medicaid Application non lawyer company. These companies are not attorneys, and can not provide legal advice; even if they could, they generally do not know the law well enough to actually assist...

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Estate Planning Gone Wrong

A Revocable Living Trust is often used to complement a Will. Rather than only having a Will, the Revocable Trust generally avoids the expensive and costly Probate process. In Florida the fee the Florida Legislature has deemed as reasonable is 3% of...

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Spousal Refusal in Medicaid Planning

Spousal Refusal is a Medicaid Planning tool that Elder Law Attorneys use for their married clients. Essentially, the Medicaid spouse transfers all of the his/her assets to the "well" spouse who then signs a paper to the state that says the...

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Medicaid Pit Falls

Many seniors would rather stay at home instead of entering a nursing home. As such, many of those seniors employ home health aides to help with care in their home. Usually, these payments would not incur a penalty for later Medicaid-eligibility...

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Second Home and Medicaid Eligibility

How does owning a second home affect Medicaid Eligibility in Florida?   When determining your Medicaid eligibility benefits in Florida, the state takes an inventory of all of your financial assets and income resources. Medicaid planning...

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