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Certified Elder Law Attorney | SEONewsWire.net http://www.seonewswire.net Search Engine Optimized News for Business Thu, 18 Feb 2016 22:35:50 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.8 What Your Financial Planner or Family Lawyer Doesn’t Know, Hurts You! http://www.seonewswire.net/2016/02/what-your-financial-planner-or-family-lawyer-doesnt-know-hurts-you/ Thu, 18 Feb 2016 22:35:50 +0000 http://www.seonewswire.net/2016/02/what-your-financial-planner-or-family-lawyer-doesnt-know-hurts-you/ I don’t know everything, what I do know is that I have a deep level of knowledge in very few areas of law and financial planning.  When it comes to estate planning concepts as it applies to Main Street (not

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I don’t know everything, what I do know is that I have a deep level of knowledge in very few areas of law and financial planning.  When it comes to estate planning concepts as it applies to Main Street (not Wall Street) families who are interested in protecting what they’ve worked hard to earn, I’d put my pedigree and knowledge up against any other estate planner or financial planner.  That said, in other areas of law, unless I saw it on Law & Order last night, I’m not going to know it….and I’m happy to admit that I don’t know.

That last part is the most important thing.  I don’t pretend to know or dismiss things I don’t know enough about, I either learn them or accept that I don’t know.  That’s how I got into elder law in the first place. I was a pure estate planning attorney, focusing on what happens when you pass away.  But I was being bombarded with questions revolving around “what happens if I don’t pass away and continue to age, then what?”  I didn’t have the answer, didn’t pretend to have the answer, so I dove deep into the laws and strategies to become an expert on that answer.  Going on to become the second youngest attorney at the time to pass the Certified Elder Law Attorney exam in the nation and become the 15 CELA in the state of Michigan.  Then going on to write a book on the subject and then teach Elder Law at WMU Cooley Law School.

Who Do You Trust for Heart Surgery?  Heart Surgeon or Family Doctor?

If you are going in for heart surgery would you want the experienced heart surgeon or would you trust your family doctor when it comes to performing the surgery?

Likewise, I’m surprised when families get a second opinion from a financial planner or family lawyer when it comes to our recommendations.  We then end up having to educate the family lawyer or financial planner on Medicaid, Medicare, Tax Law, Veterans Benefits, Asset Protection rules, Trust rules, beneficiary designations, etc…

I’m happy to do it, but I just feel for the families who are often mislead when it comes to asset protection by lawyers and financial planners who know enough to be dangerous…and often are.

When it comes to planning to protect you legally from the devastating cost of long-term care are you going to have more faith in a Certified Elder Law Attorney (CELA), who teaches elder law to law students as an adjunct professor, written a book on the subject, teaches continued education to lawyers and financial planners on the topic or an annuity salesman or basic estate planning attorney?  I welcome the opportunity to educate the professional on the planning strategies–they often turn into wonderful referral sources.

Price Shop Your Heart Surgeon?  Documents versus Planning.

Would you price shop your surgeon?  Do you want the cheapest heart surgeon you can afford?  Probably not.  The difficult thing to understand with good legal estate planning is that not all documents are created equal.  If you call up 10 attorneys and ask how much a trust costs, you’ll get varying answers.  You can have a trust done online for probably $40 or you can have an estate plan done for free through UAW Legal Plan, if you’re a member.  But the age old lesson applies….you get what you pay for.  That applies to legal planning as well.

Having a trust or power of attorney isn’t enough.  It’s what that document says.  Better than that is how those tools are used.  If I asked you to get me a paint brush, would you know what type of brush to get me?  It’s all about the planning.

Their Ego Versus What’s Best For You

Sometimes, not all the time, there are financial planners or other attorneys who feel like that if they are not familiar with a strategy or haven’t heard of a certain type of trust, that it a) doesn’t work or b) isn’t right for you.  This is just their ego getting in the way of what is best for you.  You look up to them as a trusted advisor and they may feel that by having a new strategy (asset protection isn’t new, by the way…), it challenges their authority and the respect you may have for them.

This is very closed minded of the advisor and can be detrimental to your planning.

I love working with open minded lawyers and advisors.  In fact, just last week I was having coffee with an advisor at one of the Wall Street type financial planning firms and he said to me “Chris, this is amazing, can you come present to my group?”  Of course.  This is the point, share ideas for what’s best with your clients.  Not all planning is right for all clients, but at least know the options out there.

Sure, you can do a basic trust that avoids probate (if funded properly) and controls assets upon death.  But you can also build an asset protection trust that does all that PLUS protects you.  Get educated.  Know your options.  Choose a plan that works for you.

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Does a Land Contract Count Towards the Medicaid Asset Limit in Michigan? http://www.seonewswire.net/2015/06/does-a-land-contract-count-towards-the-medicaid-asset-limit-in-michigan/ Mon, 08 Jun 2015 18:58:53 +0000 http://www.seonewswire.net/2015/06/does-a-land-contract-count-towards-the-medicaid-asset-limit-in-michigan/ A client recently had the issue of planning for Medicaid for his mother who needed Nursing Home care but had limited assets.  One fly in the ointment is that the family had sold mom’s home on a land contract.  The

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A client recently had the issue of planning for Medicaid for his mother who needed Nursing Home care but had limited assets.  One fly in the ointment is that the family had sold mom’s home on a land contract.  The issue is how does Michigan Medicaid treat that land contract.

To qualify for Medicaid in Michigan to receive funds to help pay for nursing home care, a single individual or widow can only have $2,000 worth of countable assets.

Does a land contract count towards that asset limit or is it considered an income stream for Medicaid in Michigan?

The answer is….it depends.  Just like many legal questions there are a number of factors in whether the land contract is an income stream or an asset.

A seller’s interest in a land contract is typically viewed as an asset according to the BEM (the manual case workers use to administer Medicaid in Michigan).  The value of the asset is what the land contract could be sold for in the owner’s local area on short notice.  The land contract is the present value unless 2 banks or real estate appraisers say it is non-assignable or that it has zero value.  If that’s the case the the land contract would be valued as an income stream.

What To Do with a Land Contract and Medicaid?

So what to do?  It depends on what your family’s goals.  I’d recommend engaging a Certified Elder Law Attorney to advise on legal strategies to plan for Medicaid.  For example, a half-loaf plan could be used to protect 50-60% of a single individuals assets from nursing home or Medicaid spend down.  With a married couple, we may be able to protect 100% of the assets, so that the all of the assets are available for the health, community spouse.  Give us a call at (888) 390-4360 and we can discuss all the potential options to plan for your family.

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Does a Land Contract Count Towards the Medicaid Asset Limit in Michigan? http://www.seonewswire.net/2015/06/does-a-land-contract-count-towards-the-medicaid-asset-limit-in-michigan-2/ Mon, 08 Jun 2015 18:58:53 +0000 http://www.seonewswire.net/2015/06/does-a-land-contract-count-towards-the-medicaid-asset-limit-in-michigan-2/ A client recently had the issue of planning for Medicaid for his mother who needed Nursing Home care but had limited assets.  One fly in the ointment is that the family had sold mom’s home on a land contract.  The

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A client recently had the issue of planning for Medicaid for his mother who needed Nursing Home care but had limited assets.  One fly in the ointment is that the family had sold mom’s home on a land contract.  The issue is how does Michigan Medicaid treat that land contract.

To qualify for Medicaid in Michigan to receive funds to help pay for nursing home care, a single individual or widow can only have $2,000 worth of countable assets.

Does a land contract count towards that asset limit or is it considered an income stream for Medicaid in Michigan?

The answer is….it depends.  Just like many legal questions there are a number of factors in whether the land contract is an income stream or an asset.

A seller’s interest in a land contract is typically viewed as an asset according to the BEM (the manual case workers use to administer Medicaid in Michigan).  The value of the asset is what the land contract could be sold for in the owner’s local area on short notice.  The land contract is the present value unless 2 banks or real estate appraisers say it is non-assignable or that it has zero value.  If that’s the case the the land contract would be valued as an income stream.

What To Do with a Land Contract and Medicaid?

So what to do?  It depends on what your family’s goals.  I’d recommend engaging a Certified Elder Law Attorney to advise on legal strategies to plan for Medicaid.  For example, a half-loaf plan could be used to protect 50-60% of a single individuals assets from nursing home or Medicaid spend down.  With a married couple, we may be able to protect 100% of the assets, so that the all of the assets are available for the health, community spouse.  Give us a call at (888) 390-4360 and we can discuss all the potential options to plan for your family.

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Home Sharing May Be A Viable Option for Seniors http://www.seonewswire.net/2015/04/home-sharing-may-be-a-viable-option-for-seniors-2/ Wed, 15 Apr 2015 15:49:05 +0000 http://www.seonewswire.net/2015/04/home-sharing-may-be-a-viable-option-for-seniors-2/ Home Sharing May Be A Viable Option for Seniors By Bernard A. Krooks, Certified Elder Law Attorney As baby boomers enter retirement, a trend is emerging: more and more single seniors are choosing to live with roommates. This living arrangement may

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Home Sharing May Be A Viable Option for Seniors

By Bernard A. Krooks, Certified Elder Law Attorney

As baby boomers enter retirement, a trend is emerging: more and more single seniors are choosing to live with roommates.

This living arrangement may be especially attractive to widows or widowers in retirement who own a home that is too large or expensive for one person. Other options such as selling the home to move into a smaller one, moving…

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Michigan Medicaid Applications for Nursing Home Care http://www.seonewswire.net/2015/04/michigan-medicaid-applications-for-nursing-home-care/ Thu, 02 Apr 2015 19:25:46 +0000 http://www.seonewswire.net/2015/04/michigan-medicaid-applications-for-nursing-home-care/ Filling out a Michigan Medicaid Application for Nursing home care can be a difficult process.  It’s not different than filling out an application for any other governmental benefit, like VA Benefits.  It’s a real pain in the butt.  In addition

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michiganmedicaidapplicationFilling out a Michigan Medicaid Application for Nursing home care can be a difficult process.  It’s not different than filling out an application for any other governmental benefit, like VA Benefits.  It’s a real pain in the butt.  In addition to the actual Medicaid application, there is a whole slew of other documents that are needed to support the Medicaid application for nursing home care.

Hire a Medicaid Planning Lawyer

Having a Certified Elder Law Attorney on your side makes the process of filing for nursing home medicaid so much easier.  There are many pitfalls for those unaware.  If the nursing home Medicaid application isn’t completed properly then your loved one could either be turned down for Medicaid or sacrifice assets that wouldn’t need to be spent down if working with an elder law attorney who is an expert on Michigan Medicaid planning.

What’s Required to Apply for Medicaid in Michigan

There really are only two things necessary to apply for Medicaid in Michigan.  First you need to fill out the actual Medicaid application.  Next you need to provide documentation to verify general and financial requirements.

Sounds simple, right?  If only it was that easy.  There is an art and science to putting together a Medicaid application that is accepted by the Department of Human Services (DHS)

Once you’re found eligible medically for nursing home Medicaid, then you must pass the financial asset test as well.  For a single individual you can only have $2,000 in countable assets to qualify for Medicaid.  A Michigan elder law attorney can help you protect more than the $2,000 through proper Medicaid planning.

Some of the documents DHS may ask to help prove financial eligibility include current tax bills, real estate appraisal, copies of mortgage, bank statements and even bank statements from the previous 5 years.

Married Couples Qualifying for Medicaid

If you’re married and have a loved one in a nursing home and you’re looking to qualify for Medicaid, you will also need to provide a snapshot of your assets upon first entering the hospital or nursing home.  This can help establish how much the community spouse may be able to protect with the help of a Medicaid planning elder law.

Medicaid Planning is Not a Do-It-Yourself Project

It is important to hire a Michigan Medicaid planning lawyer if you’re completing a Medicaid application because there are many dangers to watch out for an opportunities that can be missed.

If you need help with Medicaid for a loved on in Macomb, Oakland, Wayne or Livingston county, contact our office and we’ll be able to offer expert assistance as one of a handful of Certified Elder Law Attorneys (CELA) in all of Michigan.

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Durable Powers of Attorney Can Help Smooth Transitions for Elder Care in 2015 http://www.seonewswire.net/2015/02/durable-powers-of-attorney-can-help-smooth-transitions-for-elder-care-in-2015/ Sat, 14 Feb 2015 13:55:44 +0000 http://www.seonewswire.net/2015/02/durable-powers-of-attorney-can-help-smooth-transitions-for-elder-care-in-2015/ Durable Powers of Attorney There is a need in all of us to nurture our parents as they become older. We make decisions regarding where they will live – whether in their own home, with you or in an elder

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Power of Attorney lawyer

Durable Powers of Attorney

There is a need in all of us to nurture our parents as they become older. We make decisions regarding where they will live – whether in their own home, with you or in an elder care facility. After making this decision, however, you find there are other preparations to arrange. You may now find yourself in charge of such financial and medical matters as overseeing their insurance and day-to-day concerns like paying the bills. This is where durable powers of attorney can change things and pave the way for both you and your parent to have smoother transitions on all necessary legal matters.

Durable Power of Attorney in Michigan

A durable power of attorney enables your elderly parent (called the “principal” in the power of attorney document) to appoint an “agent,” (you), to handle specific health, legal and financial responsibilities. This document is especially important in regards to their healthcare. With the need for proper medical assistance becoming such an important issue, being able to step in and make decisions regarding your parent’s care, and their benefits under the Affordable Care Act, is vital. For instance, under this act, seniors with Medicare benefits will never have them reduced or eliminated and, will always be able to choose his or her own doctor. This is why it is essential to know what their rights are and set up the legal means to take over, if necessary, and make decisions for them before they become forgetful, terminally ill or have difficulty handling these tasks. By doing this now, while your parent is capable of deciding to seek assistance:

  • First:  the transfer of responsibilities occurs immediately.
  • Second: if they do unfortunately, become incapacitated or incompetent, this will allow you to make many important financial decisions, pay bills and make important healthcare decisions on their behalf.
  • Third: this provides an opportunity to do crucial Medicaid planning. What this means is that if your parent should need long-term care in the future, which is expensive, this can deplete their life savings before they are even allowed to become eligible for benefits such as Medicaid or Medical Assistance. Through this planning, you can help your parent protect the assets they have; including their home.

Not All Durable Powers of Attorney are Equal

One of the big issues Michigan families run into is that not all durable powers of attorney are created equal.  Quite often when a durable power of attorney is reviewed it is prepared from an estate planning perspective, not an elder law one.  Meaning there are limitations that won’t allow you to properly plan for VA Benefits or Medicaid because the power of attorney was drafted by someone who is not a Certified Elder Law Attorney.

Durable Power of Attorney for Your Parents

We understand that emotions involved while caring for your elderly parent can seem almost as overwhelming as the financial obligations themselves. As your loved ones age, together, we can plan a caregiving strategy. By choosing The Elder Care Firm, a practice that is dedicated to helping Michigan seniors, veterans and their families plan for and cope with the many issues that come with growing older, this will help smooth transitions and give you a better view of the scope of your responsibilities. To learn more about the durable power of attorney and speak with a lawyer who can help, please contact us today for more information.

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Michigan Lawyers Specializing in Wills, Trusts, and Elder Law http://www.seonewswire.net/2014/12/michigan-lawyers-specializing-in-wills-trusts-and-elder-law/ Sun, 07 Dec 2014 03:18:15 +0000 http://www.seonewswire.net/2014/12/michigan-lawyers-specializing-in-wills-trusts-and-elder-law/ Are you looking for Michigan lawyers specializing in wills, trusts, elder law, and estate planning?  If so, then you’ll want to find a Certified Elder Law Attorney (CELA). What is a Certified Elder Law Attorney? A Certified Elder Law Attorney

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michiganexpertwillstrustslawyerAre you looking for Michigan lawyers specializing in wills, trusts, elder law, and estate planning?  If so, then you’ll want to find a Certified Elder Law Attorney (CELA).

What is a Certified Elder Law Attorney?

A Certified Elder Law Attorney is lawyer that has earned the CELA designation.  Elder law attorneys who have their CELA have the enhanced knowledge, skills and experiance to be properly identified to the public as Certified Elder Law Attorneys.  The National Elder Law Foundation (NELF) has developed and published rules and regulations regarding certification and has been around since 1993.

In Michigan, there are currently 15 CELAs in all of Michigan.  There is only one in Livingston county–that’d be me.

What is the Criteria for CELA Designation?

The following are the requirements for the CELA designation.

  • Licensure – Attorney must be licensed to practice law in at least one state or the District of Columbia
  • Practice – Attorney must have practiced law during the five years preceding their application and must still be practicing law.
  • Integrity/Good Standing – Attorney must be a member in good standing of the bars in all places in which they are licensed.
  • Substantial Involvement – Attorney must have spent an average of at least 16 hours per week practicing Elder Law during the three years preceding their application. In addition, they must have handled at least 60 Elder Law matters during those three years with a specified distribution among subjects as defined by the Foundation.
  • Continuing Legal Education – Attorney must have participated in at least 45 hours of continuing legal education in Elder Law during the preceding three years.
  • Peer Review/Professional References – Attorney must submit the names of five references from attorneys familiar with their competence and qualifications in Elder Law. These persons must themselves satisfy specified criteria.
  • Examination – Attorney must pass a full-day certification examination administered by NELF which is designed to demonstrate their specialized Elder Law knowledge and skills

How Do You Know Your Michigan Elder Law Attorney is an Expert in Wills, Trusts, and Estate Planning?

Any attorney can say they are an expert in any area of law.  However, the CELA designation is truly the only designation that is peer reviewed and tested where the elder law attorney needs to prove his or her worth.

The best way to Michigan lawyers specializing in wills, trusts, elder law, and estate planning would be to find a Michigan Certified Elder Law Attorney

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Special Needs Trusts: How Much Trouble Are They to Manage? http://www.seonewswire.net/2014/12/special-needs-trusts-how-much-trouble-are-they-to-manage/ Thu, 04 Dec 2014 16:27:50 +0000 http://www.seonewswire.net/2014/12/special-needs-trusts-how-much-trouble-are-they-to-manage/ By Bernard A. Krooks, Certified Elder Law Attorney A client recently asked the following question: I’m thinking about setting up a special needs trust for my son, who has a developmental disability. Will it mean a lot more work for

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By Bernard A. Krooks, Certified Elder Law Attorney

A client recently asked the following question: I’m thinking about setting up a special needs trust for my son, who has a developmental disability. Will it mean a lot more work for my daughter, who will be handling my estate?

It’s a fair question, and one we hear a lot. No one ever asks: “could you please give us the most complicated estate plan possible?” Just about everyone wants things as simple as they can be.

When you think about providing an inheritance for your child — or anyone, for that matter — with a disability, there are some realities you just have to deal with. Those realities almost always lead to the same conclusion: a special needs trust is probably the right answer. There are a number of answers to the “can’t we keep it simpler?” question:

In most cases there’s going to be a trust, whether you set it up or not. If you leave money outright to a person with special needs, someone is probably going to have to transfer that inheritance to a trust in order to allow them to continue to receive public benefits. The trust set up after your death will be what’s called a “first-party” (or “self-settled”) trust, and the rules governing its use will be more restrictive. There will also have to be a “pay-back” provision for state Medicaid benefits when your son dies — so you will lose control over who receives the money you could have set aside. Even if no trust is set up, there is a high likelihood that your son will (because of his disability) require appointment of a guardian. The cost, loss of family control and interference by the legal system will consume a significant part of the inheritance you leave and frustrate those who are caring for your son. If you prepare a special needs trust now it sidesteps those limitations.

The trust you set up will not be that complicated to manage. People often overestimate the difficulty of handling a trust. Yes, there are tax returns to file, and possible accounting requirements. Neither is that complicated; neither is anywhere near as expensive as the likely costs of not creating a special needs trust. In any event, your daughter can hire experts to handle anything that she finds difficult. There are lawyers, accountants, care managers and even trust administrators who can take care of the heavy lifting for your daughter — or whomever you name as trustee. The costs can be paid out of the trust itself, so she will not be using her portion of the inheritance you leave, or her own money. Yes, they add an expense — but they can actually help improve the quality of life for both your daughter the trustee and your son with a disability.

Your daughter does not have to be the trustee at all. We frequently counsel clients to name someone else — a bank trust department, a trusted professional, or a different family member — as trustee. That lets your daughter take the role in your son’s life that she’s really better suited for: sister. If it is right for your circumstance, you might even consider naming her as “trust protector.” That could allow her, for instance, to receive trust accountings and follow up with the trustee, or even to change trustees if the named trustee is unresponsive, or too expensive, or just annoying. Trusts are wonderfully flexible planning devices — but that does mean you have to do the planning.

If your son’s condition improves, or he no longer requires public benefits, the trust can accommodate those changes. Depending on your son’s actual condition and the availability of other resources, you might reasonably hope that he will not need a special needs trust — or at least might not need one for the rest of his life. The good news: your special needs trust will be flexible enough to allow for the use of his inheritance as if there were no special needs. The bad news: that is only true if you set up the trust terms yourself — the trust that will be created for him if you do not plan will not have that flexibility.

Simply disinheriting your son probably is not a good plan. Sometimes clients express concern about the costs and what they perceive as complicated administrative and eligibility issues and they decide to just leave everything to the children who do not have disabilities. “My daughter will understand that she has to take care of my son,” clients tell us. That’s fine, and it might well work. But do you feel the same way about your daughter’s husband? What about the grandkids and step-grandkids who would inherit “your” money if both your daughter and her husband were to die before your son (the one with the disability)? What about the possibility of divorce or creditors’ claims against your daughter, or even bankruptcy? Most of our clients quickly recognize that disinheriting the child with a disability is not really a good planning technique.

But who knows what the public benefits system, the medical care available, or my son’s condition might look like twenty years from now? Indeed. That’s exactly why the trust is so important.

What does that mean for your planning? If you have a child, spouse or other family member with special needs — OR if you have a loved one who may have special needs in the future — your plan should include an appropriate trust. The cost is relatively small, and the benefits are significant. In fact, the cost of not doing anything is probably higher – and the opportunity loss from failing to plan is especially high. While doing special needs planning the right way necessarily involves going to a lawyer, it’s relatively easy to find one who specializes in this area of law.

 

Learn more about special needs planning by clicking here.


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What Happens to a Medicaid Recipient if the Health Spouse Dies First in Michigan? http://www.seonewswire.net/2014/12/what-happens-to-a-medicaid-recipient-if-the-health-spouse-dies-first-in-michigan/ Mon, 01 Dec 2014 20:50:26 +0000 http://www.seonewswire.net/2014/12/what-happens-to-a-medicaid-recipient-if-the-health-spouse-dies-first-in-michigan/ Many of my Medicaid clients are married couples, where one spouse will be in the nursing home (called the “institutionalized spouse”) and one spouse, healthier, and living at home (called the “community spouse”). When applying for Michigan Nursing Home Medicaid

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Many of my Medicaid clients are married couples, where one spouse will be in the nursing home (called the “institutionalized spouse”) and one spouse, healthier, and living at home (called the “community spouse”).

When applying for Michigan Nursing Home Medicaid for a married couple, special planning needs to be done to protect the assets from nursing home or Medicaid spend down so that the community spouse is not completely impoverished.

Michigan Medicaid Asset Protection for Married Couples

Our elder law office with locations in Brighton, Bloomfield Hills, Livonia and Novi regularly protects almost all the assets for that community spouse and gets the spouse in the nursing qualified for Medicaid,  even if the family has $100k, $250k or more in assets.

But that’s just the first step of getting Medicaid qualified.

What happens if the community spouse, the “healthy” one, passes away first?

In Michigan, when one spouse is in a nursing home and applying for Medicaid, planning has to take into account the possibility that the spouse who is not in the nursing home may pass away first. This is because the community spouse’s death may make the spouse in the nursing home ineligible for Medicaid if proper legal planning is not done to ensure this doesn’t happen.

In order to qualify for Medicaid, a nursing home resident can have only a $2,000 in assets. However, if that community spouse passes away first and leaves those assets to the nursing home resident, the resident suddenly would be over Medicaid’s asset limit.  That’s a problem

Protection Against Loss of Medicaid Benefits

To protect against the lost of Medicaid benefits by the the community spouse passing away first, the community spouse should update their estate plan with a certified elder law attorney well versed in Medicaid planning and elder law.

That estate plan in our office would involve updating the will and trust, so as to provide for the spouse in the nursing home with a supplemental needs trust if necessary, then when the spouse in the nursing home passes away, the assets would flow to the kids or other beneficiaries.  The net effect is continuing the Medicaid benefits for the nursing home spouse, having a pot of resources to pay for additional services or care to improve quality of life, then the remaining assets going to the other beneficiaries upon death.

Expert Guidance from a Certified Elder Law Attorney

It’s important to seek out advice from a CELA (Certified Elder Law Attorney).  Any attorney can say they do elder law, only a Certified Elder Law Attorney has proven they are experts in elder law.

If you’d like help with your family’s Michigan Medicaid qualification needs, give us a call at (888) 390-4360, we serve families in Livingston, Oakland, Wayne and Macomb counties from our elder law attorney offices in Brighton, Livonia, Novi and Bloomfield Hills.

Click here to learn more: Michigan Medicaid Planning

The post What Happens to a Medicaid Recipient if the Health Spouse Dies First in Michigan? appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

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Massive Changes to Medicaid Planning in Michigan For Married Couples using Sole Benefit Trusts http://www.seonewswire.net/2014/08/massive-changes-to-medicaid-planning-in-michigan-for-married-couples-using-sole-benefit-trusts-2/ Wed, 20 Aug 2014 22:46:19 +0000 http://www.seonewswire.net/2014/08/massive-changes-to-medicaid-planning-in-michigan-for-married-couples-using-sole-benefit-trusts-2/ Today, the Department of Human Services made huge sweeping, unforeseen changes to Medicaid planning for Michigan married couples with their change in analysis of the Sole Benefit Trust and how it fits into the asset calculation. According to a communication

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Today, the Department of Human Services made huge sweeping, unforeseen changes to Medicaid planning for Michigan married couples with their change in analysis of the Sole Benefit Trust and how it fits into the asset calculation.

According to a communication from Terrence M. Beurer, Director, Field Operations Administration, all SBO Trust assets are deemed countable pursuant to BEM 401, page 11 regarding Medicaid irrevocable trusts, which states:

Count as the person’s countable asset the value of the countable assets in the trust principal if there is any condition under which the principal could be paid to or on behalf of the person from an irrevocable trust.

This is a huge and disturbing change of policy with zero warning.

This effects married couples where one spouse is health and one spouse is in a nursing home.  As a Certified Elder Law Attorney, we have other planning strategies that are available to protect the assets, however, for Michigan married couples who have SBO Trust currently in process with DHS looking to protect their assets from nursing home spend down, this will be a huge problem and will most likely result in a bunch of denials.

 

The post Massive Changes to Medicaid Planning in Michigan For Married Couples using Sole Benefit Trusts appeared first on Elder Care Firm.

The post Massive Changes to Medicaid Planning in Michigan For Married Couples using Sole Benefit Trusts first appeared on SEONewsWire.net.]]>
Massive Changes to Medicaid Planning in Michigan For Married Couples using Sole Benefit Trusts http://www.seonewswire.net/2014/08/massive-changes-to-medicaid-planning-in-michigan-for-married-couples-using-sole-benefit-trusts/ Wed, 20 Aug 2014 22:46:19 +0000 http://www.seonewswire.net/2014/08/massive-changes-to-medicaid-planning-in-michigan-for-married-couples-using-sole-benefit-trusts/ Today, the Department of Human Services made huge sweeping, unforeseen changes to Medicaid planning for Michigan married couples with their change in analysis of the Sole Benefit Trust and how it fits into the asset calculation. According to a communication

The post Massive Changes to Medicaid Planning in Michigan For Married Couples using Sole Benefit Trusts first appeared on SEONewsWire.net.]]>
Today, the Department of Human Services made huge sweeping, unforeseen changes to Medicaid planning for Michigan married couples with their change in analysis of the Sole Benefit Trust and how it fits into the asset calculation.

According to a communication from Terrence M. Beurer, Director, Field Operations Administration, all SBO Trust assets are deemed countable pursuant to BEM 401, page 11 regarding Medicaid irrevocable trusts, which states:

Count as the person’s countable asset the value of the countable assets in the trust principal if there is any condition under which the principal could be paid to or on behalf of the person from an irrevocable trust.

This is a huge and disturbing change of policy with zero warning.

This effects married couples where one spouse is health and one spouse is in a nursing home.  As a Certified Elder Law Attorney, we have other planning strategies that are available to protect the assets, however, for Michigan married couples who have SBO Trust currently in process with DHS looking to protect their assets from nursing home spend down, this will be a huge problem and will most likely result in a bunch of denials.

 

The post Massive Changes to Medicaid Planning in Michigan For Married Couples using Sole Benefit Trusts first appeared on SEONewsWire.net.]]>
Brighton Michigan Elder Law Attorney http://www.seonewswire.net/2014/04/brighton-michigan-elder-law-attorney-2/ Fri, 04 Apr 2014 22:10:16 +0000 http://www.seonewswire.net/2014/04/brighton-michigan-elder-law-attorney-2/ Brighton’s only Certified Elder Law Attorney As the only Certified Elder Law Attorney in Brighton, Michigan, I’m excited to be at the Livingston County Caregiver Fair on Saturday April 5th, 2014.  The Livingston County Caregiver Fair will be held at

The post Brighton Michigan Elder Law Attorney first appeared on SEONewsWire.net.]]>

Brighton’s only Certified Elder Law Attorney

As the only Certified Elder Law Attorney in Brighton, Michigan, I’m excited to be at the Livingston County Caregiver Fair on Saturday April 5th, 2014.  The Livingston County Caregiver Fair will be held at Brighton High School, 7878 Brighton Rd., Brighton, MI 48116.

The Livingston County Consortium on Aging is one of the sponsors, with over 60 exhibitors providing information on transportation, nutrition, medical, financial assistance, home safety, respite, and home care.

There are many attorneys that say they do elder law, however there are only 15 Certified Elder Law Attorneys (CELA) in Michigan.  The CELA designation is the gold standard in elder law.  Before you hire a Brighton elder care lawyer to help your family with VA Benefits, Aid & Attendance, Medicaid planning or just navigating the long-term care maze for your family, make sure to check out their credentials.

Are they a Certified Elder Law Attorney?

Only a Certified Elder Law Attorney has been peer reviewed, shown the requisite amount of experience, and demonstrated that knowledge by passing an exam on 12 different topics of elder law.

Certified Elder Law Attorneys have specialized knowledge to help seniors, veterans, and their families navigate the long-term care legal maze.  For example, in our office we have unique legal planning strategies to help our clients qualify for the VA Benefit even when the Department of Veterans Affairs say that the veteran or surviving spouse may not qualify.

I help families through the special use of trusts and other legal documents to protect and shelter resources against the catastrophic cost of long-term care.

If you are a senior, veteran of have a loved one who is concerned about the cost of long-term care and has questions on how to qualify for the VA Benefit or Medicaid, give our office a call and we’ll be happy to assist you.  You deserve the best representation possible, and there is only one Certified Elder Law Attorney serving families in Brighton Michigan.

The post Brighton Michigan Elder Law Attorney appeared first on Elder Care Firm.

The post Brighton Michigan Elder Law Attorney first appeared on SEONewsWire.net.]]>
Brighton Michigan Elder Law Attorney http://www.seonewswire.net/2014/04/brighton-michigan-elder-law-attorney/ Fri, 04 Apr 2014 22:10:16 +0000 http://www.seonewswire.net/2014/04/brighton-michigan-elder-law-attorney/ Brighton’s only Certified Elder Law Attorney As the only Certified Elder Law Attorney in Brighton, Michigan, I’m excited to be at the Livingston County Caregiver Fair on Saturday April 5th, 2014.  The Livingston County Caregiver Fair will be held at

The post Brighton Michigan Elder Law Attorney first appeared on SEONewsWire.net.]]>

Brighton’s only Certified Elder Law Attorney

As the only Certified Elder Law Attorney in Brighton, Michigan, I’m excited to be at the Livingston County Caregiver Fair on Saturday April 5th, 2014.  The Livingston County Caregiver Fair will be held at Brighton High School, 7878 Brighton Rd., Brighton, MI 48116.

The Livingston County Consortium on Aging is one of the sponsors, with over 60 exhibitors providing information on transportation, nutrition, medical, financial assistance, home safety, respite, and home care.

There are many attorneys that say they do elder law, however there are only 15 Certified Elder Law Attorneys (CELA) in Michigan.  The CELA designation is the gold standard in elder law.  Before you hire a Brighton elder care lawyer to help your family with VA Benefits, Aid & Attendance, Medicaid planning or just navigating the long-term care maze for your family, make sure to check out their credentials.

Are they a Certified Elder Law Attorney?

Only a Certified Elder Law Attorney has been peer reviewed, shown the requisite amount of experience, and demonstrated that knowledge by passing an exam on 12 different topics of elder law.

Certified Elder Law Attorneys have specialized knowledge to help seniors, veterans, and their families navigate the long-term care legal maze.  For example, in our office we have unique legal planning strategies to help our clients qualify for the VA Benefit even when the Department of Veterans Affairs say that the veteran or surviving spouse may not qualify.

I help families through the special use of trusts and other legal documents to protect and shelter resources against the catastrophic cost of long-term care.

If you are a senior, veteran of have a loved one who is concerned about the cost of long-term care and has questions on how to qualify for the VA Benefit or Medicaid, give our office a call and we’ll be happy to assist you.  You deserve the best representation possible, and there is only one Certified Elder Law Attorney serving families in Brighton Michigan.

Christopher J. Berry is a Michigan elder law attorney Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.theeldercarefirm.com/ or call 248.481.4000

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Elder Care Chat | Six Ways to Pay for Long-term Care Costs http://www.seonewswire.net/2013/06/elder-care-chat-six-ways-to-pay-for-long-term-care-costs/ Tue, 18 Jun 2013 01:43:37 +0000 http://www.seonewswire.net/2013/06/elder-care-chat-six-ways-to-pay-for-long-term-care-costs/ The Elder Care Chat | Six Ways to Pay for Long-term Care Costs.  June 24th, 2013 at 2pm.   Michigan Certified Elder Law Attorney, Christopher J. Berry, JD, VA Accredited, will host The Elder Care Chat where he will cover

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The Elder Care Chat | Six Ways to Pay for Long-term Care Costs.  June 24th, 2013 at 2pm.

 

Michigan Certified Elder Law Attorney, Christopher J. Berry, JD, VA Accredited, will host The Elder Care Chat where he will cover the Six Ways to Pay for Long-Term Care Costs.

The call can be access as follows:

Title: The Elder Care Chat 6.24.13
Time: Monday, June 24th at 2:00pm Eastern
Listening method: Phone + Web Simulcast
Phone number: (206) 402-0100
PIN Code: 670087#

To attend via the web, visit:
http://InstantTeleseminar.com/?eventID=42786354

The Elder Care Chat, is a weekly teleseminar that occurs Monday at 2pm where Christopher J. Berry, CELA, one of the premier Elder Law Attorneys in the nation, chats about various topics in Elder Care for the benefit of those in need of elder care services, such as caregivers and their loved ones needing care, and those who provide elder care services, such as home care providers, social workers, elder care communities and other senior service professionals.

In addition to VA Accredited, Certified Elder Law Attorney, Adjunct Professor, Author, Christopher J. Berry, J.D., there will occasionally be other experts featured in elder care for the benefit of those who are caregivers, concerned about elder care for themselves or provide services to those who are in need of elder care services.

The Format of the chat is that Certified Elder Law Attorney, Christopher J. Berry will speak on a topic for 10-20 minutes relevant to The Elder Care Journey and elder law. After that, he will then open it up to questions. Keep in mind, the chat is recoded every week, so do not ask any personal questions you do not want to be heard and replayed.

The chat will be less than 30 minutes, and will be every Monday at 2pm Eastern. This will be the cheapest time you’ll ever spend with an attorney!

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