Missouri Elder Legal Questions

Spend down to the $2000 limit during the month in which the money is received.  If your mother does not have an irrevocable prepaid funeral plan, she should buy one:  Medicaid rules specifically state that Medicaid can recover from her estate before the funeral is paid for.  There are likely things she can buy and services she can contract for to spend most of the rest.  If not, she can deposit funds in a 529 college fund for a child or grandchild and contribute to a special needs trust for someone on disability.  If she is receiving the funds this month, she can have a big Mother's Day celebration. ... Read More

Change the credit card, reporting the fraud to the company and to the Missouri Attorney General's Consumer Affaird Division.  If you son and his girlfriend will not leave when asked, change the locks when they are out, file a suit for eviction in small claims/jp court and hire the sheriff to evict them.  Report the exploitation to Adult Protective Services.... Read More

If the VA planning was done properly and not by some rip off artist (many selling such trusts and annuities are), your mother should not be ineligible for Medicaid.  You might want to show the actual documents to an elder lawyer and discuss her situation.  You can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

Many people forget that while we pay into Medicare and Social Security with every paycheck, none of us pays into Medicaid.  Medicaid is a loan from our fellow taxpayers.  Naturally, people from Maine to Hawaii, while willing to give you a loan to pay for your care, are not terribly interested in opening their wallets so that your son can have an inheritance.  We need to think of our legacies not just in financial terms but in terms both of what we havve already done for our children by raising them and in terms of the emotional and spiritual legacies we leave.... Read More

While Medicaid is a federal program, it is administered by the states.  Each state administers it a bit differently and has slightly different rules.  You might want to find a lawyer in your mother's state using the Find a Lawyer function of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

The probate process is intended to clear title to real property if someone leaves it in their name alone on their date of death.  In the scenario you have submitted, you will have left your daughter on the deed.  Assuming you have left her either as a joint tenant or a beneficiary deed then it is unlikely she will have to go to probate to clear title.  If however, she is put on as a tenant in common then it would have to go through probate to clear your interest.... Read More

The government cannot "take" the IRA or the investment account. However, your mother will not be eligible for Medicaid benefits until she has less than $1000. The question is, what is the correct way to get to less than $1000? Any transfers of assets for less than fair market value, a.k.a. gifts, will be subject to a five-year look back period. A penalty will then be assessed against your mothers Medicaid eligibility. In other words, she will be in eligible for a number of months based on the amount that you transferred for less than fair market value. The greater the amount that was transferred, the longer the penalty period. However, as you referenced, the state cannot penalize transfers that it occurred prior to five years before applying for Medicaid vendor benefits. That is a basic description of what your up against. However, the best solution for your mom will be based on a number of factors. I would suggest that you speak with an elder law attorney in your area to find out the best options for your mom. Many, like myself, offer free consultations. Best of luck to you and your family.... Read More

I wish I could give you a short answer here and it sounds like you are aware of certain aspects of Medicaid planning like the 5 year look-back period.  However, I would need a lot more details to discuss what the best plan for your dad would be going forward.  I offer a free consultation and that can be done over the phone or in person. Again, I don't see any way to answer this question in just a couple of paragraphs or else I would at least attempt to.  Best of luck.... Read More

This seems like an inefficient strategy. She is already in a nursing home and paying out of pocket for the next year. I gather she is spending down liquud assets over the next year to be Medicaid eligible, correct?  Before I can answer, I might attempt to dissuade you based on the circumstances. I would suggest consulting with an elser law attorney to determine if this is really the best course of action.  I offer a free consultation but even if you had to pay someone to sit down, it would be worthwhile.... Read More

Perhaps.  You might be able to save most of the equity in the house, if not the house itself.  By the way, it is not "Medicare" but "Medicaid/MO FSD" that does estate recovery.  I would be happy to go into greater detail with you to present a few options.  I believe that this links to my phone number.... Read More

The short answer is "Maybe not." It depends on what your goals are and what issues you are facing at any given time.  "Regular" estate planning with a trust focuses primarily on distributing your assets according to your wishes at your death and avoiding probate. An elder law attorney can inform you of issues that you may not have even considered, like long-term care planning (nursing home planning), for instance.  ... Read More

That is a possibility, but steps can be taken to prevent this from happening.  At some point, it is possible for the State to look at mom's residence as an available asset rather than as her "homestead" which is currently exempt.  Once the home is considered "available" and loses its homestead exemption, it will have to be sold and the money from the sale spent down in order for her to maintain eligibility.   As I said above, this certainly does not have to happen.  The house can be saved and steps can also be taken to save most of her remaining savings.  I would be happy to speak with you about your options.... Read More