Medi-Cal is the California implementation of the Federal Medicaid Program. In this vlog, attorney Justin M. Kennedy discusses the home and the role a Family Discretionary Trust can play with regard to Medi-Cal planning and qualification. Litherland, Kennedy & Associates, APC, Attorneys at Law are members of the American Academy of Estate Planning Attorneys. If you would like to learn more about the importance of estate planning, we invite you to attend one of our free estate planning … [Read more...] about The Family Home, Medi-Cal Planning and Family Discretionary Trusts (VIDEO)
by Justin M. Kennedy Litherland, Kennedy & Associates, APC, Attorneys at Law What if a fire or other natural disaster hit your home or a loved one’s home? Could this result in Medi-Cal disqualification? Let’s discuss. The home of the Medi-Cal recipient is an exempt asset, meaning the recipient may keep their home while receiving Medi-Cal. If the home is sold, the proceeds from the sale could result in Medi-Cal disqualification. But what if that home rather than being sold, … [Read more...] about Medi-Cal and Disaster Payments
I was recently asked an in-depth question regarding a spouse qualifying for VA benefits. I thought this topic would be of interest to those who read my blog. Summary of question: My mother recently placed my father in a nursing home due to his dementia, which has proved to be a huge financial burden. However, my mother is not eligible for Veteran's Aid since she has a sizable IRA account and, therefore does not qualify for aid. If she converts her IRA account to an annuity, she could qualify … [Read more...] about Veteran’s Administration Special Pension Programs
I was recently asked the above question and wanted to share the answer on my blog. First, we need some clarification. Many people receive MEDICARE, but a person’s assets and income are irrelevant for qualifying for MEDICARE. And there is no recovery for benefits received through the MEDICARE system. So if your parent(s) are only receiving MEDICARE, there are no issues or concerns. On the other hand, MEDI-CAL is a means based program. The applicant’s financial means are examined in order to … [Read more...] about Can the Government Go After Assets in a Trust to Recover Medicare or Medi-Cal Benefits?
When it comes to issues of Medi-Cal and the primary residence, there are two situations which need to be considered, qualification to receive Medi-Cal benefits and Medi-Cal recovery against the home after a person has died. Qualification Although there are several situations which can result in the home being considered exempt for purposes of qualifying to receive Medi-Cal benefits, all of which are set forth in Cal Code Regs. Tit. 22 §50425, there is one exemption which normally makes all the … [Read more...] about Medi-Cal Qualification-Home Sweet Home