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)
ABLE Accounts
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education, American Academy of Estate Planning Attorneys, Inc. This is the third article in a series. The first article focused on the use of UTMA / UGMA accounts. The second article focused on 529 plans. This third article focuses on ABLE accounts. ABLE accounts are like Section 529 plans. But, while 529 plans are for education expenses, ABLE accounts (under Section 529A) are for qualified disability expenses. While a 529 … [Read more...] about ABLE Accounts
Medi-Cal and Crowdfunding – Why Crowdfunding May Cost You Medi-Cal Eligibility
by Magdalena A. LaBranch-Gonzales Litherland, Kennedy & Associates, APC, Attorneys at Law Crowdfunding or fundraising websites, such as Kickstarter, YouCaring, and GoFundMe[i], are quickly becoming a popular source for donations where ordinary people may raise money from others for anything from new inventions to helping a neighbor or family member in need. Over time, crowdfunding has morphed into a platform to request finances for anything. The most significant increase may be the … [Read more...] about Medi-Cal and Crowdfunding – Why Crowdfunding May Cost You Medi-Cal Eligibility
Good News for those interested in Medi-Cal Eligibility who have 529 Education Accounts
by Justin M. Kennedy Litherland, Kennedy & Associates, APC, Attorneys at Law Effective January 1, 2019 the principal and interest of 529 education accounts (college savings plans) are exempt assets for Medi-Cal eligibility purposes (AB 1785). Let’s look at an example: Ten years ago, Margaret set up 529 education accounts for each of her four grandchildren and each year Margaret deposited $5,000 per grandchild into the 529 education accounts. Currently, these 529 education accounts … [Read more...] about Good News for those interested in Medi-Cal Eligibility who have 529 Education Accounts
Medi-Cal and Disaster Payments
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
QDRO: Not Just for Divorce Anymore
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education, American Academy of Estate Planning Attorneys, Inc. Transferring an ERISA account, like a 401(k), from one spouse to another can have substantial tax benefits, by delaying Required Minimum Distributions or avoiding early withdrawal penalties. However, one cannot simply transfer an account from one spouse to another under most circumstances without triggering adverse tax consequences. A Qualified Domestic Relations … [Read more...] about QDRO: Not Just for Divorce Anymore
Medi-Cal Planning and the Family Home
by Justin M. Kennedy, Attorney at Law Litherland, Kennedy & Associates, APC, Attorneys at Law Recently I met with Dorothy and her only daughter Linda. Dorothy was recently hospitalized and may require skilled nursing care in the near future and they were concerned with how they would pay for that level of care. Our office has found that in Santa Clara County a skilled nursing facility costs approximately $8,000 to $16,000 a month. Dorothy has a family home valued at $1,200,000 but $100,000 … [Read more...] about Medi-Cal Planning and the Family Home
New Asset Transfer Look-Back for VA Aid & Attendance Coming Soon: The Window of Opportunity is Closing Quickly!
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education, American Academy of Estate Planning Attorneys, Inc. The Veteran’s Administration is beginning asset limits for qualification for the Aid & Attendance benefit. The limit goes into effect on October 18, 2018. If transfers are made prior to October 18, 2018, they will escape penalties on the transfer and the applicant would qualify. Read on for more information on this unique opportunity. Background: The VA offers … [Read more...] about New Asset Transfer Look-Back for VA Aid & Attendance Coming Soon: The Window of Opportunity is Closing Quickly!
Incapacity Planning
Blog Author: Stephen C. Hartnett, J.D., LL.M. (Tax), Director of Education, American Academy of Estate Planning Attorneys, Inc. People plan to die. We know it’s going to happen. Perhaps we have life insurance to cover our financial responsibilities and care for our loved ones. We may have a Will to divvy up our assets at death. It’s usually not something we look forward to. But, we know it’s going to happen. But, we don’t expect to become incapacitated. Nobody wants to be unable to manage … [Read more...] about Incapacity Planning
Elder Law Today: Medi-Cal and the Deficit Reduction Act
by Justin M. Kennedy, Attorney at Law Litherland, Kennedy & Associates, APC, Attorneys at Law Recently I have worked with many clients who have expressed concerns about when California will implement the Deficit Reduction Act of 2005 (DRA). The DRA was signed into Federal law on February 8, 2006. The Federal government then told the individual states to update their Medicaid laws to conform with the DRA. Currently California has not yet implemented the changes that would bring Medi-Cal … [Read more...] about Elder Law Today: Medi-Cal and the Deficit Reduction Act
