My wife recently inherited a large estate. We have been married over 20 years. She recently filed for divorce. She says the money is separate property and she has placed it in a separate account. We have lots of joint debt and a home. Is she correct?

Great question. Inheritances are generally considered separate property. Sometimes separate property is considered when awarding alimony. For example, if she was otherwise entitled to alimony, the Judge should consider an inheritance to the extent that it could limit or eliminate the need for alimony. There are only limited circumstances in which a Judge would invade… Read More »

My brother was my father’s primary caregiver for more than five years. He lived with our father in our childhood home until Dad passed away and still lives there now, by himself. I have three other siblings who have been talking about selling Dad’s home and dividing the proceeds equally among the children. Does my brother, who cared for my dad and lives in the home, have any rights to stay in the house, or will he be subject to the majority desire of our siblings?

What can he do to avoid being “kicked to the curb”? It depends on how the house is owned. Sometimes parents will add a child’s name to the house by quit claim deed (not recommended for lots of reasons). If your brother’s name was added to the house, he owns it and has the right… Read More »

My wife was diagnosed with advanced dementia and her doctors are telling me that she needs 24/7 health care, probably in a nursing home. If she moves to a nursing home, will I lose my home and my life savings?

This is a very good question and we work with people every day who are worried about losing their life savings because of high long-term care costs.  First, make sure to look at all other options as far as where she is receiving care. For example, an assisted living community may be less costly and… Read More »

I have three teenage daughters. My 14-year old has a disability and she receives government benefits. I have heard about something called a “special needs trust” and was wondering if you can explain how it works.

This is a really important question and it’s good that you are asking about it early.  Good planning can make a huge difference in your daughter’s life, as well as helping your other children who may be left with the responsibility for caregiving (on top of their own careers and caring for their own families)…. Read More »

My mom recently entered a nursing home. We are trying to qualify her for Medicaid on our own. Should Mom and Dad deed the house to me?

NO! Don’t do it!  We regularly help families qualify for Medicaid without having to spend or give away all of their assets. There is a lot of confusion out there about what you can and can’t do – many families mean well but don’t understand the Medicaid rules. There is nothing worse than to see… Read More »

My mother died in a nursing home in late 2016 while receiving Medicaid. She owned nothing at her death except for her condominium, which my sister and I paid to upkeep while she was in the nursing home. She has an old Will leaving everything to my sister and me. The State of Michigan recently contacted me with a bill for her nursing home care. Can they make me pay the bill?

What you are referring to is called “estate recovery”.  Under Medicaid law, following the death of the Medicaid recipient, the State must attempt to recover money paid for the Medicaid recipient’s (in this case your mother’s) care.  So, the short answer is “yes”, under the estate recovery rules the State does have the right to… Read More »

My 84 year-old mother just returned from the hospital and is unable to stand, walk or dress herself. My siblings and I take turns taking care of her 24/7 in her home. In the long run this is not safe nor can it continue because we have jobs, our own homes, etc. My father died recently and he was a Veteran, and my mother also has about $105,000 in the bank. What are our options?

Your main goal should be to get the best possible care for your mother, whether at home or outside the home. Home care 24/7 is very expensive, likely even more costly than having her move to assisted living or a nursing home. Because your mother was married to a Veteran, she may be eligible for… Read More »

My father and mother owned a home for over thirty years. My father died two years ago and my mother is in the nursing home. Can the State take her home after she dies?

If your mother’s care is being paid for by Medicaid, then the answer is “yes”, the State may request reimbursement against your mother’s home after she dies. This is because of a law known as “Estate Recovery”.  Estate Recovery means that the State may seek reimbursement from your mother’s estate for the money the State… Read More »

We will be moving my father into a nursing home in February. The cost of the nursing home is about $7,500 per month. I have heard there are ways to “spend down” his assets and then apply for Medicaid for his nursing home care. Is that true?

Yes, there are legal ways to do “Medicaid planning” and spend down your father’s assets.  For example, you may be able to buy a car, or you may pay for anything else if it benefits your father.  To name a few (there are more), you can buy clothing, furnishings, entertainment, a prepaid funeral contract, extra… Read More »

My husband has dementia and he recently fell and broke his hip. The doctors say he needs 24/7 care. We have a home and some modest savings, and he has a large IRA that he rolled over from work when he retired. Can you let me know what my options are if he is in a nursing home?

You have some good options.  Two major things you should know:  (1) we can protect your home and savings; and (2) there is a recent change in the Medicaid rules that allows specific protections for IRAs.  This type of legal planning is complicated, but when done properly you can protect all of your family’s assets… Read More »