Wills, Trusts, and Estates in Pennsylvaniamalvern pa elder law attorney » Wills, Trusts, and Estates in Pennsylvania

Elder Law & Medicaid: Protecting the Family Home

Douglas L. Kaune — Thu, 27 May 2010 12:48:21 +0000

Douglas Kaune, PA Elder Law Attorney

The Family Caregiver Exception is one opportunity available to protect the family home from nursing home spending. Generally, there is a 5 year ineligibility for Medicaid qualification that results from a transfer of the family residence to a child. However, there is no penalty for a transfer of a primary residence if a son or daughter lived with mom or dad for the two years preceding mom or dad moving to a nursing home. Further, the child must prove that he or she provided care that allowed them to stay at home and prevented mom or dad from going to a nursing home during that two year period.

I recently answered a question posed by a reader on AVVO regarding this family caregiver exception and thought you might like to take a look at that commentary here. Here is the relevant federal statutory provision 42 U.S.C. §1396 p (C) (2)(A)(iv). This is an important provision and could provide significant economic protection if utilized properly.

Please feel free to contact Douglas L. Kaune, Esq. any time at 610-933-8069 or dkaune@utbf.com to discuss your particular Medicaid Asset Protection, Nursing Home or Elder law case to determine the appropriate planning for you and your family.
Wills * Trusts * Elder Law * Probate * Asset Protection * Power of Attorney * Estate Planning
Unruh, Turner, Burke & Frees, P.C. his a full service law firm with offices in Malvern, Phoenixville, West Chester and serving surrounding areas such as Royersford, King of Prussia, Wayne, Media, Paoli, Exton, Downingtown, Norristown and other towns in Chester County, Montgomery County, Delaware County, Bucks County, Berks County, Philadelphia County Pennsylvania (PA).

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Elder Law: Medicaid Asset Protection Trust Series

Douglas L. Kaune — Wed, 05 May 2010 13:12:29 +0000

Elder Law: Medicaid Asset Protection Trust Series. Many of our clients want to guard against losing large portions of or even their entire estate to the costs of long term nursing care. They recognize that the

Douglas Kaune, PA Elder Law Attorney

ever rising cost of nursing care coupled with increased life expectancies could result in significant expenditure of estate assets. Clients cite the desire to preserve assets, protect a spouse and pass an inheritance to their children as overriding rationale for Medicaid Asset Protection Planning (MAPP). As many know, the sooner you start planning, the greater the likelihood you will be able to protect significant assets.

During the planning process, we will typically suggest using one of the irrevocable trusts in our Medicaid Asset Protection Trust Series. The trusts can be written to be flexible but, unlike outright gifts, the gifts made to the irrevocable trust will be protected from the creditors, spending habits and divorce of the future beneficiaries. Please read this information on the use of the Medicaid Irrevocable Trust by a fellow elder law attorney in Virginia. The Pennsylvania Medicaid laws will apply in much the same way, but I thought it would be good for you to see that other attorneys in other states are employing similar strategies.

Please feel free to contact Douglas L. Kaune, Esq. any time at 610-933-8069 or dkaune@utbf.com to discuss your particular Medicaid Asset Protection, Nursing Home or Elder law case to determine the appropriate planning for you and your family.
Wills * Trusts * Elder Law * Probate * Asset Protection * Power of Attorney * Estate Planning
Unruh, Turner, Burke & Frees, P.C. has offices located in Malvern, Phoenixville, West Chester Offices also serving surrounding areas such as King of Prussia, Media, Kennett Square, Typical Counties Served: Chester County, Montgomery County, Delaware County, Bucks County, Berks County, Philadelphia County Pennsylvania (PA).

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Key Medicaid Figures For PA In 2010

Douglas L. Kaune — Fri, 16 Apr 2010 13:00:14 +0000

Douglas L. Kaune, Elder Law Attorney

It is important to keep up with the annual change Pennsylvania (PA) Medicaid Numbers. These key Medicaid figures help us to properly prepare Medicaid applications and to provide proper Elder Law advice to clients. Click this link to review the updated Medicaid numbers. They include, Community Spouse Resource Allowance (CSRA), Monthly Maintenance Needs Allowance, Average monthly cost of nursing home care in PA, Estate Recovery, Home Equity Limit, Medicaid Transfers and Ineligibility for Gifts. These figures and requirements change annually.

Wills * Trusts * Elder Law * Probate * Asset Protection * Power of Attorney * Estate Planning
Unruh, Turner, Burke & Frees, P.C. is a full service law firm with offices in Malvern, Phoenixville, West Chester also serving Collegeville, Royersford, Media, Spring City, Exton, Downingtown, Norristown, Chester County, Montgomery County, Delaware County, Bucks County, Berks County, Philadelphia County Pennsylvania (PA).

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PA Elder Law Case Update: Guardian/Son Held Liable For Medicaid Overpayment

Douglas L. Kaune — Mon, 29 Mar 2010 12:59:41 +0000

MALLOY v. DEPARTMENT OF PUBLIC WELFARE (No. 1575 C.D. 2009): A Memorandum Opinion was issued by a three-Judge panel of the Commonwealth Court reported unofficially. Read the facts of the case and unofficial reporting here. This case shows the Pennsylvania Department of Revenue’s (DPW) expanded attempts to recapture overpayment of Medicaid benefits. The DPW relied on the guardians intimate knowledge of the financial transactions, his signature on the Medicaid Application and the Medicaid application verbage that states among other things, “any person enriched as a result of a transfer of assets or income, which would have affected [the recipient's] eligibility, will be liable for repayment of those benefits issued incorrectly.” It further highlights just how imortant it is to have proper legal counsel through all phases of the Elder Law Planning and Medicaid application process.

Please feel free to contact Douglas L.
Kaune, Esq. any time at 610-933-8069 or dkaune@utbf.com to discuss your particular Medicaid Asset Protection, Nursing Home or Elder law case to determine the appropriate planning for you and your family.
Wills * Trusts * Elder Law * Probate * Asset Protection * Power of Attorney * Estate Planning
Malvern, Phoenixville, West Chester Offices serving Collegeville, Royersford, Media, Exton, Norristown, Chester County, Montgomery County, Delaware County, Bucks County, Berks County, Philadelphia County Pennsylvania (PA).

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Douglas Kaune, Esquire Attends 11th Annual PA Elder Law and Estate Planning Symposium

Douglas L. Kaune — Fri, 26 Feb 2010 13:00:00 +0000

Douglas Kaune, Estate Attorney

Wills * Trusts * Elder Law * Probate * Asset Protection * Power of Attorney * Estate Planning Douglas Kaune, Esquire Attends 11th Annual Pennsylvania (PA) Elder Law and Estate Planning Symposium. It is great to get an update regarding the law changes, new cases and politics that shape Elder Law, Estate Planning, Trust Planning and Probate. Here is a link to this Pennsylvania Bar Institute (PBI) course and the interesting topics covered. I will be providing much of the interesting information in upcoming Unruh, Turner, Burke & Frees Estate and Elder Law Blog postings.

Stay tuned for updated information on the following topics and more: 1. How to make sure joint accounts actually pass to the person you intend. 2. How to insure the tax clause in your last will actually confers tax lability on the correct beneficiary or your estate. 3. How to make use of annuities to protect assets in Medicaid and Nursing Home Planning. 4. How to take advantage of the Medicaid Gifting exceptions to allow assets to pass to certain loved ones and family members. 5. How to properly plan your estate in a second marriage or where there are children from different relationships. 6. Is a Special Needs Trust right for you or for a member of family, if so how can we make sure it properly protects assets and government benefits?

Please feel free to contact Douglas L. Kaune, Esq. any time at 610-933-8069 or dkaune@utbf.com to discuss your particular Estate Planning, Probate, Trust, Asset Protection or Elder law case to determine the appropriate steps for you and your family. Unruh, Truner, Burke & Frees, P.C. is a full service law firm with offices in Phoenixville, West Chester and Malvern and providing legal representation in the Chester County, Montgomery County, Delaware County, Bucks County, Berks County and Philadelphia County. Among the many towns served are Phoenixvile, Malvern, West Chester, Royersford, Collegeville and King of Prussia.

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