Matthew T Stillman’s Answers

Matthew T Stillman

New Haven Administrative Law Lawyer.

Contributor Level 7
  1. If a mother on medicaid goes into a nursing home and the house she owns is sold, can disabled daughter receive house proceeds?

    Answered over 2 years ago.

    1. Matthew T Stillman
    2. Brian S Wayson
    3. Diane Beth Weinberg
    3 lawyer answers

    In Connecticut, the transfer of the house to the disabled daughter would be considered a "non penalizing" transfer if the mother gives the house directly to the daughter. In our state (and all state's medicaid laws are different, so please check yours), a transfer to a disabled child is exempt from penalty under UPM 3029.10. However, if the daughter's been caring for the mother for two (2) years, and has prevented her hospitalization/institutionalization, then in CT, the house can also be...

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  2. If I sign a power of attorney for my mother who is in the nursing home, will I than be responable for her bills?

    Answered about 2 years ago.

    1. Matthew T Stillman
    2. Roman Aminov
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    IRS or Social Security? the Social Security Administration (SSA) monitors the payments of Social Security checks, not the IRS. Sounds to me like the nursing home wants you to assign, via POA, your mother's social security checks to them via being the "Representative Payee" for social security. The SSA doesn't accept POA's; they require that the principle complete a form so the principle assigns the rights to collect the funds to a 3rd party, known as representative payee. Many nursing...

    2 lawyers agreed with this answer

  3. Why can't my Mom keep a full $14250 in assets?

    Answered about 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Matthew T Stillman
    3. Scott D Rosenberg
    3 lawyer answers

    You can't keep it because in CT, if you have more than $1,600, you're ineligible for Medicaid coverage. In NY, I believe that amount is $2,000. As other counsel have noted, this is why Elder Law professionals (not just attorneys but ELDER LAW attorneys are needed at the start, middle, and end of Medicaid applications. Have you utilized all the non countable assets exceptions? Allowable transfers? Go to the CT Naela (CT chapter of National Association of Elder Law Attorneys) website, and...

    2 lawyers agreed with this answer

  4. Can the elderly gift money at Christmas to their family? how does the look back window work?

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. Kenneth Lee LaBore
    3. Matthew T Stillman
    4. Barry Franklin Poulson
    4 lawyer answers

    The state allows one to retain a minimum amount of money if one applies for Title XIX. If one is already approved for Title XIX, a recipient may give gifts out of the amount that remains. Otherwise, all gifts within a 5 year period of the date of the application (period otherwise known as "lookback period") are subject to scrutiny by the agency that administers Medicaid... EVERY GIFT. As to the direct answer for your question, there is a minimal threshold within each state which the state...

    3 lawyers agreed with this answer

  5. Have been consulting with a elder law lawyer and now out of the blue is asking for a $8500 retainer fee. I find this high $$.

    Answered over 1 year ago.

    1. William J Lasko
    2. Eric Jerome Gold
    3. Matthew T Stillman
    4. Richard Scott Stewart
    4 lawyer answers

    Although this seems high, the national average cost of hiring an Elder Law attorney is one month's nursing home care, which in Connecticut is over $10,000. So, $8500 as a rate is not overly exorbitant. Is this a one time, non refundable fee or is it a fee which is a refundable retainer against an hourly rate? More information is needed. As an example, if an attorney charges hourly against an upfront retainer and the funds aren't used up, the client's family may get the refunded money....

    1 lawyer agreed with this answer

  6. Can I contest my Mothers Will in the Sate of Ct. If the origanal will had my name as heirs but the second dosn't

    Answered over 2 years ago.

    1. Matthew T Stillman
    2. Scott D Rosenberg
    3. Dorothy G Bunce
    4. Steven M Zelinger
    4 lawyer answers

    The first answer as to whether a child can contest a parent's will is, Yes. However, the better question might be should I contest my parent's Will. As other counsel have detailed, a Will in Connecticut is a fluid document that can essentially be changed right up to the parent's death. Will contests are rarely successful, and expensive for both the contesting individual and the estate. However, the estate generally uses the estate funds to pay for the litigation, the contesting individual...

    1 lawyer agreed with this answer

  7. If we add life estate for Mom who lives in our home, is lookback period 1 or 5 yrs? Can we charge her rent & expenses?

    Answered over 2 years ago.

    1. David L. Carrier
    2. Scott D Rosenberg
    3. Herbert Warren Cooper IV
    4. Jennifer A Deland
    5. Matthew T Stillman
    5 lawyer answers

    Respectfully, why even give her a life estate? if she lives in an in law apt, and a lease exists, your can charge her for rent and a share of the joint utilities. She won't argue with you over the payments and if the checks are made directly to the utilities, the state medicaid agency probably won't object. As she will be living with you at the address (hopefully, until the time of her death), then you'll be able to claim it as part of her estate, and then get a step up in the basis under...

    1 lawyer agreed with this answer

  8. Father removed from his house in San Diego, home is locked, condemned. What will happen to his mortgage?

    Answered about 2 years ago.

    1. Matthew T Stillman
    2. Rosemary Jane Meagher-Leonard
    2 lawyer answers

    1st, you need a local lawyer. then 2nd, you need a lawyer. So, respectfully PLEASE GO FIND LOCAL COUNSEL. You cannot do this by yourself. As to the home, without having seen any of the loan agreements, I'm sure there's some provision in the loan agreement(s) that if the property is condemned, the loan becomes due. I'm sure once notified, the loan company will begin foreclosure proceedings, regardless whether monthly payments are being made. If he has a small pension and social...

    2 lawyers agreed with this answer

  9. Can my father gift me money before entering a m nursing home?

    Answered over 2 years ago.

    1. Steven J. Fromm
    2. Sarah W Peterson
    3. Nancy K. Busch
    4. Kevin W. Davidson
    5. Paul A. Smolinski
    6. ···
    6 lawyer answers

    As the other learned counsel before me have noted, you father cannot gift money to you lest it be considered a disqualifying/penalizing transfer. However, your father can pay you money as compensation for services rendered if you provide assistance to him. You can have an Elder Law draft a caregiver agreement whereby services are provided and compensation is issued. Said payments are not considered gifts (because they consideration for services rendered...). You must have an agreement in...

    2 lawyers agreed with this answer

  10. Does a NY power of attorney need to be recorded?

    Answered over 2 years ago.

    1. Scott D Rosenberg
    2. Matthew T Stillman
    3. Thomas F. O'Connell
    3 lawyer answers

    My immediate answer is "NO", your father's POA does not need to be recorded. A POA is a document that lets an agent act on behalf of a principal. The only reason in Connecticut (that I can think of offhand) to record a POA is that a real estate transaction in where the POA signs for the agent, needs to be recorded for chain of title. If there's no real estate transactions, then generally the POA will not need to be recorded...