Martin Harvey Cohen’s Answers

Martin Harvey Cohen

Boynton Beach Elder Law Attorney.

Contributor Level 7
  1. How can we legally change the name on a deed to my mother's name if she is now incompetent?

    Answered almost 2 years ago.

    1. Martin Harvey Cohen
    2. James P. Frederick
    3. Matthew Erik Johnson
    4. Wallace Ray Nichols Jr.
    4 lawyer answers

    If you intend to file for Medicaid to pay for nursing home care or assisted living care, you should not transfer the title (assuming that you have a power of attorney that would grant you the power to make such a change). If you do, the Dept. of Children and Families will impose a penalty (waiting period) that would prevent your mother from being eligible for Medicaid for a period of time. On the other hand, your mother's home will be considered an exempt asset if she applies for Medicaid....

    8 lawyers agreed with this answer

  2. My elderly father-in-law wants to pay us a monthly amount for room, board and care . Is it considered taxable income for us?

    Answered about 2 years ago.

    1. Martin Harvey Cohen
    2. Jeffrey David Bohn
    3. Joseph Franklin Pippen Jr.
    4. John Talbot Nicholson
    4 lawyer answers

    Generally, these payments would be considered part of your gross income for federal income tax purposes (and you may have state income tax issues as well). You should explore ways to structure the arrangement in a manner that will minimize income tax. In addition, you should investigate the availability of VA benefits (if he is an eligible veteran) and/or Medicaid (Medi-Cal) to pay for his future care. I strongly recommend that you find a local Elder Law Attorney who is familiar with public...

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  3. Is wife responsible for medical bills after husband's death?

    Answered about 2 years ago.

    1. Martin Harvey Cohen
    2. Matthew R. Rheingans
    3. Jeff Tomberg
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    In Florida, the wife is not liable for the husband's medical bills unless she specifically guarantees those accounts. However, if there are assets titled in the name of the husband alone, such assets would have to go through probate upon his death and would be subject to the claims of creditors. There are at least two areas that should be explored carefully with an elder law attorney. The first is asset protection regarding the general creditor claims (medical expenses etc.) and the...

    5 lawyers agreed with this answer

  4. My dad passed away two years ago mom recently, if dads name as beneficery was never removed from any paper work does that change

    Answered about 2 years ago.

    1. Martin Harvey Cohen
    2. Francine Rae Martin
    3. Joseph L Morton III
    4. Joseph Franklin Pippen Jr.
    5. James P. Frederick
    5 lawyer answers

    From your message, you indicate that you are in Florida, and I will assume that your mother was a Florida resident when she passed away. You must first determine whether there was any property titled in your mother's name alone. Only property titled in your mother's name alone would be controlled by her will. In Florida, to pass title to such property, you must file estate administration generally in the county were your mother resided. Normally, a properly drafted last will and...

    5 lawyers agreed with this answer

  5. Is the rent paid to an immediate family member for an apartment exempt from medicaid look back rules?

    Answered over 1 year ago.

    1. Martin Harvey Cohen
    2. Lawrence A Friedman
    3. James Schuster
    3 lawyer answers

    A penalty (waiting period) is imposed based upon the amount of uncompensated transfers (gifts) that you make within 5 years before you apply for Medicaid nursing home services. Mr. Friedman makes a good point about paying rent to family members. However, the arrangment may be okay if the landlord does not owe the tenant a duty of support. At a minimum, you should document the arrangement with letters from realtors familiar with the fair rent for this type of property and a formal lease...

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  6. How many irrevocable trusts can you create in florida.

    Answered about 2 years ago.

    1. Martin Harvey Cohen
    2. Joseph Franklin Pippen Jr.
    3. James P. Frederick
    3 lawyer answers

    The simple answer is that there is no limit on the number of trusts that an individual can create in Florida. If you wish to create an irrevovcable trust, I strongly recommend that you retain an attorney who understands the taxation of trusts.

    4 lawyers agreed with this answer

  7. My mother had an enhanced lady bird deed done. Condo value only 15000. Will this trigger the medicaid waiting period in FL

    Answered about 2 years ago.

    1. Astrid de Parry
    2. Joseph Franklin Pippen Jr.
    3. Martin Harvey Cohen
    4. James P. Frederick
    4 lawyer answers

    Transferring title to a homestead or non-homestead property by Lady Bird Deed is not considered an uncompensated transfer (gift) by the Florida Department of Children & Families. Under a properly drafted Lady Bird Deed the grantor (your mother) retains the right to cancel the transaction. Therefore, the transfer is considered incomplete, and there will be no Medicaid waiting period. In your case, there is an additional problem. Even if your mother has the opportunity to get out of the...

    3 lawyers agreed with this answer

  8. My mother has 1 CD in the bank in Puerto Rico totaling 24,500, how can I protect it once I apply for medicaid in florida

    Answered about 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Martin Harvey Cohen
    3. James P. Frederick
    3 lawyer answers

    In addition to Mr. Pippin's recommendation, there are a number of ways you can spend the money for your mother in ways that will benefit her such as, for example, purchase of irrevocable prepaid funeral plan, clothing, bedding, or even a better TV to entertain her while in a facility. You did not say whether she owns her primary residence in Florida. However, if she does, she might consider paying down her mortgage, if any, and repairing or replacing old appliances, painting, flooring etc....

    3 lawyers agreed with this answer

  9. If I were on Medicaid and inherited a rental property would I have to give up Medicaid?

    Answered over 1 year ago.

    1. Michael Leo Potter
    2. Charles Lawrence Huddleston III
    3. Paula Brown Sinclair
    4. Justin Jay Watling
    5. Martin Harvey Cohen
    5 lawyer answers

    I agree with most of the comments provided by my colleagues. Of course, I recognize that you are in Ohio and should consult with a local elder law attorney. I suggest that you ask the attorney whether Ohio allows individuals receiving Medicaid nursing home benefits to own rental property. In Florida, if an individual owns rental property that generates rent commensurate with its fair market value, the net rent will be countable income and the rental property will not be treated as a...

    4 lawyers agreed with this answer

  10. Florida: Can Nursing Homes or Medicaid seize Mom's Condo and Contents? Condo is in her name only, no other assets.

    Answered over 3 years ago.

    1. Martin Harvey Cohen
    2. Eliz C A Johnson
    3. Barbara Ann Bangs
    3 lawyer answers

    Your question raises numerous issues. If the condominium is your mother's principal residence, and, therefore, her homestead, then neither the nursing home, as an unpaid creditor, or the state of Florida could make a claim against the home. On the other hand, if she fails to pay the mortgage or the condominium association, either creditor could start a foreclosure. From your question, it appears that your mother is currently in rehabilitation. The cost is probably substantially covered...

    2 lawyers agreed with this answer

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