Martin Harvey Cohen’s 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....

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...

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...

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...

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...

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.

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...

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....

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...

As a service provider, you should contact a local attorney who specializes in Health Law. Elder Law attorneys advise individuals regarding their eligibility for Medicaid services. Sometimes this gets confusing because both types of lawyers may describe themselves as health care lawyers.