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Todd D. Schmitz
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Todd Schmitz’s Legal Cases

5 total

  • Medicaid qualification of married client

    Practice Area:
    Elder Law
    Date:
    Apr 27, 2007
    Outcome:
    Medicaid approval by MI DHS
    Description:
    The married couple from Macomb County had a house in Roseville with additional assets totaling approximately $75,000. They created a revocable living trust estate plan with "Medicaid triggers." They also hired me to create a pour over will, a property power of attorney, health care power of attorney, deed to their living trust and funding documents. When the husband developed Alzheimer's Disease, the family was worried they would lose their life's savings to nursing home costs. The average cost of a Michigan nursing home at the time was around $5,500 per month. However, the "Medicaid triggers" in their living trust were used by the trustee to protect all of their assets. After a lot of paperwork and verification of assets and non-asset information, such as marriage license, birth certificates, etc., the final result was a Medicaid approval by the Michigan Department of Human Services. His wife did not have to lose their home or lower her standard of living because we were able to preserve her assets. She still visits him regularly and knows the nursing home workers by name.
  • Medicaid qualification for unmarried client

    Practice Area:
    Elder Law
    Outcome:
    DHS approval
    Description:
    (not available)
  • Successful Medicaid payment to nursing home after client's death

    Practice Area:
    Elder Law
    Date:
    Jan 01, 2011
    Outcome:
    Victory for client's family and the nursing home
    Description:
    Client had a complicated gifting pattern, then went to a nursing home. During the application process the client passed away and Medicaid benefits were initially denied. Thanks to strong advocacy and the outstanding administrative appeals staff, Medicaid benefits were approved and the nursing home was paid, even though it took over one year since the client's death.
  • Stretch IRA with living trust named as beneficiary

    Practice Area:
    Elder Law
    Date:
    Jan 01, 2012
    Outcome:
    Stretch IRA payments for client while his trust was the beneficiary
    Description:
    Many people cannot name their living trust as a beneficiary of an IRA because the trust does not contain the proper language to prevent it from forcing a distribution over five years or less. However, a properly drafted living trust can preserve the stretch-IRA benefits, while also providing a level of divorce and creditor protection for beneficiaries. This result was achieved for my client whose IRA administrator initially gave him a hard time.
  • Medicaid approval despite SBO Trust policy change

    Practice Area:
    Elder Law
    Date:
    Nov 28, 2014
    Outcome:
    Medicaid approval
    Description:
    The Michigan Deparmtnet of Human Services abruptly ended over a decade's worth of irrevocable "solely for the benefit of trust" policy in August 2015. Despite this policy change, Medicaid approval was obtained.