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Don L. Rosenberg

Don Rosenberg’s Answers

3 total

  • Wills and estates

    IF a owner of a house dies and leaves his entire estate to a friend and they die and there are no living relatives what would happen

    Don’s Answer

    While your question is vague, let me answer it by making some assumptions. I will assume the person died without a will and survived the friend who the home was left to. in this case if there are truly no relatives then the person is considered to have died intestate and the distribution of the assets/home is governed and controlled by the Michigan statutes. See this link for specific Michigan Intestate Succession laws.,

    If the friend survived the owner and was the owner of the home then the friends will or his intestate would control.

    Frankly, more information needs to be provided to provide you a clear answer.

    If I can be of further assistance please do not hesitate of contact me. Here is a link to our web site and my credentials.

    Don Rosenberg

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  • What happens when the guardian dies?

    My parents have guardianship of my son. They have both passed. I lived with my parents and son since the guardianship was granted They still allowed me to be the parent. How to I terminate the guardianship?

    Don’s Answer

    You will need to file a petition with the probate court to modify or terminate the guardianship. It is actually a simple form. Assuming you wish to have the guardian terminated before you file you should be able to establish that since your parents have passed that it is your son's best interest to have you be the parent and terminate the guardianship. The court upon filing the petition will set a court date and appoint an Guardian ad litem to review the matter and make a recommendation to the court. You do need a lawyer to navigate the system and increase the probability of success.

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  • Elder law

    my neighbor had to be put in a nursing home.Her kids signed over her home and assets,( savings, SSI) before she was admitted. Now the home want the family members to return gift moneys given to the granddaughter as a graduation gift from college,...

    Don’s Answer

    I practice law in Michigan, but the federal government change all the Medicaid laws in February of 2006. This is a body of law call the Deficit Reduction Act of 2006 (DRA). I am sure that New York has incorporated the body of this law. The following is a summary of how the new law applies in Michigan. I would suggest you consult an elder law attorney in Michigan. Every so often, Congress changes the rules of Medicaid eligibility for nursing home coverage. In recent years, the rules have been relatively stable, with no changes in federal law since 1993. However, on February 8, 2006, President Bush signed the Deficit Reduction Act of 2005 (“DRA”), which substantially changed the Medicaid laws.

    In our collective experience of 35 years of practicing elder law, we have never seen such drastic changes when it comes to providing benefits to the elderly, disabled, and poor. Michigan enacted the DRA on July 1, 2007 effective retroactively to February 8, 2006. In addition to the drastic changes imposed by DRA, Michigan has implemented additional significant changes in April 2007, September 2007, October 2007 and now more changes have occurred in January 2008. This handout is intended to provide a brief summary and is not meant as a comprehensive summary of the changes.

    Increased Look-back Period to Five Years. All transfers under the new law, whether to individuals or to trusts, will be subject to a five year look-back period rather than the prior three year look-back period for individuals (or five years for trusts). It is our understanding that beginning with all Medicaid applications filed from July 2007 and on, Medicaid will examine all transactions and gifts for the five years preceding the application date. This will make the application process more difficult and could result in more applicants being denied for lack of

    documentation, given that they will need to produce five years instead of three years of records. This will be particularly true and difficult for families that have a loved one with dementia. Keep in mind, if you work with an experienced elder law attorney, there may be ways to reduce the documentation burden of the five year look-back period.

    Altered Penalty Start Date and Computation of Penalty. When one transferred an asset for less than fair market value, Medicaid considered it a divestment which caused an ineligibility for Medicaid benefits. The new laws state for asset transfers (gifts) that are less than fair market value, the penalty period will begin on the date that the individual would otherwise have been eligible for long term care services (Medicaid as well as the Home Based Community Waiver) but for the asset transfers, rather than the date of the asset transfer itself. Simply put, Medicaid will penalize from the date of the Medicaid application instead of the date of the gift. Further, all transfers during the look-back period will be added together to determine the total transfer penalty. The transfer penalty will be broken down to disqualify a nursing home applicant on a daily basis. .
    With respect to asset transfers that occurred prior to February 8, 2006 the old penalty start date, the date of the gift, still applies.

    Charitable and political contributions, as well as innocent gifts to family members, are some of examples of transfers that could result in a Medicaid ineligibility period.

    For example, a semi-healthy grandmother gives her granddaughter $20,000 to assist with her college education. Three years later, the grandmother has a stroke and requires nursing home care. Over the next eighteen months, she spends her life savings on her own care. Forty-eight months after the gift, the grandmother has depleted her assets and applies for Medicaid. She will be penalized for about four months before she will receive Medicaid benefits, even though she has no money

    Hope this helps.


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