Stephen C. Jones’s Answers

Stephen C. Jones

Godfrey Elder Law Attorney.

Contributor Level 9
  1. Can countable assets be converted to exempt ones?

    Answered almost 2 years ago.

    1. Lawrence A Friedman
    2. Stephen C. Jones
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    Converting assets that the state will force you to spend down is entirely possible. That is exactly the type of advice that an Elder Lawyer will work through with you. Often times, depending on the marital status of the family, expenditures on the home that will be occupied by a community spouse will be made in part to protect those assets. However, you must be very careful and gain a clear understanding of what you are really achieving. In many states the home will be exempt during the...

    3 lawyers agreed with this answer

  2. My mother is 87 and my dad passed on 2 years ago. My mom wants to leave her 2 flat house to my brother and me when she is passes

    Answered almost 2 years ago.

    1. Judy A. Goldstein
    2. Stephen C. Jones
    3. James Cummings Siebert
    4. Christine Coffman Karr
    4 lawyer answers

    Your mother could provide for the home to be left to the two of you in her will. Another alternative would be for her to use a Transfer on Death Deed Instrument ("TODI"). The TODI is fairly new in Illinois but is designed to pass the home to the designated individuals upon your mother's passing. With something as important as the transfer of her home, it is well worth the cost to have a qualified estate planning or elder law attorney involved. Even a small mistake in your mother's...

    1 lawyer agreed with this answer

  3. Can I give my son a gift of money before going into a nursing home?

    Answered over 4 years ago.

    1. Stephen C. Jones
    2. John William Callinan
    2 lawyer answers

    What you are actually talking about is if you go into a nursing home and then seek to apply for Medicaid. When you apply to Medicaid they are going to look back for a period of five years and determine if you have made any gifts or transfers for less than fair market value. In this case, since it sound like your sone has already performed the services the $2,000 would be considered to be a gift or transfer for less than fair market value. When you have a transfer or gift during the lookback...

    1 lawyer agreed with this answer

  4. How long after a deposition before the trial

    Answered about 5 years ago.

    1. Stephen C. Jones
    2. Pamela A Wilson
    2 lawyer answers

    Unfortunately the deposition is just one step in the process and does not necessarily indicate that your case is approaching conclusion. The attorney handling your mother's case should be the best source of information regarding the anticipated duration of your mother's case. Many times there is a case management order in place that sets out the time line for completing certain activities in anticipation of a certain trial date. That would be a good indicator of what kind of timeline you...

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  5. I have a family question that I would like to asked pertaining to my uncle and dad, and counsin.

    Answered almost 2 years ago.

    1. Judy A. Goldstein
    2. Stephen C. Jones
    2 lawyer answers

    This is a very difficult situation. You are correct to worry that their could be some risk of financial exploitation. Unfortunately, without the proper documentation you do not have any authority to do much of anyting. Often times these situations turn very nasty quickly when people are fighting over an individual's well being. You would we wise to seek the counsel of an experienced estate or elder law attorney to help you through a guardianship process. If such an action proves to be...

  6. Father-nursing home due to get inheritance. I have POA finacial. What now? Mother lives in their house.Still has 3 dependents?

    Answered almost 5 years ago.

    1. Stephen C. Jones
    2. Paul A. Smolinski
    2 lawyer answers

    You really need to speak with an Elder Law Attorney. You will need to be very careful with the money or property that your father is about to receive. An elder law attorney can help you plan for the inheritance and maximize the value to your father and his family. If your father receives money, it may well be that you will have to spend that down on your father's care before Medicaid will begin paying again for the cost of his nurshing home care. Medicaid limits the amount of assets...

  7. What laws do i look under in the state of misssouri for nursing home rights for the elderly on loosing their homes ?

    Answered almost 5 years ago.

    1. Stephen C. Jones
    2. Todd Welles Bartimole
    2 lawyer answers

    You really should speak with an Elder Law attorney on this matter. You have several questions that you will need to be able to answer. First, when exactly was the house transferred? This is cricital becuase in 2006 the rules regarding transfers of assets changed. Secondly, was the home transferred to a person or a trust? In this case it sounds like to a person but you will want to know this answer for sure. All of this relates to what is known as the lookback period. The lookback period...

  8. How to protect home and assets if spouse enters nursing home in Illinois

    Answered almost 5 years ago.

    1. Alan James Brinkmeier
    2. Stephen C. Jones
    2 lawyer answers

    There are a number of ways that assets such as those you have listed can be protected. For example, it is possible that the equipment may fall into the income producing asset category. You also have community spouse rights that are available to you. However, with the limited amount of information it is not possible to really give you any kind of a complete answer. You best bet if there is a real concern that your spouse may need nursing home care is to meet with an elder law attorney....

  9. How do I set up a care contract and quanitfy the value of the service provided?

    Answered almost 5 years ago.

    1. Laura Mcfarland-Taylor
    2. Stephen C. Jones
    2 lawyer answers

    Establishing a caregiver contract is a tool that is used for Medicaid planning. In this case you are talking about her compensation being free room, board and spending money. A caregiver contract may not be a good strategy if their is not a block of assets that you are looking to transfer out of your parents name. In fact the free room and board aspect of your caregiver agreement would result in taxable compensation without your sister receiving the money to actually pay the taxes. You...

  10. If we move in with my mother-law and build on to her home and she becomes ill,does the government take her house?

    Answered almost 5 years ago.

    1. Elizabeth Smith Schmitz
    2. Stephen C. Jones
    2 lawyer answers

    You should speak with an elder law attorney regarding this matter. Your answer will depend on a number of things. First, when did the transfer of the home take place. In 2006 the laws changed regarding the tranfer or gifting of property. So it is possible that the home will only need to have been in your name for three (3) years. Secondly, there are some exceptions related to caregivers that you may be able to apply. If a child provides care to an elderly parent while living in the parent'...

    1 person marked this answer as helpful