Should money on 401K and IRA accounts be included in the amount protected by Umbrella insurance policy in Massachusetts?

401K accounts are protected from creditors by Federal Law. IRAs are protected from creditors by Massachusetts law. An umbrella policy is a good...

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Does Medicaid require that I pay rent and then deduct carrying costs, or can I pay the carrying costs and live there rent free?

You really should go see an Elder Law Attorney to make sure you do this right. It may work as you plan, but you don't want to mess it up, so it's...

We are adding our children's names to our property. Would in laws (their spouses) have any say over the property?

Adding children's names to your deed is a very significant act. You really should understand why you are doing it and what the consequences are...

Regarding ACTIVE Health Care Proxy, I have noted a couple of problems with 2 South Shore hospitals not honoring ACTIVE

The power of an Agent to make medical decisions for a Principal (the Patient) only comes in to effect when an attending Physician determines that...

Our home is in both my name & my husbands, if 1 of us has to go into a nursing home, will the other 1 lose the home?

The simple answer is "no, you won't lose your home." The Medicaid rules protect the house for the community spouse. However, the Medicaid rules are...

How should my parents protect their assets as they age?

The question should be, "What do your parents want to do with their assets and how do they want to live out their lives." When you are talking...

My husband wants me to sign a quitclaim deed to my house & leave it to both of my grown children but I can live in it until I d

There are various strategies to protect the value of your house for your children and yourself. This might be one of them, but it has to be done...

If my wife transfers her house to me, is that a disqualifying transfer under MassHealth/Medicaid?

Transfers between spouses do not count as disqualifying for Medicaid benefits. The five-year look-back still exists for transfers of assets to...

My mom was admitted to a nursing home 2 weeks ago as a private pay. We are applying for Medicaid as of October 1st

You can probably do what you have said, but to be sure that you get the best advice you should really see an Elder Law Attorney right away. You...

The rules of Medicaid and nursing home care are complex. You may want to consult an experienced Elder Law Attorney. If your mother signed the...