Questions answered by John A McCann

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Can a new resident get Medicaid?

John's answer | Answered on March 09, 2016

Residency requirements vary to some degree from state to state. However, if she is presently a resident of New York she probably will meet their...

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Can my mother transfers the majority of her investment assets (stocks, mutual funds) to me for Medicaid spend down purposes & pr

John's answer | Answered on March 03, 2016

Not usually a good idea because of the potential for a resulting penalty period, during which time, your mother might be ineligible for benefits. ...

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Does per capita, and not per stirpes still hold up today in Probate Courts?

John's answer | Answered on March 03, 2016

Without seeing the exact language of the will it is impossible to give you an opinion. You should see a qualified probate attorney to determine if...

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Is my mother responsible for the credit card debt he accrued and his medical bills? Can she separate herself from that debt?

John's answer | Answered on February 29, 2016

You mother will not be responsible for credit card debt she did not incur as long as long as she was not a co-signer on the loan, and your step...

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I have been told today this may be SS fraud, is that true? Is this legal for them to do?

John's answer | Answered on February 26, 2016

You should explore having yourself named as guardian for your mother-in-law if you believe that being placed in a nursing home is not in her best...

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What can I do so I can be involved in the care of my father

John's answer | Answered on February 25, 2016

If you had a valid HIPPA authorization you would be able to access health information, but without it, it will be impossible. If you are concerned...

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1. Should my mom get an attorney? 2. Can APS demand receipts like that? 3. What could possibly happen here?

John's answer | Answered on February 25, 2016

In addition to the issue of a valid power of attorney. You should explore why the house is not in your grandfather's name along with your...

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Is it possible to defer taxation over a period of years by putting lump sum capital gains in an annuity?

John's answer | Answered on February 25, 2016

First assuming this real estate was your mother-in-law's primary residence and the gain was under $250,000 she should be able to exclude the gain...

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Can you transfer a vehicle to your child under 21 before applying for Medicaid and be considered a gifting exception?

John's answer | Answered on February 25, 2016

A gift of a car would normally be considered an uncompensated transfer. If the gift was made within the look back period, which is normally 60...

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What can I do to prevent sis from stealing all of moms assets, cheating me out of inheritance and putting mom in medicaid home?

John's answer | Answered on February 24, 2016

If there is a question regarding your sister's actions with respect to your Mom's care and finances there should be a forum that you can go to, to...

John A McCann's Answers (33)

Can a new resident get Medicaid?

Can my mother transfers the majority of her investment assets (stocks, mutual funds) to me for Medicaid spend down purposes & pr

Does per capita, and not per stirpes still hold up today in Probate Courts?

Is my mother responsible for the credit card debt he accrued and his medical bills? Can she separate herself from that debt?

I have been told today this may be SS fraud, is that true? Is this legal for them to do?

What can I do so I can be involved in the care of my father

1. Should my mom get an attorney? 2. Can APS demand receipts like that? 3. What could possibly happen here?

Is it possible to defer taxation over a period of years by putting lump sum capital gains in an annuity?

Can you transfer a vehicle to your child under 21 before applying for Medicaid and be considered a gifting exception?

What can I do to prevent sis from stealing all of moms assets, cheating me out of inheritance and putting mom in medicaid home?