In Estate Recovery for Medicaid, are relatives responsible for the cost of the recovery if the patient has no assets?
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Answered on February 03, 2024
I am very sorry for your loss. Estate recovery for the Medical Assistance (Medicaid) long-term care benefits paid on behalf of your father would...
What form of joint ownership is assumed in Pennsylvania if a deed is simply to "John Smith and Jane Smith, husband and wife"?
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Answered on November 03, 2023
If you bought the home while you were married, the presumption in Pennsylvania where the deed does not state how title is to be held is that the...
My mother gave my brother and I a $60,000 gift last year as part of an early inheritance? Do we have to report it on our taxes.
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Answered on February 28, 2023
The receipt of property that is acquired by gift does not need to be reported on your personal income tax returns because it is not taxable income,...
What is Pennsylvania’s statue of limitations for postponed Estate Recovery, due to having a surviving spouse?
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Answered on September 16, 2022
If estate recovery was postponed as that term is used in Pennsylvania's estate recovery regulations, then they are likely subject to pay-back at...
Can a parent who is the custodian of his child’s 529 account change the beneficiary?
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Answered on June 16, 2022
No, not legally. Transfers to an account under Pennsylvania’s Uniform Transfers to Minors Act (PAUTMA) are irrevocable, and the property...
Can an estate executor be made to pay estate expense out of pocket?
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Answered on August 20, 2021
We've had a client once needlessly pay for a tax id number for their parent's estate through a third-party website before hiring our law firm to...
When my sister receives an inheritance can the nursing home she is in take that money?
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Answered on July 16, 2021
This is going to be fact specific, so the true answer to this question is going to be to consult a local elder law attorney. Amos Goodall is a...
How long do I have to sale the house of my deceased mother who was on Medicare?
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Answered on July 16, 2021
If you have been appointed to serve as personal representative of the estate you must administer the estate within a "reasonable" time frame. What...
What is the statute of limitations on Medicaid estate recovery in Pennsylvania?
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Answered on March 21, 2019
If your mother was over age 55 when she received the Medical Assistance (Medicaid) long-term care benefits, then the assets in her probate estate...
Does a POA give that person the right to keep other family members from seeing their father in Pennsylvania/
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Answered on March 09, 2019
I know there is a decided Pennsylvania court case where the judge permitted the agent named under the POA document to prohibit an alleged...