Archive for the Elder Law Category

VA Establishes Asset Limits and Transfer Penalties for Needs-Based Benefits

The Department of Veterans Affairs (VA) has finalized new rules that establish an asset limit, a look-back period, and asset transfer penalties for claimants applying for VA needs-based benefits. This is a change from current regulations, which do not contain a prohibition on transferring assets prior to […]

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Binding Contracts for Family Caregivers More Important Than Ever

A recent New Jersey case (July 2018) resulted in a decision requiring proper and detailed documentation in order for money paid to family caregivers to qualify as a Medicaid penalty exempt transfer of assets. In E.B. v. Division of Medical Assistance, the daughter of the Medicaid applicant […]

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Make Sure To Use An IRA Trust To Protect Your Retirement Assets

AN INHERITED IRA IS NOT WHAT IT USED TO BE: With the 2014 Supreme Court ruling that inherited IRAs are not protected in a bankruptcy proceeding, came the understanding that a beneficiary of retirement assets cannot assume that those assets will have the same protections provided by […]

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