Medicaid Planning & Asset Protection Congress has established a period of ineligibility for Medicaid for those who transfer assets.  The DRA significantly changed rules governing the treatment of asset transfers.  For transfers made prior to enactment of the DRA on February 8, 2006, state Medicaid officials will look only at transfers made within the 36 […]

Medicaid Planning: Protection of Home & Irrevocable Trust Another method of protecting the home from estate recovery is to transfer it to an irrevocable trust.  Trusts provide more flexibility than life estates but are somewhat more complicated. Once the house is in the irrevocable trust, it cannot be taken out again.  Although it can be […]

Medicaid Asset Protection & Spending Down Applicants for Medicaid and their spouses may protect savings by spending them on noncountable assets.  These expenditures may include: In the case of married couples, it is often important that any spend-down steps be taken only after the unhealthy spouse moves to a nursing home if this would affect […]

South Carolina Medicaid Estate Recovery and Lien Process When an individual receiving Medicaid benefits in the state of South Carolina dies, the state is required to attempt to recover from his or her estate to cost of benefits paid for care.  In August of 1993, Congress passed a law that requires states to recover amounts […]

Medicaid Planning: Protection of House & Life Estates For many people, setting up a “life estate” is the most simple and appropriate alternative for protecting the home from estate recovery.  A life estate is a form of joint ownership of property between two or more people.  They each have an ownership interest in the property, […]

Medicaid Eligibility & Permitted Transfers While most transfers are penalized with a period of Medicaid ineligibility of up to five years, certain transfers are exempt from this penalty. Even after entering a nursing home, you may transfer any asset to the following individuals without having to wait out a period of Medicaid ineligibility: In addition, […]