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Brian A. Raphan, Esq.
May 19, 20172 min read
Medicaid Benefits – House Transfer: Deed Does Not Conflict
Reservation of Power of Appointment in Deed Does Not Conflict With Conveyance of Property to Children A Massachusetts appeals court rules...
Brian A. Raphan, Esq.
Apr 13, 20171 min read
A Medicaid Applicant’s Purchase of Life Insurance Policy Is Transfer for Less Than Market Valu
An Illinois appeals court rules that a Medicaid applicant’s purchase of a life insurance policy was a transfer for less than fair market...
Brian A. Raphan, Esq.
Mar 7, 20173 min read
Steps to Prevent a Contested Will
Emotions can run high at the death of a family member. If a family member is unhappy with the amount they received (or didn’t receive)...
Brian A. Raphan, Esq.
Jan 11, 20173 min read
Is It Better to Remarry or Just Live Together?
Finding love later in life may be unexpected and exciting, but should it lead to marriage? The considerations are much different for an...
Brian A. Raphan, Esq.
Aug 23, 20161 min read
NY Court Rules that Community Spouse’s Refusal to Contribute to Care Creates Implied Contract to Rep
http://www.raphanlaw.com A New York trial court enters judgment against a woman who refused to contribute to her spouse’s nursing home...
Brian A. Raphan, Esq.
Jun 21, 20164 min read
The Money Letter That Every Parent Should Write
As an elder law attorney I come across many clients that are looking to pass their wealth to their children–but how about passing on some...
Brian A. Raphan, Esq.
May 10, 20162 min read
Testamentary Trust & MEDICAID…
Testamentary Trust Qualifies As SNT Despite Support Language The Supreme Court of Connecticut rules that the state Department of Social...
Brian A. Raphan, Esq.
May 4, 20162 min read
Payments to Caregiver Subject Medicaid Applicant to Penalty Period
Reversing a lower court, a Michigan appeals court rules that under state regulations a Medicaid applicant’s payments to a non-relative...
Brian A. Raphan, Esq.
Mar 23, 20162 min read
Should My Parents Give Me Their Home?
Many parents wonder if it is a good idea to give their home to their children. The children may be the first to say 'yes!' While it is...
Brian A. Raphan, Esq.
Mar 19, 20161 min read
Free Downloads: Easy to read elder guides for families and seniors.
Probate, Estate Planning, Healthcare Proxies, Medicaid Planning, etc. Get informed and find many of the answers to your existing...
Brian A. Raphan, Esq.
Feb 4, 20163 min read
Protecting Your House from Medicaid Estate Recovery
After a Medicaid recipient dies, the state must attempt to recoup from his or her estate whatever benefits it paid for the recipient’s...
Brian A. Raphan, Esq.
Sep 30, 20153 min read
When Should You Update Your Estate Plan?
Marriage Whether it is your first or a later marriage, you will need to update your estate plan after you get married. A spouse does not...
Brian A. Raphan, Esq.
Aug 4, 20151 min read
Medicaid’s Gift to Children Who Help Parents Postpone Nursing Home Care:
In most states, transferring your house to your children (or someone else) may lead to a Medicaid penalty period, which would make you...
Brian A. Raphan, Esq.
Jun 3, 20151 min read
SOL Prevents Family From Enforcing Promissory Note Against Mother’s Estate
Reversing a lower court, a Kansas appeals court rules that a Medicaid recipient’s family cannot enforce a promissory note against her...
Brian A. Raphan, Esq.
Apr 17, 20152 min read
State Not Required to Treat Medicaid Applicant’s Multiple Transfers as One Transaction
A Kentucky appeals court rules that a Medicaid applicant’s penalty period is appropriate because the state is not required to treat...
Brian A. Raphan, Esq.
Jan 13, 20151 min read
2015 Spousal Impoverishment and Home Equity Figures:
The Centers for Medicare and Medicaid Services has released its Spousal Impoverishment Standards for 2015. The official spousal...
Brian A. Raphan, Esq.
Mar 6, 20133 min read
Why You Should Create an Estate Plan
Many people think that estate plans are for someone else, not them. But as the following list makes clear, estate planning is for...
Important news for seniors and their families
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