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What Happens to a Medicaid Recipient If the Spouse at Home Dies First?
In order to qualify for Medicaid, a nursing home resident can have only a limited number of assets.
Brian A. Raphan, Esq.
Dec 2, 20142 min read


Nursing Home’s Claim Has Priority over State’s Medicaid Claim
A New York appeals court rules that a nursing home that had a claim against the guardianship account of a resident is entitled to...
Brian A. Raphan, Esq.
Nov 6, 20141 min read


Maybe it’s time for a geriatric care manager
Why do we hear so much about geriatric care management these days? It’s because there are so many benefits they can provide to seniors...
Brian A. Raphan, Esq.
Oct 15, 20143 min read


Three Reasons Why Joint Accounts May Be a Poor Estate Plan
Many people, especially seniors, see joint ownership of investment and bank accounts as a cheap and easy way to avoid probate since joint...
Brian A. Raphan, Esq.
Oct 2, 20143 min read


How Gifts Can Affect Medicaid Eligibility
We’ve all heard that it’s better to give than to receive, but if you think you might someday want to apply for Medicaid long-term care...
Brian A. Raphan, Esq.
Oct 2, 20142 min read


Can you sue for Bedsores or Pressure Sores?
2/22/2018 Law Firm added Free Booklet Bedsores should not happen while in a nursing home or hospital. Often they are due to neglect and...
Brian A. Raphan, Esq.
Sep 17, 20144 min read


Tips: How to Track Down a Life Insurance Policy
Use these strategies if a loved one dies and you’re not sure whether he or she had a policy–from a Q&A of Kim Lankford of Kiplinger.com...
Brian A. Raphan, Esq.
Sep 11, 20143 min read


State Can Recover From Entire Value of Property in Which Medicaid Recipient Had Life Estate
The Idaho Supreme Court rules that the state may recover Medicaid benefits from the entire value of a property that a Medicaid recipient...
Brian A. Raphan, Esq.
Sep 3, 20142 min read


Why Irrevocable Trusts vs outright Gifting
People often wonder about the value of using irrevocable trusts in Medicaid planning. Certainly gifting of assets can be done outright,...
Brian A. Raphan, Esq.
Aug 30, 20142 min read


New: Visiting Lawyer Services for Elder New Yorkers
Why should the elderly that aren’t as mobile as they used to be, or live in an assisted living facility or are even at home wheelchair...
Brian A. Raphan, Esq.
Aug 13, 20141 min read


Heir tight: The dos and don’ts of creating rock-solid trusts
Good article via Jennifer Woods at Imagine working for decades so that one day you could pass your assets on to your children or...
Brian A. Raphan, Esq.
Aug 5, 20142 min read


Free Download: 2014 Benefits Guide for Seniors: NYC
Free download. NYC Department of Aging resources. Free benefits guide for senior citizens. For 2014, this guide from NYY.gov is a...
Brian A. Raphan, Esq.
Jul 18, 20141 min read


Some FAQ’s about Health Care Proxys
As an Elder Law attorney for over 25 years I have recently been getting more and more questions about Health Care Proxys. Below are...
Brian A. Raphan, Esq.
Jul 16, 20143 min read


Court Ruling: Transfers Made Years Before Needing Care Were Not Made in Order to Qualify for Medicai
Doing Medicaid Planning for clients, I often get asked the question: “How does medicaid determine if my gifts were made to qualify for...
Brian A. Raphan, Esq.
Jul 15, 20142 min read


Heir Liable for Reimbursement of Mother’s Medicaid Expenses
Medi-Cal (Medicaid) recipient Merver Mays died, leaving her house as her only asset. Ms. Mays’ daughter, Betty Bedford, petitioned the...
Brian A. Raphan, Esq.
Jul 8, 20142 min read
Make Sure Your Life Insurance Is Not Taxed at Your Death
Make Sure Your Life Insurance Is Not Taxed at Your Death [via Elder Law Answers] Although your life insurance policy may pass to your...
Brian A. Raphan, Esq.
Jun 19, 20142 min read


Using a No-Contest Clause to Prevent Heirs from Challenging a Will or Trust
If you are worried that disappointed heirs could contest your will or trust after you die, one option is to include a “no-contest clause”...
Brian A. Raphan, Esq.
May 16, 20141 min read


The New New York Estate Tax Beware A 164% Marginal Rate
Some timely tax news from Forbes staff writer Ashlea Ebeling: It’s no April Fool’s joke. New York state doubled its estate tax exemption...
Brian A. Raphan, Esq.
Apr 4, 20143 min read
The 10 Most Overlooked Tax Deductions for Care Givers
Thanks to AgingCare.com & Lori Johnston for contributing these often forgotten tips: Before filing your taxes, don’t miss out on...
Brian A. Raphan, Esq.
Feb 26, 20143 min read


How to sell an inherited home:
Get good advice before putting mom and dad’s house on the market. Amy Hoak, MarketWatch. Selling an inherited house isn’t easy. There’s...
Brian A. Raphan, Esq.
Feb 19, 20143 min read
Important news for seniors and their families
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