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The Medicaid Estate Recovery Program (MERP) is a federal and state mandate that allows states to seek repayment for certain Medicaid benefits (primarily long-term care services and nursing facility services) from a deceased Medicaid recipient’s estate. MERP typically applies to beneficiaries who are over the age of 55 or who have been subject to institutionalization […]

The most common Medicaid mistakes are violating the five-year look-back period by transferring assets below fair market value, liquidating exempt assets to pay for nursing home care, and putting off Medicaid planning until it is too late. Other common mistakes are Medicaid application related: missing deadlines and submitting incomplete paperwork. Federal law provides that the […]

What is a Medicaid compliant annuity (MCA), and is it right for me? A Medicaid compliant annuity is a financial product that turns a countable asset into an income stream. If you and your spouse are contemplating a Medicaid application, an annuity contract may help you qualify for long-term care. To avoid being classified as […]

Is Medicaid Spousal Refusal an option for me when submitting my spouse’s Medicaid application? In some states, the answer is yes. Medicaid’s Spousal Refusal (dubbed “Just Say No”) is a strategy utilized in some states to protect a community spouse’s assets while allowing the institutionalized spouse to obtain Medicaid eligibility. Primarily used in New York […]

Probate is the process in which a deceased person’s assets are transferred to their heirs under supervision of the Court. The process consists of verification of assets, a creditor claims period, and distribution of the assets to the heirs. In Missouri, probate is a supervised court proceeding to transfer assets to a deceased person’s heirs. […]

Life Estate Deeds and Irrevocable Trusts are two ways to transfer property to loved ones. Both are estate planning tools that can shield property from Medicaid Estate Recovery and bypass probate. However, there are important differences between the two. A life estate deed is a legal document that allows a property owner to reside in […]