Wealth and Honor

Helping Families Navigate the Financial Challenges of Age Transitions

Tag: elderlaw

Free Lunch and ‘Free’ Care Likely Too Good to be True!

October 23, 2024 /

I take care of my 88 year old mother. Last month I attended a free lunch seminar offered by a company I'd never heard of, about Medicaid planning. It sounded like they could make arrangements so that all of mom's assets would be protected for me and my brother, and that Medicaid would pay for all of her nursing home expenses should we decide to move her to one. It sounded too good to be true. The company is not a law firm but they said they had lawyers working for them. They charge $5,000 to file all the paperwork for Mom to get qualified. Is this a fair price to pay and should I even get Mom on Medicaid?

Meredith B.

There’s an old saying that if you take your problem to a carpenter whose only tool is a hammer, don’t be surprised if the solution requires a nail. As the caregiver for your 88-year-old mother, it’s completely understandable that you’re seeking the best options to protect her assets while also considering her healthcare needs. Unfortunately, some believe there is only one solution to the problem of paying for care. The situation becomes more complex, especially with the maze of options surrounding Medicaid and long-term care.

Continue reading

Court of Appeals Affirms That Will Was Product of Undue Influence

July 9, 2020 /

The Law Firm of Faegre Drinker Biddle & Reath LLP, recently published the trial court results of a case involving a charge of Undue Influence brought by the two adult children of William Moriarty.

Mr. Moriarty was widowed in April 2016. William had been diagnosed with depression, anxiety and congestive heart failure following Doreen’s death. Eve, who had been married three times previously and had met William while Doreen was alive, began dating him within weeks after Doreen’s death.

Afterward, Cathy and Paula noticed a marked change in their relationship with their father, though they did not learn of his and Eve’s relationship until soon before they were married. Eve and William married about seven months after Doreen’s death, and neither Cathy nor Paula were invited to, or attended, the wedding.

From firing William’s caregiver to procuring a new will for him through her own lawyer, Eve also was named as joint owner of a new, large home purchase shortly after their marriage, as well as of a new $60,000 Lexus.

Relying on an expert witness, the court determined that William’s physical and psychological impairments made him vulnerable to undue influence.

The trial court was convinced that Eve exercised undue influence over William due to multiple facts presented at trial, including the dramatic shift in his estate plan only one month before his death and Eve’s involvement in procuring his will and surrendering his life insurance policy. The trial court was less than impressed with Eve’s demeanor in court, noting her “flat affect during emotional testimony,” which left the court “with no confidence that Eve married William because she loved him and with the conclusion that Eve planned to take all of William’s money all along.”

Ultimately, the trial court declared that the purported will was invalid due to William’s lack of capacity and Eve’s undue influence over him, and it ordered that William’s estate be distributed as if he had died intestate.

The court also ordered Eve to transfer title of bank accounts, the house and the car — all of which she otherwise would have received as a joint owner — to William’s estate.

Source: Court of Appeals Affirms That Will Was Product of Undue Influence | Publications | Insights | Faegre Drinker Biddle & Reath LLP

Too much trustee discretion prevents elderly beneficiary from Medicaid eligibility.

October 21, 2019 /

A New York Appeals court recently affirmed the State’s Medicaid division’s decision to deny Medicaid eligibility to the beneficiary of a trust, arguing that the trust gave the trustee too much discretionary authority. The case underscores the need to have an experienced attorney familiar with local Medicaid rules, draft trust documents where protecting Medicaid eligibility is a major concern.

In this instance, the applicant’s son was trustee of a living trust established for the benefit of the applicant. As trustee, the son took out a home equity loan using trust assets as collateral, and used the loan proceeds to pay for his father’s living and caregiving expenses. Once the trust assets were depleted, the father applied for Medicaid benefits but was denied because the State ruled that the trust assets were available to the applicant, and imposed the required “look-back rule” in denying eligibility.

In upholding the State’s determination, the Appeals Court stated:

Because the trust instrument gave the trustees broad discretion in the distribution of the trust principal, including for petitioner’s benefit, the agency did not err in concluding that the principal is an available resource for purposes of petitioner’s Medicaid eligibility determination

For the full text of the ruling, click here.

© 2024 Wealth and Honor

Theme by Anders Noren — Up ↑