Law Offices of Alice A. Salvo

Please give us a call to discuss.

Medi-Cal benefits can be obtained retroactively for the three months immediately preceding your application month as long as the eligibility requirements were met for those months. As an example, if you applied in April but met the eligibility requirements in January, the nursing home would reimburse your expenses above the “share of cost” amount from January forward. If the Medi-Cal eligibility limit is increased using a “3100 Court Petition” or “Administrative Fair Hearing” procedure, the increased eligibility limit can be applied retroactively to cover the three months immediately preceding your Medi-Cal application.

Medi-Cal will try to recover its expenses from the assets the Medi-Cal beneficiary owns at the time of his or her death, including the beneficiary’s home. Your home can be protected with effective Medi-Cal planning.

Medi-Cal has strict regulations concerning asset transfers. Improper transfers may result in a significant “period of ineligibility” during which an individual cannot receive Medi-Cal benefits. Transfers can also have negative estate and capital gains tax ramifications. Legal advice should be obtained before making any transfers.

Yes. Medi-Cal planning is potentially able to reduce or eliminate your “share of cost” co-payment and protect your assets from Medi-Cal recovery.

Immediately! Early planning provides you with more options, such as creating estate planning documents with Medi-Cal planning language making sure your appointed agent(s) can carry out further Medi-Cal planning if you eventually become incapacitated. Please realize it is never too late for Medi-Cal planning and effective strategies can still be implemented in emergency situations. However, usually the longer you wait the fewer options available.

A special needs trust shelters income and resources that might otherwise interfere with eligibility for government programs such as Social Security and Medi-Cal (Medicaid). A special needs trust can enhance quality of life over and above what the basic benefits programs can do. Simply speaking, it maximizes financial resources.

No. living trusts do protect your estate from the need for a probate and a conservatorship and may in some cases save taxes. But, if your assets are in a living trust and you need to go into a nursing home, then all of the assets contained in the living trust will be counted to determine whether or not you qualify for Medi-Cal.

A Conservatorship is also a court process whereby the court appoints a person or entity to be in charge of your affairs if you are unable to do so. All of this is also done under the court’s supervision. A proper estate plan may avoid the need for a Conservatorship.

A document called a durable power of attorney for health care will protect you from this situation.

Usually, it is not a good idea to put your house in joint tenancy with your children. First, if your child is sued, his/her creditor can collect any judgment the creditor has against your child from the equity in your house. Second, if your child wants to sell the house when you pass away, your child may have to pay unnecessary capital gains taxes if you gift your house to your child while you are alive. Third, if you go into a nursing home and need to qualify for Medi-Cal, the state will have a lien on your house for any amounts paid for Medi-Cal benefits.

Generally, you are not responsible for your parent’s bills (unless you have assumed the responsibility by signing for them). If you become personal representative of your parent’s estate, you will be responsible to pay his/her bills but only out of his/her assets (not out of your assets).

In California, if you die without a will, California and the Superior Court will decide who will be in charge of your estate and who will inherit your estate.

Probate has become a bad word in our society. It can be a time consuming and costly process. Proper estate planning can avoid probate. If you do need to go through the probate process, our office can help you through every step of the process.

Probate is a court process. Generally, there are several steps to the probate process. The court appoints a person to be in charge of the decedent’s estate. This person is called the personal representative. The personal representative gathers the decedent’s assets; pays the decedent’s appropriate bills; he or she may sell certain of the decedent’s assets; files tax returns; and distributes the decedent’s assets to the appropriate persons or entities. All of this is done under the court’s supervision.

A will takes effect after you pass away. Generally, if your estate is over $100,000 and if you have a will your estate may have to go through probate. There are many types of trusts. A living trust is the type of trust that most people have. If you have a trust and have transferred your assets to the trust, then your estate will not have to go through probate.

There are several ways to protect your estate from nursing home costs. If you plan in advance, you will have more alternatives. Advance planning includes the following: the court procedure, the use of irrevocable trusts, gifting, converting non-exempt assets into exempt assets, permissible spending down and the purchase of annuities and long term care insurance. Of course, every situation is different. If you consult our offices, we will go over your individual situation. We will also tell you the benefits and detriments (if any) of each alternative.

Please give us a call to discuss your specific needs.

No, we do not handle medicare issues.