The Elrod Firm

Ask The Pros

Relevant answers to the most common questions about estate planning and elder law.

Asset Protection

What Can Medicaid Take?

Justin, My second husband has dementia and will need a nursing home soon. When my first husband died, I inherited around $135,000 from him, which I have always kept separate in my second marriage. I was recently told that Medicaid will take my inheritance from me when my husband goes into a nursing home. This is not his money! Can this be legal?

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Asset Protection

What’s the Difference Between a Revocable and an Irrevocable Trust?

Justin, I know that my wife and I need a trust to keep our things out of probate court, and I’ve been reading up on my options. I have seen that there are basically two types of trusts, revocable and irrevocable.

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Tax Considerations

How Should I Deed My House To My Children?

Justin, I’m thinking of deeding my home to my children to avoid inheritance taxes. Do you have any recommendations on how I should handle this?

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Asset Protection

Do you have to spend yourself broke to qualify for Medicaid?

Justin, My mother moved into a nursing home a few months ago and began privately paying the facility after their business office told her that she had no chance of qualifying for Medicaid until she spent her entire savings on care. After reading some of your articles I feel like we have been misinformed.

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Asset Protection

Do you have to be broke to qualify for Veterans Benefits?

Justin, My father is a Vietnam veteran and is incurring significant expenses paying for assisted living. We spoke to a VA office recently to ask if he qualifies for Aid and Attendance benefits. They said he has too much monthly income and too many assets to qualify.

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