Brian A. Raphan, Esq.
Should My Parents Give Me Their Home?
Many parents wonder if it is a good idea to give their home to their children. The children may be the first to say 'yes!' While it is...
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Brian A. Raphan, Esq.
Mar 19, 20161 min
Free Downloads: Easy to read elder guides for families and seniors.
Probate, Estate Planning, Healthcare Proxies, Medicaid Planning, etc. Get informed and find many of the answers to your existing...
Brian A. Raphan, Esq.
Feb 4, 20163 min
Protecting Your House from Medicaid Estate Recovery
After a Medicaid recipient dies, the state must attempt to recoup from his or her estate whatever benefits it paid for the recipient’s...
Brian A. Raphan, Esq.
Feb 2, 20161 min
Medicaid Applicant’s Irrevocable Trust Is an Available Resource Because Trustee Can Make Distr
An Alabama appeals court rules that a Medicaid applicant’s special needs trust is an available resource because the trustee had...
Brian A. Raphan, Esq.
Nov 4, 20152 min
An Attorney Who Advised Against Life Estate While Conducting Medicaid Planning Is Liable for Legal M
An Attorney Who Advised Against Life Estate While Conducting Medicaid Planning Is Liable for Legal Malpractice A Massachusetts appeals...
Brian A. Raphan, Esq.
Oct 28, 20152 min
What’s the Difference Between Medicare and Medicaid in the Context of Long-Term Care?
Although their names are confusingly alike, Medicaid and Medicare are quite different programs. Both programs provide health coverage,...
Brian A. Raphan, Esq.
Oct 16, 20151 min
Medicaid Spousal Impoverishment Numbers Likely to Be Unchanged for 2016
With the just-announced September 2015 Consumer Price Index for All Urban Consumers (CPI-U) actually lower than the comparable figure in...
Brian A. Raphan, Esq.
Aug 4, 20151 min
Medicaid’s Gift to Children Who Help Parents Postpone Nursing Home Care:
In most states, transferring your house to your children (or someone else) may lead to a Medicaid penalty period, which would make you...
Brian A. Raphan, Esq.
Jun 30, 20152 min
Appeals Court Upholds Class Certification of Nursing Home Residents Seeking Community-Based Alternat
A U.S. Court of Appeals upholds a district court ruling that granted class certification to a group of disabled nursing home residents...
Brian A. Raphan, Esq.
Jun 6, 20151 min
Medicaid Recipient Cannot Bring Claim to Require State to Deduct Guardianship Fees
NEW YORK: The U.S. Court of Appeals for the Second Circuit holds that a Medicaid recipient who is under guardianship cannot bring a §...
Brian A. Raphan, Esq.
Jun 3, 20151 min
SOL Prevents Family From Enforcing Promissory Note Against Mother’s Estate
Reversing a lower court, a Kansas appeals court rules that a Medicaid recipient’s family cannot enforce a promissory note against her...
Brian A. Raphan, Esq.
Apr 17, 20152 min
State Not Required to Treat Medicaid Applicant’s Multiple Transfers as One Transaction
A Kentucky appeals court rules that a Medicaid applicant’s penalty period is appropriate because the state is not required to treat...
Brian A. Raphan, Esq.
Dec 23, 20141 min
Medicaid Update: 2015 Medicaid Income and Resource Levels
The New York State Department of Health has released important information about the new Medicaid income and resource levels for 2015,...
Brian A. Raphan, Esq.
Dec 3, 20142 min
WHY IRREVOCABLE TRUSTS VS OUTRIGHT GIFTING
So, why complicate things with a trust? Why not just keep the planning as simple and inexpensive as possible? The short answer is that...
Brian A. Raphan, Esq.
Oct 2, 20143 min
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, 20142 min
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.
May 16, 20141 min
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.
Apr 4, 20143 min
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.
Feb 26, 20143 min
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...
