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Three Common Myths About Paying For Nursing Home Care

JANUARY 25, 1999 VOLUME 6, NUMBER 30 The possibility of nursing home placement terrifies many seniors and their families. The specter of loss of control and dignity is part of the problem, but financial concerns may also be overwhelming. It does not help that accurate information is so difficult to obtain. Myths about nursing home …

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Father’s Promise To Establish Trust Enforceable After Death

JANUARY 18, 1999 VOLUME 6, NUMBER 29 Jack and Frankie Bemis were divorced in Nevada in 1972. At the time, Jack was expecting a distribution from a California trust within the year. As part of the divorce settlement, he agreed (and was ordered) to set up a $25,000 trust for the benefit of the couple’s …

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Special Needs Trust Created Too Late; Funds Go To State

JANUARY 11, 1999 VOLUME 6, NUMBER 28 Virgil Lamont Hamilton, a California child, was injured in a tragic swimming pool accident in 1982. Hamilton suffered severe brain damage, and will require total care and extensive medical treatment for the rest of his life. Since the accident, Hamilton has lived in a California state institution, Agnews …

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Medicaid Recovery Claimed Even After Death of Spouse

JANUARY 4, 1999 VOLUME 6, NUMBER 27 About half the cost of all nursing home care in this country is paid by the federal-state Medicaid program. The program is available to individuals who have reduced their assets below $2,000 (not counting homes, autos and a handful of other exempt assets). When the nursing home resident …

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Virginia Woman’s Gift of Home Not Changed By Later Will

DECEMBER 28, 1998 VOLUME 6, NUMBER 26 It frequently happens that elderly individuals are encouraged to give away all of their property to family members or others. Often, the expectation is that the recipient will “take care of” the elderly person, and distribute the property according to their wishes upon death. The senior is usually …

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Eligibility and Benefits Limits Will Increase For Government Programs

DECEMBER 14/21, 1998 VOLUME 6, NUMBER 24/25 At the end of each calendar year, as most people realize, Social Security and other government benefits are adjusted based on increases in the cost of living. This year, Social Security’s automatic cost of living adjustment amounts to 1.3%. Interestingly, that figure is tied with the 1986 increase …

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Iowa Woman Sues Insurance Agent For Error In Estate Plan

DECEMBER 7, 1998 VOLUME 6, NUMBER 23 Lois Rieger worked in the same office building as Don Jacque. Rieger was a real estate agent, and Jacque sold insurance; Rieger helped Jacque in several real estate transactions over the period of their acquaintance. Jacque expressed his concern that Rieger had not adequately prepared her own estate …

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Washington Divorce Set Aside Based On Fraud By Decedent

NOVEMBER 30, 1998 VOLUME 6, NUMBER 22 Two weeks ago, Elder Law Issues reported on the case of Jessie Lee Anderson and Orange Pierson, a married couple who had separated forty years ago and both remarried (see Volume 6, Issue 20). Upon Ms. Anderson’s death, Mr. Pierson attempted to claim his rights as surviving spouse, but …

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Though Often Helpful, Reverse Mortgages Sometimes Abused

NOVEMBER 23, 1998 VOLUME 6, NUMBER 21 “Reverse mortgages” can be a wonderful tool for keeping a frail elder at home, or for making a home stay more comfortable. Like so many good things, they can also be abused. Typically, a reverse mortgage is a mechanism to permit a cash-short senior to liquidate a portion …

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