In this issue

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review April 25, 2006 / 27 Nissan, 5766

Dad's sudden wealth disrupts Mom's Medicaid

By Jan L. Warner & Jan Collins

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http://www.JewishWorldReview.com | Q: My stepfather is 87, and was married to my mother for 52 years after both of their first spouses died. He never had any children and, as far as I knew, had no close relatives. I am my mother's only child and have basically taken care of both of them for years. Each signed over to me their powers of attorney so I could take care of their finances, and both named me in their wills.

My mother had a stroke five years ago and spent the last 4-1/2 years in a nursing home. After their resources had gotten pretty low three years ago, I helped "Dad" get her qualified for Medicaid by assisting with the application that was approved.

All I knew was that he owned was the house where he lived and $15,000; he never told me about his half-interest in 440 acres of farmland he had inherited from his mother in an adjoining state. When it came time to renew Mom's Medicaid in February, I got a copy of her separate bank account to send to Medicaid, and it contained less than $1,200. I got his account and was shocked to see that more than $250,000 had been deposited in January. Come to find out that his brother's children (who owned a half-interest after their father died) had sold the land and deposited his share into his account. He finally remembered that he had signed a deed that his niece had sent to him.

Medicaid now wants repayment of more than $130,000 and is getting ready to kick Mom off Medicaid. When I told Dad, he said that since this land was inherited from his family, it was his — not my mother's — and he should not be forced to pay any more of her bills. He thinks I am making this up to get his money. I have tried to get answers from some lawyers here in town, but none of them are much up on these things. What is the best way to handle this so Mom is cared for and Dad doesn't hate me?

A: While you should hire an experienced elder law attorney to give you an opinion based on all of the facts before you act, due to the fact that the inheritance was and had been in your stepfather's name at the time he signed your mother's Medicaid application, the value of that property should have been reported on the application. Since it was not reported, Medicaid benefits were wrongfully paid on behalf of your mother for three years, and your stepfather is liable for repayment to your state Medicaid program.

The fact that the unreported property was inherited from his mother and was not in your mother's name is irrelevant when it comes to Medicaid. All assets owned at the time of the application should have been disclosed, but they weren't. And because of that, it is his obligation to repay Medicaid.

That's not all, however. Because your stepfather will have more than $120,000 of the sales proceeds remaining after the repayment, he will be required to continue to pay for your mother's ongoing monthly nursing home care privately until she will again qualify for Medicaid — that is, when her countable resources are less than $2,000 and his assets are less than your state's Community Spousal Asset Allowance.

Had your stepfather's inheritance been vested in his name after your mother had qualified for Medicaid — or had he won the lottery after her qualification — his windfall would have neither affected her continuation on Medicaid in the future nor resulted in a retroactive disqualification. Since your mother's and stepfather's ages would have prohibited them from purchasing long-term care insurance, a modicum of planning could possibly have saved some of their resources.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.


© 2006, Jan Warner