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Mineral rights have modest Medicaid exemption

Paul Premack

Nov 6, 2018

Mineral rights have modest Medicaid exemption

This column first appeared in the San Antonio Express News and other Hearst Newspapers on September 25, 2018. In order to qualify for nursing home Medicaid, any Texas resident must be 1) 65 or older, or blind or disabled, 2) demonstrate medical necessity, 3) have proper citizenship or immigration status, 4) have income below Medicaid’s cut-off, and 5) have countable assets below Medicaid’s cut-off. You say you own mineral rights, but do not have any surface rights to the same

Do Basic Statutory Forms Address Broad Legal Needs?

Paul Premack

Sep 7, 2018

Do Basic Statutory Forms Address Broad Legal Needs?

This column first appeared in the San Antonio Express-News and other Hearst Newspapers on July 2, 2018. DIY tools are not sophisticated enough for important legal issues Dear Mr. Premack: Situation: I have been divorced from Robert for over twenty years. We share an adult son, are very civil to each other, and I even still own a fifty-percent share of the house we had before the divorce. Robert now has dementia and needs to live in a memory care facility. About ten years ago,

Protecting separate assets from Medicaid

Paul Premack

Jun 26, 2018

Protecting separate assets from Medicaid

This column first appeared in the San Antonio Express News on May 4, 2018. Dear Mr. Premack: If a Marital Property Agreement exists and finances have not been co-mingled, can the assets of one spouse be considered when the other spouse needs to apply for Medicaid assistance or is there a way to keep them from being considered or sheltered? – SS In this context, we are talking about using Medicaid to pay the costs of nursing home care for a qualified senior. In order to qualif

What is my mother’s real name? – and – Home maintenance costs under Medicaid

Paul Premack

May 21, 2018

What is my mother’s real name? – and – Home maintenance costs under Medicaid

This column first appeared in the San Antonio Express News on April 13, 2018. Dear Mr. Premack: My mother recently had her Will drawn up by an attorney. She gave him the name she has used for years, which is on her social security card, on her marriage license, on her bank accounts, and on her house title. Now that name is on her Will. I was at her house and found a copy of her birth certificate, and it lists a different first name (her birth certificate says “Eleanor Bonnie”

Paul Premack

Apr 13, 2018

MERP does not file liens on homes

This column first appeared in the San Antonio Express News on March 30, 2018. Your father died with a Will. The Will should, if properly written, nominate an Executor to handle the estate. The Will should, if properly written, allow the Executor discretion to sell any real estate so long as the net proceeds are used to fulfill the terms of the Will. The Executor is not restricted by MERP, since MERP has dropped its claim against the estate. MERP does not file any type of lien

Agent has new Duty to Preserve Estate Plan

Paul Premack

Jan 8, 2018

Agent has new Duty to Preserve Estate Plan

This column appeared in the San Antonio Express-News on January 5, 2018. Dear Mr. Premack: My grandmother made me a 25% heir of her estate in her Will. Three daughters with her first husband were left the other 75%. My mother, who had a different father, was not included as an heir. Grandmother died in late November 2017. After the funeral, I found out my aunt, who was Agent in my Grandmother’s Durable Power of Attorney, signed a Lady Bird Deed on my grandmother’s house and a

Paul Premack

Nov 29, 2017

Can MERP claim be avoided?

This column first appeared in the San Antonio Express News on November 14, 2017. Dear Mr. Premack: Our widowed mom was in a nursing home on Medicaid. She died this July. Her Will leaves her house to all her children. Last month MERP sent me a claim letter stating they will file a claim against the estate. We did not filed a hardship application. MERP has a contractor (HMS) that does their recovery and they are not being reasonable to our needs. They want private information l

House of Representatives passes high risk insurance plan

Paul Premack

May 8, 2017

House of Representatives passes high risk insurance plan

This column first appeared in the San Antonio Express News on May 5, 2017. The House passed H.R. 1628, the American Health Care Act of 2017, on May 4 and sent the bill to the Senate. Various Republican Senators have said that they find the bill to be unacceptable, that they will propose something different, and that they will not be in a rush. Hence, H.R. 1628 is likely to be stopped or significantly changed by the Senate. You said that you tried to actually read H.R. 1628. T

Medicaid block grants could hurt seniors

Paul Premack

Feb 15, 2017

Medicaid block grants could hurt seniors

This column first appeared in the San Antonio Express News on February 14, 2017. January 16 column. Can you provide us with any of the pros- or cons-, and how such a change to this ultimate safety net could affect Seniors of modest means? – PS Currently, Medicaid’s nursing home program is a joint federal-state program. The federal government sets standards for patients to qualify for benefits, and standards for what benefits are provided. The states manage the application pro

Is a Living Trust useful in Medicaid Planning?

Paul Premack

Jan 23, 2017

Is a Living Trust useful in Medicaid Planning?

This column first appeared in the San Antoni0 Express News on January 16, 2017. Dear Mr. Premack: My parents are in their 80’s and have set up a Living Trust to help them qualify for nursing home Medicaid should they need financial assistance when the time comes. I had read that trusts could be used to hide assets from Medicaid by naming the children as beneficiaries of the trust. I am wondering if this approach will work now that the government is about to be cont The future

Paul Premack

Dec 19, 2016

Homestead Limits for Texas Medicaid

Dear Mr. Premack: With regards to Medicaid, how many acres are allowed in a Homestead? Can there be a country road that runs through the property for the Homestead claim? KF Texas Medicaid regulations do not restrict the number of acres that can be counted as homestead. If there is a country road that runs through the property, the road is not considered to interrupt the homestead. Law does require that the homestead property be “contiguous” – that is, you cannot claim as hom

Paul Premack

Dec 5, 2016

Are Miller Trusts ethical?

This column first appeared in the San Antonio Express News on November 28, 2016. Would a Revocable Living Trust be a better option? Can he protect his house so it passes to the person named in his Will? – SM There are five fundamental requirements in order to qualify for Medicaid’s assistance with paying for a nursing home. The applicant must: 1) be 65 or older, blind or disabled; 2) be a US Citizen or legal resident alien; 3) be certified by a doctor as needing intermediate

Paul Premack

Sep 5, 2016

Several Readers’ Long Term Care Answers

MERP will make a claim when she dies. It is enforceable in probate court against her 1/2 interest. There are options to save the home, like an enhanced life estate deed or transfer of title to an adult disabled child. See an Elder Law Attorney for assistance. Dear Mr. Premack: What are the financial eligibility requirements for adult individuals living at home in Texas and not long term care? I can’t seem to find this anywhere on the web. How is household income looked at. Fo

Getting a Job under Medicaid’s income rules

Paul Premack

Jul 7, 2016

Getting a Job under Medicaid’s income rules

This column first appeared in the San Antonio Express News on July 6, 2016. When one spouse qualifies for Medicaid, the at-home spouse is allowed to retain no more than $2980.50 from all income sources. So, if you go back to work, your paycheck when combined with other income like your wife’s social security and your own social security, will be paid to the nursing home except for the first $2,980.50. Here is a no job example: assume your own social security is $1100/mo and y

Does a Lady Bird Deed supersede a Will and avoid Probate?

Paul Premack

May 26, 2016

Does a Lady Bird Deed supersede a Will and avoid Probate?

Read this column on MySA.com (the Express-News) by clicking here. This column first appeared in the Express-News on May 17, 2016. A Lady Bird Deed is a property ownership arrangement under which two legal actions take place: 1) the property owner (grantor) retains life estate while granting to someone else (grantee) the remainder interest, and 2) the grantor retains the legal right to rescind the remainder interest to recapture full ownership of the property. This right to re

2019 Texas Medicaid Income Limits & Asset Limits (2018 and 2019)

Paul Premack

Dec 24, 2015

2019 Texas Medicaid Income Limits & Asset Limits (2018 and 2019)

Long Term (Nursing Home) Medicaid Limits in Texas20182019Income Limit (one Medicaid patient)$2,250/mo$2,313/moIncome Limit (both spouses)$4,500/mo$4,626/moCountable Asset Limit$2,000$2,000Protected Resource Amount, minimum$24,720$25,284Protected Resource Amount, maximum$123,600$126,420Spouse Maintenance Allowance (MMMNA)$3,090/mo$3,160.50/moTransfer Penalty$172.65/day as of 09/01/2017$172.65/day as of 09/01/2017Home Equity Limit$572,000$585,000 Inexpensive Medicaid & Elder La

Paul Premack

Aug 14, 2015

Protecting Home Sale Proceeds

This column first appeared in the San Antonio Express-News and on MySA.com on 8-14-2015. When your mother applied for Medicaid benefits (which you likely did on her behalf) you opted to participate in a system that imposes severe restrictions in exchange for its aid. To qualify, your mother had to have very few assets ($2000 or less) excluding the value of her home. The home is exempt because Medicaid knows she needs a place to return if she recovers enough to be discharged f

Paul Premack

May 11, 2015

Does Son Pay Inheritance Tax when Elderly Mother Dies?

This column first appeared in the San Antonio Express-News and its MySA.com website on May 5, 2015. Dear Mr. Premack: I am in Liberty Hill, Texas. I have taken care of my mother due to Parkinson’s and Lewie Bodie dementia for two years. I can only work a few hours due to her dementia. I have been here for ten years due to my father’s ill health in the beginning. I promised my mother she would not have to move when he passed, and I am holding to that promise. But I am very con

Paul Premack

Dec 11, 2014

Title Transfer and Taxes under Lady Bird Deed

This column first appeared in the MySA Express-News on December 11, 2014. Dear Mr. Premack: My wife, as Grantee on a Lady Bird Deed, received ownership of her parents’ house after her mother’s death earlier this year. Her father is in a nursing home with no possibility of ever going home. Intentions are to sell the property upon her father’s death so that his desires of sharing the estate with two other siblings can be accomplished. My question to you is when she sells the pr

Paul Premack

Dec 3, 2014

Should Homestead Title be in Both Spouses’ Names?

This column first appeared on MySA.com (SA Express-News) on December 1, 2014. Dear Mr. Premack: My wife and I have been married for 43 years. We bought our home using a Veterans Land Board loan, so it is only in my name. Is it a good idea to keep it in my name or should it be in both our names? Why? Anything we can do to change it? We paid off the loan in full years ago. – CAJ The Texas Legislature created the Veterans Land Board Veterans Housing Assistance Program (VHAP) to

Texas Medicaid Income Limits & Asset Limits (2014-2015)

Paul Premack

Nov 7, 2014

Texas Medicaid Income Limits & Asset Limits (2014-2015)

NOTE: Update posted for 2016 Medicaid Limits (click here)MEDICAID in TEXAS2014 Amounts2015 AmountsIncome Cap (one Medicaid patient)$2,163 / month$2,199 / monthIncome Cap (both spouses are Medicaid patients)$4,326 / month$4,398 / monthCountable Asset Cap (one Medicaid patient)$2000$2000Countable Asset Cap (both spouses are Medicaid patients)$3000$3000Spousal Protected Resource Amount (minimum spousal impoverishment allowance)$23,448$23,844Spousal Protected Resource Amount (max

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