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Riverside Probate attorneys and Estate Planning attorneys


NOTE:   In order to provide the above services, it is often necessary for the Elder Law attorney to engage in the repositioning of assets, sometimes by court proceeding, and, at other times, by non-court procedures. Such repositioning is a means to an end, but not an end in itself.

One further note: Persons receiving Medi-cal benefits must co-operate and provide information to the Department of Social Services for an annual “re-determination” each year. The Elder Law attorney can provide this service. Last, but not least, occasionally the Elder Law Attorney must appeal an adverse Medi-cal ruling. The Elder Law practitioner can bring this appeal either through the administrative law process or through the regular superior courts.

Please be aware that Capital Gains Taxes impact the effort to protect the home from a Medi-cal claim for recovery after the patient or the surviving spouse passes away. A major part of the Medi-cal practitioners’ work is to move the home beyond the reach of a Medi-cal recovery claim, while at the same time, preserving the exemptions and exclusions from Capital Gains Taxation, that the patient is entitled to, while passing these benefits on down to the beneficiaries of the deceased patient. This is sophisticated work that should only be performed by a skilled Medi-cal Elder Law attorney.

www. applyformedi-cal .com

Medi-Cal and Medi-Care – this need arises at the time that a loved one can no longer care for themselves – usually their last days (which could stretch out to be their last years) Here’s the objectives:

  • To obtain qualification for Medi-Cal Benefits for the patient, so that the family doesn’t have to private pay – usually $5,000-$6,000.00 per month
  • To minimize the “share of cost” that must be paid from the patient’s income to the skilled nursing home
  • To maximize the income of the well spouse in situations where a married person (ill spouse) must enter a skilled nursing facility and qualify for Medi-Cal Benefits.
  • To protect the assets of the patient, principally the home, from a Medi-Cal Claim by the State of California after the death of the surviving spouse – This is probably the most important service that the Elder Law attorney provides.


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