Text Box: One Gateway Center - 9 South Pittsburgh, PA 15222 Text Box: Law Firm of Martin J. Hagan LLC Text Box: pendent or disabled child resides there. Holding on to the residence, regardless of its value, thus will not count against Medicaid eligibility. In light of this rule, it would be counter-productive to transfer the residence to the children prior to applying for Medicaid or to sell it outright, unless the cash was needed for other purposes. However, simply leaving the residence in the name of the Medicaid recipient may no longer be a complete solution. The state will have the right to recover from his or her probate estate all Text Box: When an older couple or individual becomes concerned about affording future nursing home care, they may be tempted to transfer the title to their residence to their children, assuming that getting the residence out of their name will hasten their eligibility for Medicaid. However, this would be exactly the wrong approach to take. Under Pennsylvania law, the equity value of a Medicaid applicant's principal residence is exempt for eligibility purposes, if he or she intends to return there or if their spouse or a deText Box: Medicaid payments made during life. If the recipient is the sole owner of the residence at the time of death, the family may end up having to sell the home at that time in order to pay the state’s claim. If you are interested in finding out more about the techniques that are available for removing the residence from the potential probate estate without violating the Medicaid rules, please call to schedule a consultation. Text Box: Protecting the Residence When Applying For Medicaid Text Box: 412-433-9996 412-433-9980 Fax mhagan@haganlaw.net Text Box:

DISCLAIMER

 

This newsletter is intended for informational purposes only, and is not intended to be used nor should it be relied on as legal advice.

DISCLAIMER

Martin J. Hagan is licensed to practice law in the Commonwealth of Pennsylvania. This website is intended solely for informational use and is not intended to solicit clients. Likewise, any information contained in or obtained from this web site is for informational purposes only and is not intended to be used as legal advice.

IRS CIRCULAR 230 DISCLAIMER:   Pursuant to Treasury guidelines, any tax advice contained in this website (or any link from it) does not constitute a formal opinion. Accordingly, any tax advice contained in this website (or any link from it) is not intended or written to be used, and cannot be used by any taxpayer, for the purpose of avoiding penalties that may be asserted by the Internal Revenue Service. You should seek advice based on your particular circumstances from an independent tax advisor.

Send mail to mhagan@haganlaw.net  with questions or comments about this web site.
Copyright © 2007 Martin J. Hagan, One Gateway Center - 8 South; Pittsburgh, PA 15222-1435
Last Updated: 06/29/07