Blog - Page 2 of 12 - Dutton Casey & Mesoloras, PC

Navigating Probate for Out-of-State Decedents with Illinois Property

When a loved one passes away, the administration of their estate can be complex—especially if they resided in one state but owned property in another. This situation often triggers what’s known as ancillary probate, a secondary legal process to administer the out-of-state property. For example, if someone died while residing in Florida but owned real […]

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The Look-Back Period: What You Need to Know About Medicaid Penalties

One area that causes a lot of confusion regarding Medicaid is the lookback period. What exactly does it mean for applicants? Unlike Medicare, Medicaid is a means-based program. In other words, you are only eligible for Medicaid if you have very few assets. The government does not want you to transfer all your assets on

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The Look-Back Period: What You Need to Know About Medicaid Penalties

One area that causes a lot of confusion regarding Medicaid is the look-back period. What exactly does it mean for applicants? Unlike Medicare, Medicaid is a means-based program. In other words, you are only eligible for Medicaid if you have very few assets. The government does not want you to transfer all your assets on

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Medicaid Estate Recovery and Payback Rules

Federal law requires each state to attempt to recover long-term care benefits from Medicaid recipient’s estates after their death. This is known as Medicaid estate recovery. If a Medicaid recipient had failed to protect their house, it may need to be sold to settle the claim. Who Does the Medicaid Estate Recovery Program (MERP) Affect?

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The Basics of Estate Administration

Estate administration is the process of managing and distributing a person’s property (the “estate”) after death. If the person had a will, the will goes through probate, which is the process by which the deceased person’s property is passed to his or her heirs and legatees (people named in the will). The entire process, supervised

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What is Spousal Impoverishment in Medicaid Planning?

Spousal impoverishment is a concern for older couples when one spouse needs long-term care and applies for Medicaid. If one spouse requires care in a skilled nursing facility and the other remains at home, the spouse at home might face significant financial hardships. The high costs of nursing homes combined with Medicaid’s strict income and

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After a Dementia Diagnosis: Preparing for the Future

A diagnosis of dementia, a category of diseases affecting memory and thinking that includes Alzheimer’s disease, can feel overwhelming and upsetting. You might worry that you will lose control over your life and ability to make your own decisions. Fortunately, receiving a diagnosis of dementia or Alzheimer’s does not mean that you cannot execute legal

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Navigating Medicaid Pending, Denials, and Appeals

In today’s world, it is crucial to have healthcare insurance. So, it can be concerning if your application status is still “Medicaid Pending.” Medicaid Pending status means that your Medicaid application or your parent’s application has not yet been approved or denied. Essentially, your application is in limbo. Here is why this status is important:

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Rights Retained by Adults Under Guardianship

Older people may need a trusted individual to step in and manage their affairs, should they ever suffer debilitating health problems like dementia, Alzheimer’s disease, and strokes. Adult guardianship can provide protection and assistance with certain decisions for an incapacitated individual — known as a “person under guardianship” — who may become unable to make

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Pros and Cons of a Medicaid Asset Protection Trust

A Medicaid Asset Protection Trust (MAPT) is one option in the area of Medicaid Planning a person may consider to protect their assets from Medicaid and nursing homes or long-term care. What Is a MAPT? A MAPT is an irrevocable trust created during your lifetime. (Note that you cannot revoke irrevocable trusts after you have

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