Lawyer For Seniors

Hayward: (510) 247-2555
Pleasanton: (925) 847-0737
Email: Gene@LawyerForSeniors.com
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Article Category Articles For Professionals

Special Needs Planning & Divorce:

Enhancing The Quality of Life for the Spouse or Child with a Disability: A New Use For the Special Needs Trust John and Mary are going through a divorce in California. They have no children. Mary has not worked outside the home during their entire marriage of 10 years. She now suffers from Parkinson’s Disease Read Full Article

Article Categories: Articles For Professionals, Divorce & Special Needs Planning, Special Needs Planning

SNT’s Can Protect Public Benefits In Divorce. Revised

[This article originally appeared in the Legal Network News published by California Advocates For Nursing Home Reform, Fall 2017, Vol 28, No.3. It was designed for a readership of California Elder Law and Special Needs Attorneys. It has been updated and revised  as of January 7, 2021.] *** As Elder Law attorneys, we are all Read Full Article

Article Categories: Articles For Professionals, Medi-Cal Planning, Special Needs Planning

USING ‘UNAVAILABILITY’ TO REDUCE SPEND DOWN AND/OR SECURE RETROACTIVE MEDI-CAL ELIGIBILITY

Practice Note for Elder Law Attorneys: By Gene L. Osofsky, Esq  .[i] For purposes of determining the countable assets available to the individual applying for Medi-Cal, an asset which is “unavailable” enjoys – for the time that it remains unavailable –  the same status as an asset which is “exempt”.  We often think that an Read Full Article

Article Categories: Articles For Professionals, Elder Law, Medi-Cal Planning

How Will Tax Reform Impact Seniors and Persons with Disabilities?

The Tax Cut and Jobs Act (TCJA) is now officially law. Both the House and Senate passed the new tax reform bill in December with straight party-line votes and no support from Democrats. President Trump signed it into law right before Christmas. It is the first overhaul of the tax code in more than 30 Read Full Article

Article Categories: Articles For Professionals, Current Events, Estate Planning, Health Care, Tax Law

Proposed VA Asset Transfer Regulations Will Change Our Approach to Planning

On January 23, 2015, the Department Of Veterans Affairs issued proposed regulations which would make significant changes to the determination of Net Worth, the treatment of pre-application Asset Transfers, and the deductibility of medical expenses in determining countable income.  [1]  To the extent these become final, they will dramatically impact planning strategies that advocates have Read Full Article

Article Categories: Articles For Professionals, Medi-Cal Planning, Veterans Pension Planning

New SSI and Spousal Impoverishment Numbers Effective 01/01/2013, Per CMS

On November 16, 2012, the folks at ElderLawAnswers.com reported that the Center for Medicare and Medicaid Services just announced the “2013 SSI and Spousal Impoverishment Standards”,  effective January 01, 2013. If things are the same as last year, it will probably be a few weeks before CMS posts this on its website or in a location that is “citable”.   Likewise, it will likely be a Read Full Article

Article Categories: Articles For Professionals

Those Darned Bypass Trusts: What Do We Do with Them?

By Gene L. Osofsky, Esq. * An Earlier draft of this article was first published in the Legal Network News of the California Advocates For Nursing Home Reform, Volume 23 No. 2, Summer 2012. It was designed for Elder Law attorneys practicing in California.                                               ———— Bypass Trusts Pose Special Problems for Medi-Cal Planning By Gene L. Read Full Article

Article Categories: Articles For Professionals, Estate Planning, Medi-Cal Planning, Trust Administration

USING ‘UNAVAILABILITY’ TO REDUCE SPEND DOWN AND/OR SECURE RETROACTIVE MEDI-CAL ELIGIBILITY

                                            Practice Note: By Gene L. Osofsky, Esq., CFLS  Published in the Legal Network News, Fall 2010,  California Advocates for Nursing Home Reform For purposes of determining the countable assets available to the individual applying for Medi-Cal, an asset which is unavailable enjoys  for the time that it remains unavailable   the same status as an Read Full Article

Article Categories: Articles For Professionals

Repeal of Estate Tax May Warrant a Fresh Look At the Use of Disclaimers To Avoid Death Tax

The end of the estate tax during 2010 might only be a temporary reprieve. As the law now stands, for persons dying in 2011 estates valued above $1,000,000 will be subject to estate tax at very hefty rates rising as high as 55%. This circumstance suddenly creates the real possibility that estates valued at greater Read Full Article

Article Categories: Articles For Professionals

Protecting Marital Assets From Recovery: Using the “SPA” To Solve A Tax Problem For The Non-Citizen Spouse

By, Gene L. Osofsky, Esq., CFLS, Hayward, CA.     Published By California Advocates For Nursing Home Reform, “Legal Network News” , Volume 20, No. 3, Fall, 2009, (Reprinted Here With Permission)   When planning to avoid Medi-Cal recovery against marital assets where one spouse is in a Skilled Nursing Facility and receiving a Medi-Cal subsidy, a common technique Read Full Article

Article Categories: Articles For Professionals

Article Categories

  • General Articles (220)
  • Articles For Professionals (10)
  • Medi-Cal Planning (6)
    • Annuities (1)
  • Estate Planning (6)
  • Current Events (5)
  • Health Care (4)
  • Trust Administration (3)
  • Elder Law (3)
  • Tax Law (2)
  • Special Needs Planning (2)
  • Veterans Pension Planning (1)
  • Retirement Planning (1)
  • Divorce & Special Needs Planning (1)

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Serving The East Bay of San Francisco, and surrounding cities

 

TEL: (510) 247-2555
TEL: (925) 847-0737
FAX: (510) 247-0150

  

Other Resources

  • KDIA 1640 - Financing The Cost Of Long Term Care

Elder Law Blog

  • Protect Your Trust Against A Post-Mortem Contest
  • Are Your Estate Planning Documents HIPAA Compliant?
  • Does a Power of Attorney End On Death?
  • The IHSS Program: Financial Help for Care at Home
  • Consider Tax Savvy Year End Gifts To Family

Recent Articles

  • Special Needs Planning & Divorce:
  • SNT’s Can Protect Public Benefits In Divorce. Revised
  • New ‘Secure Act’ Makes Big Changes To IRA’s and Other Retirement Plans
  • The New CA Decanting Statute: Some Advisory Cautions *

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