NEW ADDRESS!
3100 W. Burbank Blvd. Suite 201
Burbank, CA 91505

Phone: (818) 241-4238
Toll Free: (877) 537-8283
After Hours: (818) 371-1284
Fax: (818) 507-0785

All legal work is exclusively provided by The LA Law Center, PC which is licensed to practice law in the State of California only.

This Web Site’s information is based on California law. This Web Site has been created only to provide general information and advertising regarding our firm’s services.

This information shall not be considered formal legal advice or the formation of an attorney-client relationship.

 
 

Medi-CAL Specialist Attorney
Prevent Medi-CAL Recovery!

Prevent Medi-CAL Recovery by Transferring Assets
OUT of Your Probate Estate!

“Failing to plan is planning to FAIL.” - Ben Franklin

The Medi-CAL Estate Recovery Rules in California are changing as of January 1, 2017. Here are the basics about preventing recovery, but it is important to discuss options with an experienced elder law attorney! Do not rely on any other professional or other type of attorney as you may not get the correct information! This is effective January 1, 2017.

We are happy to help your family get prepared in case you may need long term care in a nursing home and want to reduce private paying for this care and also preventing Medi-CAL from recovery! You have paid taxes for many years supporting Medi-Cal and other government program and we help you legally get some of that back when Medi-CAL is needed.

For a free phone or office consultation call (818) 241-4238

Estate Recovery Exemptions
Surviving Spouse/Registered Domestic Partner

If the Medi-Cal recipient is survived by a spouse or a registered domestic partner, a recovery claim is prohibited and forever barred. However, if the surviving spouse or registered domestic partner also received Medi-Cal services subject to recovery, his/her estate can be subject to an estate claim after his/her death.

Surviving Minor/Disabled Children

If the Medi-Cal recipient is survived by a minor child (under age 21) or a disabled child of any age (adult disabled child), the state cannot recover, and a claim is forever barred. The child does not need to be living with the Medi-Cal recipient, or be an heir to the estate. The disability needs to be proven!

Estate Recovery Limited to Probate Estate

The state can make a claim against the Medi-Cal recipient’s estate for the amount of the Medi-Cal benefits paid or the value of the estate, whichever is less. For those who die on or after January 1, 2017, recovery is limited to those estates that are subject to probate under California law. For example, assets transferred via living trusts, joint tenancies, survivorship and life estates will no longer be subject to recovery. A will, however, depending on the value of the estate, is usually subject to probate in California. It is best to talk to an elder law attorney about this to endure your assets are not recoverable.

Why Put Assets into an Irrevocable Trust?

If you are planning your estate to legally qualify for Medi-CAL, there is currently a 30 month look back on cash and a 5 year look back on real estate (for any property other than the residence). In California currently our LA LAW elder attorney and Medi-CAL experts can guide you through legally moving assets (money, stocks, real estate) in strategic amounts into an irrevocable trust and you can qualify for Medi-CAL as soon as transfers are completed with penalty factors reduced. Any assets in the Irrevocable Trust are not subject to probate…therefore not recoverable too.

In most cases we put the residence in the trust in case there is a need to sell the house to pay for care, before skilled nursing is required.

NOTE!: The Medi-Cal Estate Recovery Unit will occasionally sent out questionnaires to families implying that they are under a legal obligation to complete and return them. There is no legal obligation to return this form to Medi-CAL. Legally, the only obligation the family of a Medi-Cal beneficiary has is to send a notice of death and a copy of the death certificate and a copy of the checking account for the day of death when a deceased Medi-Cal beneficiary or the spouse of a deceased beneficiary dies. If you are an LA LAW client we can communicate with Medi-Cal Estate Recovery so you do not have to deal with this after the death of a loved one that was a Medi-CAL recipient. The best way to avoid an estate claim is to leave nothing in the individual name of Medi-CAL recipient.

These laws and rules are tricky! Call us for a free phone or office consultation! (818) 241-4238

Take advantage of a free phone consultation or appointment for a free 30 minute consultation to review your individual situation and determine if you would benefit from our experience and legal services.

Call us at: (818) 241-4238

 

We are highly experienced and caring law firm that has earned an excellent reputation as trusted California Estate Planning Attorneys, California Elder Law Lawyers, & California Assets Protection Attorneys - serving clients throughout California and specifically in Los Angeles County in Asset Protection, Probate, Wills, Living Trusts, Special Needs Trusts, Medi-Cal Asset Protection Irrevocable Trusts, Irrevocable Trusts, Charitable Remainder Trusts, Conservatorships, Guardianships, Medi-CAL Qualifications for clients with assets, protecting from Medi-Cal Estate Recovery, elderly care legal issues, Disability Planning. Our staff is trained to communicate with you making you comfortable about our progress and while we expedite your legal matters. Our clients are individuals and families generally located in Burbank-Los Angeles or Southern California area. We have successfully represented and assisted clients in Central and Northern California, as well as helping individuals in cities throughout the United States that have family members living in the state of California, with their legal concerns. We have a 100% success rate of helping families with assets qualify or keep Medi-Cal benefits in California. We occasionally love a road trip to help clients out of the immediate Los Angeles area.

 

 
 
 
 

Estate Planning, Elder Law, Medi-CAL Planning, Asset Protection, Wills and Trusts and Probate

LA Law Center, PC.,   3100 W. Burbank Blvd. Suite 201 Burbank, CA 91505   818-241-4238

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