Video Summary

 

How does a single person qualify for Medicaid coverage for skilled nursing care?  Well first, you have to fit certain criteria, one of which being either 65 years of age or older or a disabled adult.  You also must have residency status and be a resident of the state of Florida.  Now as long as you’re in a nursing home at the time of the application you will be considered a resident of the state of Florida.  You also must have citizen requirements.  You must be a citizen of the United States of America or you can be admitted as a permanent resident to satisfy this requirement.

 

Most importantly, you must have the medical necessity for skilled nursing care.  One may ask, how do you determine the medical necessity for skilled nursing care?  Well there will be a unit from the Department of Children and Family known as a Cares Unit that will come out to the facility or to your home if you’re currently living in your home when the application is made in order to complete an assessment to determine whether or not you are medically needy for skilled nursing care.

 

Also there are income and asset requirements to be eligible for Medicaid coverage for skilled nursing care.  This is probably the biggest area of concern for most people attempting to gain Medicaid coverage.

 

Well what are the monthly gross limits for Medicaid skilled nursing care coverage?  The limits did recently change after many years of remaining the same and the current monthly gross income for a single person applying for Medicaid coverage is $2,163.00 per month.  Now there are ways to get qualified for Medicaid if your gross monthly income exceeds the maximum allowance of $2,163.00 per month.  One way is that you can create a Medicaid trust.  This is also known as Miller Trust and this can be accomplished by our office.

 

The Medicaid trust allows individuals to deposit their funds on a monthly basis and to remit their portion of patient responsibility to the nursing home, thereby leaving any excess funds in the trust.  One caveat of the trust is the trust is irrevocable and upon the passing of the Medicaid applicant the state of Florida is subject to recovery of the money that remains in the trust.  But this is a very useful tool in qualifying individuals for Medicaid.

 

Also there is an asset requirement for Medicaid coverage.  The asset requirement is that your countable assets may not exceed $2,000.00.  The $2,000.00 in countable assets seems very minimal for most people who have worked very hard their entire lives to gain things such as homes or cars.  Well there are also exempt assets that are not counted as a quote-unquote countable asset for the determination for Medicaid.  Some of these exempt assets which are not countable assets include your homestead residence of value of up to $500,000.00 as long as the applicant intends on returning home, although the applicant in most situations never does return home.

 

Also you are allowed to have one vehicle regardless of age and regardless of value.  You may have a second vehicle but the second vehicle cannot be a luxury vehicle and it must be seven years or older.  You also can have life insurance policies; however there cannot be a cash value or a face value of more than $2,500.00 for the life insurance policies.  And also a non-countable asset would be a burial fund or a prepaid burial contract.  You can have an irrevocable funeral contract for any amount which is not considered a countable asset.  You also can have a separate account labeled, and it must be labeled burial account, with up to $2,500.00 which can be used for expenses upon your death such as plane tickets for your family members, meals, flowers, things of that nature to assist your family with these expenses.

 

If you’d like more information on how to qualify for Medicaid as a single person, please give me a call here at Waller and Mitchell.  The phone number is 727-847-2288 and we’d love to help you get qualified for coverage.

 

Video Summary

 

How does a married person qualify for Medicaid coverage for skilled nursing care?  Well the requirements for a married person are very similar to that of a single person.  First and foremost the applicant must be 65 years of age or older or must be a disabled adult.  The individual must be a citizen of the United States or a permanent resident.  You also must be a resident of the state of Florida but the residency requirement simply means that you must be in the state of Florida in a skilled nursing facility or in a care facility at the time the application is made.

 

You also must be medically needy and need skilled nursing care.  Well how is this determined, most people ask?  The Department of Children and Families has a special unit known as the Cares Unit that will come out to do a medical assessment after the application for Medicaid is received.  They will then determine whether or not the individual meets the criteria for the medical necessity portion that is required to receive Medicaid coverage for skilled nursing care.

 

There is also income and asset requirements similar to that of a single person.  The gross monthly income of the applicant cannot exceed $2,163.00 per month.  If the gross monthly income does exceed $2,163.00 per month, the good thing for a married couple, is that the applicant may defer a portion of their income to their spouse in order to qualify.  The combined total of both the applicant and the spouse cannot exceed $4,000.00 income per month.  If it does exceed $4,000.00 per month, we can set up a qualified income trust also known as a Miller Trust in order to qualify for eligibility to meet the income requirement.

 

There is also an asset limit for the applicant in a married situation.  In the married couple situation the individual cannot have more than $2,000.00 in countable assets.  However, the community spouse, also known as the non-institutionalized spouse, can maintain assets of up to $117,240.00.  And this obviously is the spouse that is at home.  Assets owned by either spouse must be pooled and the care giving or community spouse is entitled to certain exempt or non-available assets which include the personal residence.  Now again, the personal residence cannot have an equity value of more than $500,000.00.  They can also maintain a vehicle, one vehicle, any age, can be a luxury vehicle, and also a second additional vehicle which cannot be a luxury vehicle and must be seven years or older.

 

They also could maintain life insurance policies but the cash value or surrender value could not be greater than $2,500.00 for those life insurance policies.  And they can also maintain burial funds or an irrevocable, prepaid funeral contract.  The irrevocable prepaid funeral contract cannot be – excuse me.  It can be for any amount but the prepaid burial account cannot exceed $2,500.00 and this account can be used for pretty much anything associated with the burial expenses such as flying family members down from out of state, flower arrangements or anything that you may need in the process of a burial.

 

Also, the institutionalized spouse is allowed to keep personal needs allowance in the amount of $105.00 each month to pay for things such as toothpaste, hair care products, anything that may be necessary, toiletries for the institutionalized spouse.  And that has changed significantly as for many years it was $35.00 and in 2014 it did go up to $105.00 so people are very, very happy about that.

 

There is a lot of information regarding qualifications for married couples and I would love to give you more information.  Please contact our office if you have any further questions.  My phone number is 727-847-2288.

 

Video Summary

 

If you buy an existing mortgage from an investor, would the mortgage fall under the Dodd Frank Act or The Safe Act?  Well, first you need to determine whether or not it is an exempt transaction from Dodd Frank and under The Safe Act.  But you have to look at the loan at the time of its inception and do not believe that you would be able to say, “Well I purchased it from an investor and therefore Dodd Frank or The Safe Act does not apply.”  So it is my opinion, that you have to look at the loan at its inception to determine whether or not it is governed by Dodd Frank or The Safe Act and if it is, you are also going to be subject to all the defenses of the borrower and that that’s the purpose of these acts is to protect a person who is buying the home and you will not be insulated as a result of buying these loans from an investor.

 

If you have any other questions, I will try and answer those as far as Dodd Frank since it’s relatively new and there is a thousand-page act and I have not read the whole act, but basically talk about what loans are exempt from Dodd Frank.

 

Give me a call if you have any questions at 727-847-2288. Thank you.

 

Video Summary

 

Can a bank refuse to lend money if the home has radon?  The answer to the question is yes.  What they will usually do anytime there is a problem with the property itself; they will require the problem to be fixed, such as, if there is a roof that does not have a useful life.  In order for them to give a loan, they may require that the roof be replaced in order to give the loan.  That would be the same case as far as radon, in that they do not want to lend money if their collateral, which would be the home, would be impaired by any sort of defect, whether it be radon, whether it be a sinkhole, structural problems or not complying with the building code.

 

So the banks would not lend money because a house with radon is certainly not worth as much as one without radon and so it impacts the value of the home.  I might add that in the Pasco County, New Port Richey area of Florida, I have not encountered any properties with radon.  So we do have a radon disclosure, however I haven’t encountered that.  So I can only speak in generalized terms as far as what lenders would do but I can’t imagine a bank lending money if they are aware that there is radon on the property.

 

This is Roland Waller. Give me a call at 727-847-2288 if you have any other questions about buying or selling real estate.

 

Video Summary

 

Is a revocable trust, also known as a living trust, preferable to a will?  Well we need to look at why you’re setting up a trust.  Most people who are setting up trusts are setting up for the purpose of avoiding probate.  So in order to answer the question, first we need to see how your assets are titled.  If you have a husband and wife with a longstanding marriage and you own all your assets in your joint names, as husband and wife, well you do not need a trust and do not suggest you spend the money for it and a Will will do just fine because the assets will pass to the surviving spouse and therefore avoid probate which is the purpose of setting up the trust.  I then suggest you also have a will to cover any assets that might not be titled in the joint names.

 

Now, if you are a single person, we then look at the purpose of setting up the trust and if it’s to avoid probate, probate can be avoided by re-titling your assets such as if you have two children and you have a bank account and you wish the children receive the bank account, you have the account set up in your name payable on death, or called a POD account, to your two children so that when you pass away, the account will go automatically to your two children and avoid probate.  You also can even take care of your real estate such as your home by signing a life estate deed which allows you to retain control of your home and live there during your lifetime but provides that upon your death that it automatically vest in your two children.

 

Now, if you have a particular problem with one of your children, if you do not want them to receive your assets outright such as one that has say a drug addiction or if you have one that has financial problems or federal tax liens or any other basis that they cannot handle money and you want them to receive it over a period of time, then we may want to set up a trust to accomplish that.  Same thing if you have minor children.  If you say, “Well, I don’t want them to receive these assets because they’re under age,” or “I don’t want them to receive it at age 18,” those are all good reasons to set up a trust.  And if you are husband and wife, we can put in your will as a safeguard, a testamentary trust that says if your spouse predeceases you and you don’t get around to addressing it after your spouse dies, then you can set up a trust.

 

So that’s the long answer.  The short answer to this is, why are you setting up a trust?  And so once you define that question, well then we could answer that as to whether or not it’s preferable to a will or not and trusts are more complicated and cost more to prepare.  And most of the time we can re-title your assets to avoid probate and don’t suggest that you set up a revocable trust, a joint trust in any event.  So hopefully that gives you a lawyer answer to whether or not a trust is preferable to a will.  If you have some questions about it, give me a call at 727-847-2288.