Michigan Medicaid Planning Attorney

Planning for long-term care is not only about qualifying for Medicaid, it’s more about understanding how your assets may be treated during your lifetime and after death. A well-designed medicaid plan can help you make informed decisions before your health crises incapacitates you.

A medicaid planning attorney in Michigan can review your finances, family circumstances and your core goals. Our medicaid planning services start with proper planning with legal strategies that address medicaid eligibility, asset protection and medicaid estate recovery.

Asset Protection

What Is a Medicaid Asset Protection Trust?

A medicaid asset protection trust is an irrevocable trust designed as part of a long-term care plan. When properly structured by a medicaid planning attorney, an irrevocable medicaid asset protection trust removes certain assets from your countable resources after applicable rules and waiting periods are satisfied.

Revocable Medicaid Asset Protection Trust

Irrevocable Medicaid Asset Protection Trust

A revocable trust generally does not protect assets from Medicaid eligibility rules.

An irrevocable trust may provide different results, but transfers can have Medicaid consequences, including a potential penalty period.

A medicaid asset protection lawyer can help distinguish which type of trust best meets your finances and estate requirements. Our trusted medicaid attorneys explain how asset control is affected and how your medicaid plan interacts with your broader estate plan.

Medicaid Planning and Estate Recovery

What is Medicaid Estate Recovery?

Simply put, medicaid estate recovery is the state’s process of seeking repayments for certain medicaid benefits from the deceased beneficiary’s estate. But this also depends on the beneficiary’s circumstances, the services received and which assets are legally subjected to recovery.

A medicaid estate recovery attorney can review whether estate recovery may apply and whether any statutory exemption, deferral, or hardship provision may be relevant. A medicaid estate recovery attorney can also help families respond when MDHHS sends an estate recovery notice.

Crisis

Build a Plan Before a Crisis

Your strongest medicaid planning often begins before a nursing home admission or a medical emergency. Waiting until care is needed can limit your options and make the medicaid planning process complicated. Our medicaid asset protection lawyers can review your current assets and identify planning opportunities before any action is needed. At The People’s Firm PLLC, our experienced medical estate recovery attorneys can also help you understand how today’s decisions impact your estate plan.

The People’s firm

FAQ

What is a Medicaid asset protection trust?

A medicaid asset protection trust is an irrevocable trust used in medicaid planning to protect certain assets from being counted when determining medicaid eligibility for long-term care. However, the effectiveness of a medicaid asset protection trust depends on how it was drafted, finded and administered.

Do I need a Medicaid planning attorney?

A medicaid planning attorney can help determine whether you qualify for medicaid benefits while legally preserving assets for yourself. This is important because any mistakes made in asset transfer can result in medicaid penalties.

What is Medicaid estate recovery?

A medicaid estate recovery is a common question among Michigan families. It’s a process where the state makes an effort to recover certain Medicaid benefits from a beneficiary’s estate after they pass away.

How to avoid Medicaid estate recovery?

To avoid medicaid estate recovery you must plan in advance and work alongside a medicaid planning attorney. A practicing medicaid attorney will create a legally sound ownership structure, set up a trust or create other strategies that avoids medicaid estate recovery.

When should I speak with a Medicaid estate recovery attorney?

Speak with a medicaid estate recovery attorney before transferring assets, applying for long-term care Medicaid, or responding to an estate recovery notice.

Can an irrevocable Medicaid asset protection trust protect my assets?

An irrevocable medicaid asset protection trust may protect certain assets for Medicaid-planning purposes when properly structured, but it can also involve transfer restrictions, waiting periods, and other consequences.

Michigan Medicaid Planning Attorney