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The Shea Law Firm
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Don't get hit with the IRS recapture tax by structuring your alimony or spousal maintenance the wrong way.

http://thewoodlandsdivorce.com/2015/04/04/irs-tax-alimony-maintenance/
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Don't make this nursing home Medicaid mistake.

I continue to get these calls so I guess I need to keep spreading the word. When your family member enters a nursing home, you can do yourself a huge favor and at a minimum review their Medicaid eligibility status with an experienced attorney. Even if you don't hire them, get an opinion.

Why?

Many people continue to rely on nursing home staff to give advice about Medicaid eligibility and here is what happens. Family member enters a nursing home. You pay nursing home obscene amounts of money every month until it's all gone. You're doing that with the expectation at the end that they will take care of the Medicaid application. Where does it go wrong?

The huge problems arise when you have eligibility issues that they either don't spot at all, or don't spot until after the money is all gone. When that happens, they usually drop you like a hot potato and tell you to hire someone. And that is adding insult to injury since how are you going to hire someone after you gave the nursing home all the money?

You can easily avoid this by being pro-active.
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The federal government recently changed some of the regulations on nursing home discharges. One of the biggest changes was to clarify that nursing homes can no longer discharge a resident while they are #Medicaid pending.

This is a huge benefit for resident's in nursing homes applying for Medicaid where the facilities used to squeeze the families for private pay rates during the 2-3 month or more application period. Find out more at http://wp.me/p1qhIj-m6

#nursinghome #houston
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Community property laws do apply to income in a Texas #divorce. If your spouse spent their income on separate property expenses or an affair you can bring that money back into the case. Find out more at http://wp.me/pUIQo-el
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Next week we're going to look at some new nursing home federal regulations that came out to improve resident quality of life.

It may also be getting harder for nursing homes to demand payment while a Medicaid application is pending which is very big news. Stay tuned.
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Find out what Medicaid covers for Assisted Living in Houston, and more importantly, what it does NOT cover.

http://texastitle19.com/2016/08/23/medicaid-assisted-living/
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In their latest policy revision, the Texas HHSC made an important change on how it handles real estate owned or deemed to a nursing home Medicaid applicant.

In some cases, a nursing home Medicaid applicant uses a special "for sale" exemption to not have the HHSC hold the value of the house against them while it is listed for sale. I guess some people were taking advantage of this because we have some new rules on this.

Now, they say "an individual must accept an offer to buy the property that is at least two-thirds of the current market value of the property. If an offer is rejected, the individual must present evidence that proves the offer is unreasonable and that the individual is continuing to make reasonable efforts to sell the property."

If your family needs Houston nursing home Medicaid while selling a house, find out how to get it and also protect the proceeds of the sale.
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Any bloggers interested in doing some link building in the practice areas of elder law/Medicaid, divorce, or probate? Contact me if interested. All white hat stuff.

#Texas courts will not always enforce a divorce judgment obtained by you or your ex in another country. If the judge determines the foreign #divorce judgment was obtained through a process that violated the due process rights of either party it may refuse to enforce the foreign judgment.
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The legal techniques I can use to protect assets for an at home spouse are very important, but if the spouse who is not in a nursing home is not at home but in some kind of medical care facility those protections might not be available. I may still have other options, but they probably won't be as efficient as the at home spouse options.
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