ANNOUNCEMENT: I am pleased to announce that I am merging my law practice with Chace Ruttenberg and Freedman LLP. This partnership will allow me to provide the sophisticated services of a large law firm while maintaining the personal attention and efficiency of a boutique firm. For us, it will always be about serving our clients well.

Most states require that a will be recorded with the probate court within 30 days of death, but if there is nothing in the estate, there is no penalty for not doing so. In effect, no one cares.

The choice that is best for you will depend on your needs and the laws of your state. If you decide to rent and one of you enters a nursing home and you don’t have long-term care insurance, you will have to spend down your assets until the spouse in the nursing home qualifies for Medicaid. For information about Medicaid’s asset rules click here. If you buy a new house and end up applying for Medicaid, the house would likely not be counted as an asset, but the state may be able to put a lien on the home. For information on how Medicaid treats a home, click here and here. We strongly recommend that you consult with an elder law attorney in your state to find out the best course of action for you to take. To find an attorney near you, go here: http://www.elderlawanswers.com/elder-law-attorneys.

The answer depends on the circumstances. The husband could definitely have transferred his interest in the condo to his wife and she would have received all of the proceeds without problem. But in this case, the husband received half of the proceeds. At least technically, this made him ineligible for Medicaid from the moment of the sale. He can transfer his share to his wife, bringing himself under the Medicaid asset limit, but whether or not this puts his wife over her limit as a spouse depends on her other resources. Depending on the situation, she may need to spend down some these funds through permitted means, such as paying for items she needs, purchasing a qualifying annuity, or purchasing another place to live. If this is all done very quickly, Medicaid may or may not disqualify the husband. If it does do so, it will be for a short period of time. As you can see, the answer to this simple question depends on the facts of the situation and the application of the law in the particular state. We strongly recommend that you consult with a local elder law attorney as soon as possible. For a directory of attorneys, click here.

It depends on your state Medicaid agency. Some will treat such payments as repayments and shorten the ineligibility period imposed accordingly, or eliminate it entirely if you use the entire $50,000. However, others will only honor payments going directly to your mother rather than expenses paid on her behalf, and some will only give credit for a complete “cure” — the return of the entire $50,000. To know the practice in your state you will need to consult with a local elder law attorney. To find an attorney near you, go here: http://www.elderlawanswers.com/elder-law-attorneys.