Michael Gilfix Quoted in San Francisco Chronicle on Medi-Cal Estate Claims
Palo Alto, CA (Law Firm Newswire) September 2, 2014 – Michael Gilfix was quoted in the San Francisco Chronicle regarding unexpected estate claims by Medi-Cal and the ways families can protect themselves.
On August 24, 2014, the Chronicle published an exposé on the recent expansion of Medi-Cal’s little-known estate recovery program. According to reporter Kathleen Pender, the new Affordable Care Act (ACA) has expanded the number of Medi-Cal recipients subject to estate recovery.
Medi-Cal has long conducted a limited program that allows it to claim and recover assets from the estates of some deceased Medi-Cal recipients. However, as Pender pointed out, the ACA’s expansion of Medi-Cal eligibility means that many more recipients over the age of 55 may be subject to Medi-Cal estate recovery. This will likely include a large number of older or retired Californians with well-structured estates but low incomes.
Michael Gilfix, an estate planning attorney and expert on Medi-Cal recovery issues, pointed out that some assets could be protected from such Medi-Cal recovery claims. “There are certain ways to transfer a home out of an estate, although this can raise tax issues,” he commented.
With recovery claims that can range from hundreds of dollars per month up to what Pender calls “unlimited amounts,” the Medi-Cal recovery program can blindside an unsuspecting family and devastate their estate plan. The amount that Medi-Cal claims in recovery is determined by the type of benefits that were received by the deceased person.
According to the Chronicle, there is currently a bill awaiting a vote in the California State Assembly that would roll back some, but not all, of Medi-Cal’s ability to make these estate claims. The bill has been passed by the Senate, but Pender claims that it is uncertain whether Governor Jerry Brown will sign or veto the bill.
Facebook: Like Us!
- Gilfix & La Poll attorneys speak at NAELA Summi
Attorneys Michael Gilfix and Mark R. Gilfix of Gilfix & La Poll Associates appeared as featured speakers at two sessions during the 2016 National Academy of Elder Law Attorneys Summit in Newport Beach, California, on January 28 and 29. Michael Gilfix is one of NAELA’s original founding members. They addressed audiences of more than 100 […]
- How an IRA Trust can help avert disaster
By Attorney Elijah Keyes A father designated his son and daughter as the beneficiaries of his large retirement account. The daughter’s husband was physically abusive and the couple had been considering divorce. The father was adamant that his son-in-law receive nothing from his estate. After a very healthy life, the daughter was diagnosed with stage […]
- Home Care and Financial Abuse
Over 8 million older Americans receive care at home or in facilities by strangers. Some caregivers are trained and managed by home health care agencies. Others are hired privately in an effort to save money. Privately hired caregivers may charge as little as $12 or $14 per hour. Caregivers hired through an agency may be […]
- Avoiding fights over inheritance with revocable living trusts
When parents pass away without clear instructions in place about how to divide their assets upon their death, they may leave family members battling over inheritance for years. Such fights can cause rifts that are sometimes impossible to heal. A will contains detailed instructions on how a person wants their assets, such as family heirlooms […]
- Women bear the brunt of costs for Alzheimer’s care, says study
A study by Emory University researchers has found that women shoulder six times the cost of Alzheimer’s disease care than men. The greater burden in expenses is mainly due to the informal care that women provide to family members who have the degenerative brain disorder. Researchers examined three factors to calculate Alzheimer’s care costs using […]