» Michael Gilfix Quoted in San Francisco Chronicle on Medi-Cal Estate Claims

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!

  • Estate planning implications of winning the lottery
    Although winning the lottery can be exciting, it carries enormous estate and gift tax implications. Finances can dwindle away in no time if they are not managed properly. Lottery winners have the option of taking the prize as a lump sum or an annuity that is divided into 30 annual payments. California exempts lottery winnings […]
  • Why young adults should consider estate planning
    Under California law, once a child turns 18 years of age they are viewed as an adult. Entering adulthood involves taking steps to prepare for the unexpected, whether it is a sudden illness or a serious accident. No one likes to think of themselves in such terrible circumstances in which they are unable to make […]
  • Smartphone app helps nonverbal children communicate through symbols
    Predictive typing firm SwiftKey has launched a smartphone app that aims to provide special needs children with an easier way to communicate. SwiftKey Symbols is described as an assistive symbol-based communication app specially designed for children with autism and other learning difficulties. It can be used by other nonverbal individuals as well. The company’s contextual […]
  • California caregiver law aims to prevent elder abuse
    The law seeks to enhance the safety of elderly and disabled people who receive private home care services from a caregiver who assists them with daily tasks. Senior citizens can often be vulnerable to abuse, whether it is physical, sexual, mental or financial. Elder abuse can happen not just in a nursing home or other […]
  • Robin Williams’ family battles over estate
    Robin Williams’ widow Susan Williams settled out of court a lawsuit over the late actor’s estate last year. The highly publicized dispute with his children revolved around an estate worth an estimated $100 million. Disagreements over trusts and wills between family members tend to be fraught with strong emotions and can quickly escalate. Although a […]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required