Michigan Elder Law Today

Illinois Judges says the Property in a Trust that Prevents Distributions that Interfere with Medicaid Eligibility is an Available Asset

In the case of Vincent v. Department of Human Services, an Illinois appeals court found that a trust that prevented the trustee from making distributions if it would interfere with receiving Medicaid benefits is an available asset for Medicaid eligibility purposes. 

Mabel Vincent created an irrevocable trust with her daughter, Janice Reed, as trustee. The trust gave the trustee discretion to determine when to make payments from the trust, but it provided that the trust must not use trust assets if Ms. Vincent qualified for Medicaid.
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Many people are willing to voluntarily care for a parent or loved one without any promise of compensation. Even so, a growing number of people in Michigan are entering into caregiver contracts (also called personal service or personal care agreements) with their family members. Having such a contract has many benefits. It rewards the family member doing the work.  For the older person, it may enable them to be cared for at home instead of in a facility.
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In Michigan, a decedent’s heirs are determined by applying the rules of intestate succession. If the decedent died intestate, these rules determine who will ultimately receive the residue of the decedent’s estate. There are several general rules of intestate succession that are used to identify heirs in all Michigan probate court proceedings.

First, a surviving spouse is given preferential status over the decedent’s other surviving relatives.  If there are no surviving descendants or parents of the decedent, the decedent’s spouse is the sole heir, even though the decedent may have left surviving brothers and sisters or other relatives.
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Siblings do not always receive equal shares of a parent's estate. Sometimes the inequality is intentional and sometimes it is accidental. Regardless of how it happens, it can cause arguments among the children. However, there are some steps parents can take to promote family harmony.

If you intend to leave your children equal shares of your estate, don't forget to consider any money or property held jointly with a child.
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 The basic premium for Medicare Part B will be $115.40 a month in 2011, up from $110.50 in 2010 (a 4.4 percent increase). But because there will be no cost of living benefit increase for Social Security recipients for 2011, most beneficiaries will be exempted from paying this increase and will instead pay the same $96.