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Legal Updates

Elder Law Newsletter - August Legal Update


Chambliss Elder Law Newsletter is a bi-monthly e-newsletter of legal developments and other trends of vital interest to seniors and their advocates. This newsletter is brought to you by Peter Harrison and other members of the Elder Law Practice Group of Chambliss Law Firm.

Chambliss Law Firm Monthly Editorial

(c)(2)(B), or (c)-not-(2)(B)? That is the Question of Elder Law.
Remaining Eligible for Medicaid
by Peter Harrison
In 1993, Congress enacted major changes to Medicaid dealing with trusts. Among those changes was a provision found at section (c)(2)(B), laying out exceptions to the rules imposing Medicaid ineligibility for transfers of assets. The general rule for transfers in Medicaid is that you will be subject to a penalty period of ineligibility if you gifted away some or all of your assets within the 5 years prior to your application. This transfer rule forces you to make a choice:
  • Do you keep and spend down your assets to maintain your eligibility? Or...
  • Do you gift your excess assets away so your children have an inheritance and hope you don't need Medicaid before the 5 years pass? [Click to read the full story.]
The sold out forum featuring Next Avenue's 2016 Aging Influencer of the Year, Ashton Applewhite, welcomed over 200 attendees on Thursday, July 13 in Chattanooga, Tennessee. We had nearly 40 exhibitors, more than 20 speakers, and a diverse group of sponsors – all who are positively changing the way they serve the older community.

tax documents

Relief From Medicare's Part B Late-Enrollment Penalty Offered to Some

Medicare is offering relief from penalties for certain Medicare beneficiaries who enrolled in Medicare Part A and had coverage through the individual marketplace. Read more ->

arm wrestle

Are Trusts Still Useful If the Estate Tax Is Repealed?

With Republicans in control of Congress and the presidency, there is talk of eliminating the federal estate tax, which in 2017 affects only estates over $5.49 million, fewer than 1 percent of estates. With no estate tax, do you still need a trust? Read more ->

choice between long-term and short-term

Owe Back Taxes? The IRS May Grant You Uncollectible Status

Sometimes seniors find themselves owing past-due federal taxes they cannot afford to pay.  Although notices from the IRS can be especially frightening, there are solutions. Read more ->

Social Security Administration

How Medicare and Employer Coverage Coordinate

Medicare benefits start at age 65, but many people continue working past that age, either by choice or need. It is important to understand how Medicare and employer coverage work together. Read more ->