Legal Question in Wills and Trusts in California
Can the State of California Take it All
Our father has Alzheimers and is a total vegetable. Our mother died in Nov. 2004 and did not leave a will or trust. Our parents left their life insurance policies in each others' names.
There is a checking account with my brother's name and both parents' names. There are separate IRAs in each parent's name. My brother has Power of Attorney over my father because he cannot do anything like walking or talking.
The State of California has been paying for our father's care in a healthcare home. Medicare stopped paying for my father's care saying he has too many assets.
Is the bank account with our parent's names and my brother's name on divideable and if so, how?
We believe our mother's life insurance policy goes to our father and when he dies, the State of California will take both policies. Would the same be true for the IRAs?
Can the State of California try to make my brother and I pay for our father's care?
2 Answers from Attorneys
Re: Can the State of California Take it All
We are an Estate Planning firm located in Pasadena, CA so we have years of experience in exactly your situation. I'd be happy to review your information for you free of charge.
Please contact me at my office at 626-578-0708 extension 4 or through my firm's site at www.No-Probate.com.
Scott
Re: Can the State of California Take it All
The state cannot force you to pay for your father's care. However, it can force him to use all of his available assets to pay for his own care before they will support him.
You did not say whether your brother has a financial power of attorney or a healthcare power of attorney. If he has a financial power of attorney he may (depending on exactly what the power of attorney says) be able to gift away some of the money in the bank account so that it's no longer considered an asset of your father's. However, doing that will create a penalty period when your father will not be eligible for Medicare.
This is a complicated situation and exact answers for your questions will depend a lot on the documents that are in place. I think you would be much better off finding a local attorney who specializes in Elder Law to help you work through these issues. It is possible to go to Probate Court and ask a judge to approve estate planning measures for your father that would allow some of his assets to be shielded from the state's claim(s) for Medicare.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
