News
- The Department of Social and Health Services has announced new rules for how Medicaid will treat annuities, including annuities that have been used to make one spouse eligible for Medicaid. Under these rules, the term of the annuity, in most cases, cannot be shorter than five years and the annuity must provide that if the spouse not on Medicaid dies during the term of the annuity, Medicaid must be paid back for care provided the spouse on Medicaid. It had been expected that the new rules would be effective for annuities established on or after November 1, 2008 but, because of a mistake in the rulemaking process, it now appears that the effective date will not be before April 1, 2009
- Effective May 1, 2006, major changes were made to Washington's Medicaid rules making them more restrictive, especially regarding transfers of assets and gifting. Additional changes at the state level, related to the Deficit Reduction Act passed by Congress in 2005, are expected later in 2008.
- Currently, the federal estate tax situation remains unsettled. The federal estate tax exclusion is scheduled to increase from the current $2,000,000 to $3,500,000 in 2009. Then, in 2010, the federal estate tax is repealed. If no new legislation is passed, in 2011 the federal estate tax returns and the exclusion amount drops back down to $1,000,000. It is expected that Congress will pass legislation providing more certainty about the estate tax, but that may not happen until 2009. The state estate tax threshold is currently $2,000,000. Unless the state legislature changes the law, the state exclusion will not change when the federal numbers change.
- The Supplemental Security Income (SSI) rules have become a little more relaxed. Receiving clothing is no longer considered as income and a car of any value, used for the recipient's transportation, is now considered exempt.
Resource Links
LEGAL
Estate Planning
- Wills - Informational pamphlet from the Washington State Bar Association
- Living Wills - Q & A from the Washington Law Help Website (Living Wills are also known as Health Care Directives)
- Revocable Living Trusts - Informational pamphlet from the Washington State Bar Association
- Power of Attorney - Q & A from the Washington Law Help Website
- Trusts - Informational pamphlet from the Washington State Bar Association
- Preparing for Death - Information on issues to consider when preparing for death, from the Washington State Office of the Attorney General
Medicaid
- Eligibility for Medical Programs - Income and resource standards for Washington State Medicaid and other government benefit programs
- Medicaid Regulations - DSHS Medicaid Eligibility A-Z Manual (majority of nursing home regulations can be found in the Long Term Care Chapter)
- Medicaid - The SSI Manual (called the POMS Manual) is helpful for questions on Medicaid as well as SSI
- COPES Rates - COPES reimbursement rates for various types of care
- DSHS - Office locator to help you find where to send your Medicaid application
- Care Facilities - Nursing homes and other care facilities in Washington State are listed on this site for the Washington Health Care Association
Probate
- Probate - Informational pamphlet from the Washington State Bar Association
- Once a Death Occurs - Information on issues to consider once a death occurs, from the Washington State Office of the Attorney General
OTHER LEGAL RESOURCES
- Washington Law Help Website - Helpful brochures on Medicaid programs, guardianships, wills, probates and many other areas of Elder Law in Washington
- Consulting a Lawyer - Informational pamphlet from the Washington State Bar Association
- Seniors Living in Western Washington
- Academy of Special Needs Planners
- Elder Law Answers
- Washington State Laws and Regulations
- American Bar Association Real Property Probate and Trust Estate Planning Information
- FindLaw
Hickman Menashe, P.S.Phone: 425-744-5658 | Fax: 425-744-6078 | |
Main Office:4211 Alderwood Mall Boulevard | Satellite Office: |
The law firm of Hickman Menashe, P.S., provides representation with regard to estate and incapacity planning, long-term care and Medicaid planning, special needs trusts, probate and estate administration, and guardianships and trust administration. We serve clients from Snohomish, King, and Skagit counties and elsewhere from across Washington from a main office in Lynnwood, which is close to Seattle, Shoreline, Lake Stevens, Edmonds, Bothell, Mill Creek, Everett, Monroe, Snohomish, and Marysville, and a satellite office in Bellevue, which is close to Mercer Island, Kirkland, Redmond, Woodinville, Renton, and Tukwila. | |