What funeral expenses can an Executor or Administrator pay in an Ohio Estate?

First, if there is a will provision dealing with funeral expenses, than an executor’s action are governed by the will provision. However, if the will does not deal with the issue of funeral expenses or an administrator is appointed, O.R.C. 2117.25 deals with the payment of funeral expenses.

Under 2117.25, an Ohio administrator or executor, may pay an amount, not exceeding four thousand dollars, for funeral expenses that are included in the bill of a funeral director. The probate court can approve an amount for expenses other than those in the bill of a funeral director. The administrator or executor… Read the rest

Medicaid Estate Recovery- What Should the Community Spouse do to Protect Herself?

When a husband or wife is approved for long-term Medicaid benefits, it is imperative that the healthy spouse/community spouse take steps to protect the recipient’s Medicaid eligibility.

After the Medicaid recipient is found eligibility for benefits, he is only permitted to have $1,500 in non-exempt assets in his name in order to maintain eligibility. Hence, it is critical that any surplus resources are transferred to the community spouse/healthy spouse before the annual review is conducted in one year’s time. If the couple owns real estate jointly, it is also recommended to transfer that… Read the rest

Medicaid Estate Recovery- What Happens After You Qualify from Medicaid?

When a person receives the benefits of long term care services under Medicaid, upon his death, his estate becomes subject to recovery from the state of Ohio through the Estate Recovery Program. The Estate Recovery Program represents the state’s effort to recoup the costs the state expended for an individual’s long term medical care per the Medicaid program.

Estate recovery begins upon the death of the recipient of long-term care services under Medicaid.

There are limits to estate recovery. Estate recovery cannot take place if the recipient’s surviving spouse or child is alive, if the child… Read the rest

Assisted Living Waiver Program- Alternative to the Nursing Home

The Assisted Living Waiver Program is an option for those looking for alternatives to the nursing home.

With the Assisted Living Waiver Program, Medicaid covers the cost of care while the individual pays for his “room and board” at the assisted living facility.

To be eligible, the individual must apply for Medicaid and meet the following requirements:
1. Be 21 or older;
2. Meet the Medicaid financial requirements;
3. Meet the medical needs requirements;
4. Live in a nursing home, receive care through another Medicaid waiver program or live in an assisted living facility approved by the Ohio … Read the rest

Ohio Military Divorces

If you or a spouse are a member of the military, receive military benefits or will receive them in the future and divorce is on the horizon, you should seek counsel with experience with military divorces.

The division of retirement benefits in a military divorce requires specialized knowledge.

Generally in a divorce, retirement benefits are subject to division between spouses. Military retired pay is no exception. The Uniform Services Former Spouses’ Protection Act (USFSPA) was passed by Congress in 1982. The USFSPA gives a state court the authority to treat military retired pay as marital… Read the rest