Planning for Life

By Harry S. Margolis

In an important case, the Supreme Judicial Court rules that MassHealth may not seek estate recovery against the estate of a beneficiary more than three years after her death. In the Matter of the Estate of Jacqueline Ann Kendall (SJC-12881, December 28, 2020) involves a claim by MassHealth for reimbursement of $104,738.23 it had paid for the care of Jacqueline Ann Kendall before she died on August 7, 2014.

By Harry S. Margolis

Here's a note I recently received from one of the other attorneys in our office:

Was just on the phone with a client who worked with you in 1989. He came back in when his Dad died in 2005 and again now that that his Mom has died at age 102. His Mom had been in a nursing home covered by MassHealth. The house was protected with a life estate deed and $200,000 in savings was protected in an irrevocable trust. Nothing is going through probate and everything will receive a step-up in basis. Thought you would like to know you did a great job in 1989 and despite all of the changes in the law, it still worked. (Also I was in 4^th grade then, just saying, the firm does have longevity.)

With so much at stake, planning — and paying — for long-term care services such as assisted living or nursing home stays can be a confusing and anxiety-ridden process. Medicaid (known as MassHealth in Massachusetts) provides coverage for long-term care costs, including comprehensive coverage for skilled nursing home care and supplemental coverage for the cost of assisted living and home health care, but there are some common misconceptions about what MassHeath does and does not cover and who is eligible.

By Harry S. Margolis

In 2009, Evelyn E. Gries was hit by a car driven by Annmarie B. Hunt. Ms. Gries died about a year and a half later and a year and a half after that, her estate brought suit against Ms. Hunt. In another year and a half (there's a pattern here) at the end of 2013, the parties settled for the full amount of Ms. Hunt's insurance, $250,000. They stipulated to the dismissal of the lawsuit at the beginning of 2014.