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Mullen on Medicaid Liens

When a person received Medicaid (MassHelath) benefits, the state can try to recover any assistance  they have paid out  upon your death. This means  if you receive Medicaid assistance, when you die, the state can try and recover any money spent on your Medicaid from your estate.  MassHealth will place a lien on your property for payment they have […]

Tom Mullen on Probate

When someone passes away, ownership of their property is transferred to either their heirs or beneficiaries. If the deceased has written a will, then their assets and property will be passed down according to the stipulations of the will to the named beneficiaries. If the deceased did not leave a will, however, then the state will decide how their […]

What is Medicaid?

Federal Law defines Medicaid as health insurance for those who are needy. It is funded jointly by the Federal and State governments. It covers children, the elderly, as well as those who are disabled. Those who are eligible to receive income from the Federal government (SSI) are automatically eligible for Medicaid. Others must meet either strict income or asset […]

Attorney Thomas R Mullen on Life Estates

When writing a will, someone may also wish to leave property or funds to a loved one without going through probate. Simply writing the will is simply not enough to avoid probate. For those who wish to leave a home to their loved ones, but wish to make sure that probate is avoided, a life estate is a good […]

Special Needs Trust & Supplemental Needs Trust

In estate planning, people often wish to leave property or funds to loved ones who are on Medicaid, and /or those who receive Supplemental Security Income. Unfortunately, making such a person a beneficiary in a trust can sometimes jeopardize their right to continue receiving such benefits. In accident cases the Federal government can place a lien on the property […]

Durable Power of Attorney (DPOA)

The Durable Power of Attorney is used in estate planning to prepare for a time when you may become incapacitated. This could happen because of a physical injury sustained in an accident, stroke, or other medical issue, or because of a mental illness. While a regular power of attorney becomes null and void if the grantor becomes unable to […]

Medicare Secondary Payer/Medicare Set-Asides

Medicare A person may qualify for Medicare after the age of 65, or before 65 if they qualify for Social Security Disability Insurance as an injury victim. Once someone is considered legally disabled, it takes thirty months for them to qualify for Medicare. It takes about five months for a person who has been named as disabled to receive their […]

Thomas Mullen on Powers of Appointment

This article deals with trusts. A power of Appointment is the right to appoint or give away or change beneficiaries or one person’s beneficial interest. A non-general, or limited power of appointment lets a person, including the person who set up the trust (the grantor), give the assets to anyone except the grantor or the grantor’s estate or creditors.  […]

Tom Mullen on Wills

Most of us want to be remembered long after we pass away. We also wish to leave something behind to help out the next generation. As the end of our lives approach, we realize that accumulated blessings and wealth cannot be taken with us, but rather must be left behind. The idea of creating a will to designate exactly […]

Medicaid Fraud

Accusations of Medicaid Fraud Can Be Devastating. An accusation of Medicaid fraud by state employees can be very stressful… to say the least.  Send a letter to a scared caregiver, the one who signed a MassHealth Application, even though the nursing home or some other company hired by the nursing home actually filled out the […]