Can We Have a Medicaid Lien Removed From My Father's House if He Returned Home Before He Died?
A Medicaid lien was never removed from my father’s house after he returned home from a rehab/nursing home facility in N...
Read moreA New York court has suspended the accountant and attorney who were acting as executors for the huge estate of reclusive heiress Huguette Clark. The court accused the men of violating rules of professional conduct and costing the estate millions.
Clark, the daughter of a former U.S. senator and a copper mining tycoon, left an estate of around $400 million when she died in May 2011 at the age of 104. Clark was a mysterious figure who spent the end of her life voluntarily living in New York City hospitals even though she owned several houses. She had no children, and her nearest relatives were half-nieces and -nephews -- the descendants of her father's first wife and children.
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Accountant Irving Kamsler and attorney Wallace Bock both worked for Clark for years, but there have been many allegations of misconduct surrounding them. After a series of reports about Clark's mysterious life by msnbc.com, the Manhattan district attorney's office began a criminal investigation of Kamsler and Bock's handling of Clark's finances. While Clark was still living, a New York court rejected a bid by her relatives to declare her incompetent and restrict Kamsler's access to her. (For more information, click here.)
Clark's death ignited a dispute over her estate. Her relatives are contesting her will, which left most of her estate to charity, but included a $30 million bequest to her nurse and gifts of $500,000 each to Mr. Kamsler and Mr. Bock. An earlier will -- written only six weeks before the final will -- had left most of Clark's estate to her relatives.
The New York public administrator, which was appointed by a court to be the third executor, filed court papers that accused Kamsler and Bock of "fraud and gross negligence" while working for Clark. According to the public administrator, the men failed to file tax returns for gifts from the estate for several years and then filed gift tax returns that contained significant errors and cost the estate millions of dollars in fines and penalties. (To read the full petition, click here.) On Dec. 23, 2011, finding Kamsler and Bock unfit to serve as executors, the judge suspended both men from administering the estate. The pair could have earned close to $8 million each in executor fees.
More articles about the case:
Lawyer, accountant for $400M estate suspended as executors
Judge bounces attorney and accountant from estate of heiress Huguette Clark
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Read moreIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MOREIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
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READ MORELearn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.
READ MOREUnderstand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.
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READ MORELearn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.
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