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Questions Answered by Moshe Toron Esq
1 Answer | Asked in Estate Planning, Family Law and Elder Law for Ohio on
Q: Medicaid estate recovery

My mother-in-law received Medicaid benefits while she was in a nursing home. Upon her death the house and other assets were left alone as her husband was still alive. If us kids sell his house and vehicle before he dies will the state of Ohio stop the sale? If not, what happens when my... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Aug 1, 2022

If you sell the house now, Medicaid cannot take any of the sales proceeds, since your father-in-law is still alive. He can then spend the money as he sees fit on items for himself. Once he passes, then technically, Medicaid has a claim against the remaining funds from the sale. However, with some... Read more »

2 Answers | Asked in Estate Planning for Ohio on
Q: My sister is in my mom's will to inherit the house. Can the bank take the house from her to pay off the mortgage?

My mother lives in Ohio and her will says that all debts should be paid on her death. Does this mean paying off the mortgage before my sister can have it?

Moshe Toron Esq
Moshe Toron Esq
answered on Jul 25, 2022

If your sister intends to move into the house and make it her primary residence, then she is entitled by law to assume the mortgage. The law I am referring to is called the Garn-St. Germain Act of 1982 and is found here: https://www.law.cornell.edu/uscode/text/12/1701j-3

The relevant...
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1 Answer | Asked in Elder Law for Ohio on
Q: Can an adult in a nursing also be the power of attorney of another individual in a nursing home?

My father-in-law's oldest son is in a nursing home. He has handled financial matters in the past for his father but now they are both in managed care. Is he able to legally obtain power of attorney status over his father or is there a requirement for an individual to be mobile. We're in Ohio.

Moshe Toron Esq
Moshe Toron Esq
answered on Jul 15, 2022

He can be the Power of Attorney if he is competent.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Ohio on
Q: Hello. The final piece of property from my Fathers Estate was sold. As a beneficiary I received a distribution

of those assets. A small amount of money was left in the estate bank account. The property transferred to the new owners on April 1, 2022. The Executrix of the Estate asked the Probate court to extend the administration of the estate for another year on April 28, 2022 and put the reason for the... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 7, 2022

It is pretty routine to ask for an extension. The Executrix must prepare a final accounting and that can take some time. Also, a tax return might need to be filed for the profit from the sale of the house. That could be why the Executrix is holding back a small amount of funds.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Ohio on
Q: My Father passed away in 2020. The Estate Exemption for that year was $11.58 million. It was a small estate so it was

not used. Can the Estate Exemption be transferred to the heirs? What can be done?

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 7, 2022

It can only be transferred to a spouse. Also, it must be done within a short window of time.

1 Answer | Asked in Elder Law for Ohio on
Q: Vehicle options for Medicaid long-term with parent in managed care

When my brother filled out my dad's Medicaid paperwork I assume he included his vehicle in the non-countable assets. Currently, the vehicle is in front of my house while dad is in a managed care facility. Going forward, what are our options since I don't really ever see dad leaving... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 6, 2022

Medicaid will eventually take the car sale proceeds if sold after his death.

You can't add your name to the car. Otherwise, it will be considered an improper transfer and your father will be penalized by Medicaid.

While your father is alive, you can sell it for fair market...
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2 Answers | Asked in Estate Planning for Ohio on
Q: I owe more on my home then it’s worth. Does the beneficiary of my small life insurance have to use it on the house,

My house has foundation issues so no one will buy it.

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 6, 2022

No.

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1 Answer | Asked in Elder Law for Ohio on
Q: My dad recently moved into a managed care facility. My brother filled his Medicaid paperwork out so I don't know detail

What am I to do with his car? Sell it and hand the money to the managed care? Keep renewing the registration and pay insurance while it sits? I'm afraid to drive it myself since I don't want to cause any issues that would make my dad lose his Medicaid benefits and I fear getting in an... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 3, 2022

If you sell the car, the funds must be spent down within 30 days. It is not sufficient to just hand over the funds to the facility. Perhaps the funds can be used to pay for a prepaid funeral plan.

Also, if you let his house just sit there, then when he passes away, Medicaid will put a lien...
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1 Answer | Asked in Elder Law for Ohio on
Q: What to do if my father is considered a behavioral problem and a social worker can’t get a nursing home to approve admit

My father has dementia and when he was first put in a nursing facility and was disoriented became aggressive towards staff. He is now in a hospital for Alzheimer’s patients however he needs to be discharged at some point and nursing facilities who were contacted by the hospital social worker,... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 3, 2022

If he was in a nursing home prior to being admitted to the hospital, then he is technically still a resident of the facility. They must notify him in writing before he can be discharged from their facility. Once they notify you in writing, then you can appeal it. If you attend the appeal meeting,... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: Are bedrails used to prevent falls considered restraints in nursing homes in the state of ohio?
Moshe Toron Esq
Moshe Toron Esq
answered on Jun 2, 2022

There is no simple answer.

Here is a link to the regulation. https://codes.ohio.gov/ohio-administrative-code/rule-3701-17-15

Bed-rails are not specifically listed in the regulation as a restraint. However, a bed-rail certainly does restrain someone from free movement, so it can...
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My MIL died without a Will in Ohio. She owned her house out right. How can we transfer the title to her son?
Moshe Toron Esq
Moshe Toron Esq
answered on May 21, 2022

It needs to go through the probate court in Ohio.

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1 Answer | Asked in Estate Planning for Ohio on
Q: Can You Help?

My first cousin died. He left no will. He had no children. His wife, brother and sister are deceased. His parents and grandparents are also deceased. He has one living niece and one living aunt. He lived in Ohio. Based on this information, who do you think inherits his estate?

Moshe Toron Esq
Moshe Toron Esq
answered on May 2, 2022

1/2 TO HIS BROTHER'S CHILDREN, EQUALLY.

1/2 TO HIS SISTER'S CHILDREN, EQUALLY.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: Forgot to say in my previous post...

I forgot to say a few more things about that equity line of credit issue with my mother. Her house is in disastrous condition and is worth far, far less than what she owes the bank. So the bank simply taking the house, I don't think that will satisfy them, unless (I hope) by law that's... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Apr 6, 2022

It depends on the loan agreement.

In any event, you are not personally responsible for the loan.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: Home Equity Line of Credit -- Will I be responsible?

Years ago the bank made me a co-owner (joint checking account) of my mother's checking account. I wanted to just be POA to help pay her bills, but they made me a joint owner instead. She has a $55,000 line of credit on her home that she will never pay off. She is under hospice care and pretty... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Apr 6, 2022

They will foreclose on the house to get paid.

They can't go after you personally.

1 Answer | Asked in Elder Law for Ohio on
Q: Elder law Michigan/How to Protect Life insurance claim from nursing home if beneficiary is also a resident on Medicaid?

I am guardian of my aunt in Michigan, she is in nursing home in Michigan, and will need forever long-term skilled care, she is on Medicaid/Medicare/SS. She is the beneficiary to a life insurance policy, it can be claimed. I am trying to move her to Ohio as we are her last remaining family. A... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Apr 5, 2022

Im general, during the pandemic, Medicaid is not cutting people off Medicaid, if they are already on Medicaid.

You should speak to a Michigan elder law attorney to confirm this for Michigan.

If that is the case, then you would be able to claim the finds now and then apply for...
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1 Answer | Asked in Social Security and Elder Law for Ohio on
Q: My husband has a large pension/401k retirement fund as well as Social Security(SS). I am the sole beneficiary.

I only have Social Security. We are both 68 and retired. If he goes to a nursing home in the future, does all of his SS as well as pension/401k go to his nursing home bill, while I am left to struggle to make ends meet on just my SS?

Moshe Toron Esq
Moshe Toron Esq
answered on Mar 19, 2022

In Ohio, there are Medicaid rules in place to protect the community spouse. This includes rules regarding a fair split of all the income, as well as special rules regarding protecting a 401k.

However, there is a lot of confusion out there regarding the rules.

It is imperative that...
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1 Answer | Asked in Estate Planning and Elder Law for Ohio on
Q: Would being power of attorney for my mother make us financially responsible for any of her debt?

We are working on getting her on Medicaid.

Moshe Toron Esq
Moshe Toron Esq
answered on Mar 4, 2022

No, being power of attorney for your mother does not make you personally responsible for her debt.

It just allows you to help your mother pay her bills using her assets.

2 Answers | Asked in Estate Planning for Ohio on
Q: My father was part of a trust and his now deceased who owns his belongings tv furniture appliances tools etc

The trust was in his and his two sisters name

Moshe Toron Esq
Moshe Toron Esq
answered on Feb 12, 2022

Unless there is proof that the trust owned these items, then these become part of his probate estate and will be distributed as outlined in his will.

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2 Answers | Asked in Estate Planning for Ohio on
Q: My siblings and I were the recipients of my mothers house many years ago. The transfer says she may live there for the

Rest of her natural life. She is in a memory facility with no chance at recovery from her cognitive decline. May we sell the house?

Or must we board it up until her physical death?

Moshe Toron Esq
Moshe Toron Esq
answered on Jan 6, 2022

If her Power of Attorney document allows you to sell real estate, then you can sell it now.

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1 Answer | Asked in Elder Law, Family Law and Public Benefits for Ohio on
Q: Mom Medicaid for nursing home. Spouse living at home. They can’t take his house, right? What happens if he sells?

Elderly mom with Alzheimer’s disease needs 24 hour care. She is living in nursing home & needs Medicaid help to pay. Can her spouse sell their house in Ohio and use money left after mortgage payoff to buy another house or does he have to pay back Medicaid mom’s share of proceeds?

Moshe Toron Esq
Moshe Toron Esq
answered on Dec 13, 2021

He must first put the house into his name only. Then, if he sells his house, he can use the money to buys another house.

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