In some circumstances, a Medicaid recipient, or even a person who is planning to make a Medicaid application, may be able to transfer their home to children who lived in the home with them for a certain period, and who provided a certain level of care during that period.
Until recently, it was quite clear in Oregon that a person could file for a divorce, even after a judicial settlement, and that the court could order something completely different in the divorce than was ordered or agreed on in the separation.
Some people wonder if they need a Will or other estate plan if they are ordinary middle class folks, or even people of moderate wealth, but who fall below the estate tax threshold.
Sometimes there is a situation where one side has filed a case in court first, and where the other side filed somewhat later, in another county, but achieved service on the first person first.
Some people decide not to have a Will because they expect to spend everything before they die.
While one can plan for this, sometimes death comes unexpectedly.
There might be a pandemic. Or, more prosaically, one might have a car accident.
In some circumstances, contacting Medicaid can start time clocks running.
In other cases, contacting Medicaid can stop a time clock.
A person can only file for a divorce in Oregon if the person or the person’s spouse has lived in Oregon for at least six months.
However, a person can file for legal separation immediately upon moving to Oregon.
If you and/or your spouse have non-joint children, that is to say, children who are not children of both of you, you need to know that if you die without a Will, the laws of intestacy in Oregon will result in half of your probate assets being divided equally among ALL of your children (includ
In some situations there is a question whether one is allowed to file a divorce case in Oregon. This can be an issue if you have recently moved to Oregon, or if your spouse lives out of state.
Some people wonder whether a Will is worthwhile, and worry about the cost.
Others wonder why they need a Will at all.
In general terms, Medicaid expects that a person who provides care for a relative does so for love and affection, and without the expectation of pay, either at the time of service or in the future.
Sometimes it does not matter who files first in a divorce situation.
Many people chose to have trust based estate plans, instead of relying only on Wills.
There are many good reasons to do a trust.
One reason is that a trust will often allow you to avoid probate after your death.
In Oregon, one can only file for divorce in a county where one party or the other lives.
The form of Advance Directives for Health Care in Oregon is set forth in statute.
In other states, Advance Directives for Health Care are sometimes called Living Wills, or Health Care Powers of Attorney.
Sometimes people put off applying for Medicaid far longer than they should.
This can result in far more money being spent paying for long term care privately than was necessary, if Medicaid could have stepped in earlier.
People sometimes wonder whether they gain an advantage by filing first in a divorce situation.
In some cases, the answer is yes.
Something that some people don’t think of relates to money passing to their children.
If you do not have a Will and are not married at the time you die, your children WILL get your assets (if you have children).
Many General Judgments of Dissolution (sometimes called Divorce Decrees) require retirement assets be split, or require some retirement assets to be transferred or assigned to the owner’s former spouse.
Some people believe that if they only have a small amount of assets they do not need a Will. While it is true that some assets can (with proper planning) pass outside of probate, and that other assets can pass with a small estate proceeding or affidavits of heirship, it is often difficult to