123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Using A Promissory Note In Medicaid Planning

Profile Picture
By Author: Dale Krause
Total Articles: 15
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

The use of promissory notes in crisis Medicaid planning is becoming increasingly unpopular throughout the nation. In Arkansas, they are treated as trust-like devices, thus determined to be countable resources. The same is found in Colorado, New Jersey, North Carolina, and Oregon. In Ohio, if the terms of the promissory note prohibit or prevent the sale of the note, the assets given in exchange for the note must be considered improperly transferred. If the terms of the note do not prohibit or prevent the sale of the note, the assets given in exchange for the note are considered a countable resource, according to Ohio Administrative Code § 5101:1-39.

The most recent issue surrounding promissory notes is occurring in Michigan. Michigan caseworkers have been processing promissory notes as "partial cures" of gifts, which is not an allowable practice in Michigan.
I'm often asked to answer the question, "Is a Medicaid Compliant Annuity a better Medicaid planning tool than a promissory note?" Depending on the facts of the case, my answer could be different. For example, if the individual or community spouse only ...
... has cash assets, it makes better sense to use the Medicaid Compliant Annuity rather than a promissory note, in that the Medicaid Compliant Annuity will be controlled by the insurance company. The insurance company will guarantee that the monthly payments go out as scheduled, and the individual can rely on the income. On the other hand, if the individuals or community spouse has illiquid assets, such as a cottage - which is intended to remain in the family, the promissory note may make better sense than the Medicaid Compliant Annuity, in that there is no liquidity in which to fund the Medicaid Compliant Annuity.

In light of the increasing irregularities being found in the use of promissory notes throughout the nation, my recommendation of their use is limited to cases involving extenuating circumstances only.

Total Views: 330Word Count: 322See All articles From Author

Add Comment

Legal Articles

1. Quitclaim Deed Form In Maryland
Author: Carl Glendon

2. What Is The Difference Between Trust Amendment And Trust Revocation In Texas?
Author: Carl Glendon

3. Digital Mofa Attestation Services In Dubai: Fast, Secure & Hassle-free Document Verification
Author: Prime Global

4. Estate Planning Attorney Performs A Multifaceted And Profoundly Consequential Role
Author: Estate Planning Attorney

5. Trade Legal Advisory Services
Author: Kaden Boriss

6. Rental Lease Agreement In California
Author: Carl Glendon

7. Post-divorce Modifications In Florida: What Orders Can Be Changed And Why
Author: Grant J Gisondo

8. What Judges Consider When Approving Parenting Plans In Florida
Author: Grant J Gisondo

9. How Mediation Fits Into The Florida Divorce Process
Author: Grant J Gisondo

10. Trusted Litigation Law Firm Hyderabad For Legal Support
Author: Juris

11. Why You May Need A Parenting Arrangement Lawyer In Melbourne For Child Custody Matters
Author: Shan Lawyers

12. A Complete Guide To Advising On Labour Regulation In Kazakhstan For Businesses
Author: Haider

13. The Critical R​ole Of A Criminal Lawyer In Prot⁠e⁠cting Your Rights
Author: TracyMParker

14. Why Aeo Certification Gives Businesses A Competitive Edge In International Trade
Author: EXIM Consultants

15. Best Divorce Lawyer In Noida: Complete Guide To Hassle-free Legal Separation
Author: Unsaathi

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: