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Attorneys Lynn A. Dean & Tracy Poston Shows

3500 Douglas Blvd. Ste. 250 Roseville, CA 95661

(916) 786-7515

Estate Planning Services with Attorneys you can trust

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Legal Help Blog in Roseville

  • 15/11/2017 - Tracy Poston Shows, Estate Planning Attorney 0 Comments
    New California Medi-Cal Estate Recovery Laws Effective January 1, 2017 Restrict Recovery Against Member Estates After Death

    Under prior California law, Medi-Cal’s “Estate Recovery Program” could demand posthumous payment from deceased Medi-Cal enrollee’s estates who were aged 55 or older at the time Medi-Cal benefits were received. The Estate Recovery demand could include a broad range of medical costs paid during the deceased Medi-Cal member’s lifetime. According to the new California Medi-Cal Estate Recovery Program rules in effect January 1, 2017, Medi-Cal recovery is now greatly restricted. Amounts subject to recovery include a narrower range of Medi-Cal services provided to members aged 55 or older. Further, the State’s reach for collecting against the estate of a deceased Medi-Cal member’s estate has been severely restricted.  Highlights of the new Medi-Cal Estate Recovery include: 

    1. Surviving Spouses and Registered Domestic Partners are Protected. Claims for Medi-Cal Estate Recovery may not be made against a Medi-Cal benefit recipient’s surviving spouse or registered domestic partner. 
    2. Amounts Subject to Recovery are Restricted. Amounts subject to Medi-Cal Estate Recovery claims by the State are restricted to include only benefits aid for nursing facility services, certain home and community based services and related hospital and prescription drugs, for Medi-Cal members aged 55 and older. 
    3. Recovery Limited to Assets Subject to Probate. The State’s recovery is limited to only those assets that are subject to probate. This means that establishing an estate plan for Medi-Cal benefit recipients is critical to protect the member’s estate from recovery by the State after death. Contact our office to assist with any estate planning needs to take advantage of the new law. 
    4. Lower Interest Rate on ‘Voluntary Liens’. The interest rate for ‘voluntary liens’ signed by the heirs of the deceased Medi-Cal member will be significantly lower than the prior seven percent interest rate. 

    If you are a current or former Medi-Cal enrollee and would like to review a list of your medical expenses that may be subject to an estate recovery claim, you may submit a request once a year to the California Department of Health Care Services, Health and Human Services Agency to receive this information. To make such a request, file form 4017, along the required fee. The form and instructions are available online at this website (click here). 


    Please contact our office if you wish to schedule an appointment if you wish to receive legal advice specific to your particular estate planning needs. For general information available to public on the new Medi-Cal Estate Recovery law, resources are available the California Advocates for Nursing Home Reform website www.canhr.org or by phone at (800) 474-1116. You may also wish to read “New Rules to Limit Death Fees” (Sacramento Bee, Tuesday December 27, 2016 ).
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  • 25/09/2017 - Admin at Seasons Law, P. C. 0 Comments
    Free Estate Planning & Charitable Giving Seminar

    Lynn A. Dean & Tracy Poston Shows will be co-presenting on estate planning topics along with the Salvation Army Director of Gift Planning, Mitch McConkey. This event is part of the Salvation Army Lunch & Learn Seminar and will be held at the Auburn Corps Community Center.  Attorneys will be available for questions and answers on October 11, 2017 at this luncheon, but seating is limited.  Please see the flyer for more information.  Estate planning topics below are just some of the items to be discussed.

    • What are the benefits of a living trust?
    • Is probate court in my family's future?
    • What can I do for a child that can't handle money?
    • How can I use tax laws to my advantage?

    RSVP to: plan2give@usw.salvationarmy.org or call 888-214-8229.


    Dowload Flyer



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  • 23/05/2017 - Tracy Poston Shows 0 Comments
    Season of Change: The Advanced Health Care Directive for the 18 Year Old and The Parent

    High school graduates have had a summer of transition. Most have turned 18 or soon will. The back-to-school theme means gearing up for change; the seasons, moving away to college or travels away from home. There is excitement about the adventure and independence. In the eyes of the law, once a child turns 18 they are adults, living at home or not. Being considered an adult from a legal standpoint has many responsibilities and consequences. (For more on this, download a free pamphlet provided by The State Bar of California, “When you turn 18, A survival Guide for Teenagers").

    For parents and guardians, this milestone is met with some trepidation. Your adult child will now be making decisions independent of your watchful eye. Sometimes, accidents happen and there is a safety net you can implement that the law will recognize. The advanced health care directive is a legal document that gives you peace of mind should a medical emergency occur. Without an advanced health care directive, if you are notified your adult child has been taken to the emergency room, hospital officials will not divulge any information to you. This form of power of attorney allows you to have authority to make decisions for your child’s health if they cannot make decisions for themselves, and it give you access to medical records of your adult child which permits you to ask questions and get answers should something happen.

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