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Passing on Assets Outside of Probate: PODs and TODs

For a variety of reasons- people sometimes want some or all of their assets to pass directly to specific individuals upon their deaths- outside of probate.  One way to accomplish…

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The Trump Administration Allows States to Choose Medicaid Block Grants

The Trump administration has unveiled a plan to allow states the option to cap Medicaid spending using block grants. While this change does not directly affect nursing home residents on…

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7 ThompsonMcMullan Attorneys  Named to 2018 Best Lawyers® List

August 16, 2017 — ThompsonMcMullan, P.C. is pleased to announce that 7 lawyers have been included in the 2018 Edition of The Best Lawyers in America. Best Lawyers has published their list for over three decades, earning the respect…

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Medicaid’s Asset Transfer Rules

In Virginia, in order to be eligible for Medicaid’s long term care services or Medicaid expansion, you cannot have transferred assets for less than fair market value within five years…

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Most Caregivers Are Now Entitled to Minimum Wage and Overtime Pay

The federal government recently extended minimum wage and overtime protections to most home health care workers. If you are hiring a caregiver for yourself or an elderly loved one- you…

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Receiving an Inheritance While on Medicaid

For most people, receiving an inheritance is something good, but for a nursing home resident on Medicaid, an inheritance may be a mixed blessing. Most Medicaid categories, but not all,…

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Will You Lose Medicare or Medicaid if you Leave the Nursing Home to Visit Family?

Reunions- graduations- birthdays- and holidays: Whatever the occasion- nursing home residents don’t want to miss out on family gatherings- but may be afraid that they will lose Medicare or Medicaid…

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A Wrinkle in (Appellate) Time: Briefing Before the Record Is Transmitted

Since I recently wrote about the Record (sort of; time is relative), I wanted to piggy-back on that topic to explain a wrinkle in the appellate practice/rules dynamic. The Wrinkle…

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How Late is Too Late to Raise the Bona Fide Error Defense?

On March 22, 2013, the United States District Court for the District of Maryland addressed whether a debt collector can raise the bona fide error (“BFE”) defense for the first…

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IRS Clarifies Tax Status of Same-Sex Couples after Supreme Court’s Decision

The Internal Revenue Service has issued a ruling clarifying the federal tax status of same-sex couples after the Supreme Court’s Windsor decision last spring.  In Windsor, the Court held that…