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California Probate

California Probate Law

California Probate Code

California Probate Court

California Living Trust

California Special Needs Trusts

California Conservatorship

California Elder Law

Medi-Cal Eligibility Planning

Medi-Cal Recovery Planning

MEDI-CAL ELIGIBILITY - RESOURCE LIMITS:

The following property is generally exempt and therefore, not counted in determining Long Term Care Medi-Cal eligibility:

• The home: totally excluded, if it is the principal residence. The applicant must state an “intent to return to the home.” Includes mobile home, houseboat, or an entire multi-unit dwelling as long as any portion serves as the principal residence of the applicant. (See "Your Home & Medi-Cal" for more information)

• Other real property: may be excluded if it is used in whole or in part as a business or means of self-support (you should see an attorney if you have other real property).

• Household goods and personal effects: totally exempt.

• Jewelry: for a single person, wedding, engagement rings and heirlooms, and items of jewelry with a net market value of $100 or less are totally exempt; for spouses, there is no limit on exempt jewelry for determining the institutionalized spouse’s eligibility.

• One car is generally exempt if used for the benefit of the applicant/beneficiary or if needed for medical reasons.

• Whole life insurance policies with a total face value (also called “combined death benefit”) of $1,500 or less.

• Term life insurance: totally excluded.

• Burial plots: totally excluded, includes headstone, crypts, etc.

• Prepaid irrevocable burial plan of any amount and $1,500 in designated burial funds. These designated funds must be kept separate from all other accounts.

• Cash surrender value or balance of pension funds, IRAs and certain types of annuities (you should see an attorney if you are considering buying an annuity—call CANHR for a referral).

• Up to $2,000 in cash reserve, e.g. in savings, checking, etc., for the Medi-Cal applicant.

• Community Spouse Resource Allowance (CSRA) for 2005: the spouse at home can keep the first $95,100 in assets, and may be able to keep more if his/her income is below the Monthly Maintenance Needs Allowance (MMNA). For 2005 this amount is $2,378. Average Private Pay Rate (APPR) for 2005 is $4,812.

How to Avoid Probate

Information about Living Trusts

California Probate Code 13100-13101: Affidavit of Small Estate

Counties Served:

Los Angeles County

Orange County

Ventura County

Santa Barbara County

San Diego County

San Bernardino County

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.

Copyright 2005 Law Offices Of Sirkin And Sirkin. All rights reserved.
You may not reproduce materials available at this site for your own personal use or
for non-commercial distribution without express permission from Sirkin And Sirkin. 

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