BENHAM, REAM & STUDER CO., L.P.A. FREQUENTLY ASKED QUESTIONS

Q: Can the nursing home take my mom's home?

A: No. Nobody can take your home away, but the home might affect Medicaid eligibility, depending on the circumstances.

Q: What is a “look back” period?

A: The period where transfers and gifts may be considered improper and restrict Medicaid eligibility. The current period is 60 months.

Q: Should I put my house in my kids' names?

A: The answer varies from case to case. A house transfer may result in the loss of the homestead exemption, may increase insurance costs, or create capital gain tax at the point of sale. Review this with an elder law attorney.

Q: At what age can a child choose the parent with whom he wants to live?

A: The old right of election was removed from the law many years ago. A child's wishes are one factor a court will consider in a custody case, but not the only factor.

Q: I worked two jobs and have two pensions. My spouse never worked. Do I get to keep my pension if we divorce?

A: Generally, vested pensions earned during the marriage are considered marital assets and are subject to equitable division between spouses, regardless of who earned them.

Q: It there a formula or guideline for evaluating “pain and suffering” in personal injury cases?

A: No, but an experienced personal injury lawyer will help develop the case and present it in a manner that highlights and emphasizes the losses and damages compensable under Ohio law.

Q: Will the insurance representative offer me a “fair” settlement?

A: Attorney Ream is a former insurance claim manager. He believes there are adjustors who are fair minded and reasonable and others who simply rely on computer evaluations. When in doubt, have your case examined by an experienced personal injury attorney.