Healthcare & aging

Federal Medicaid rule: any uncompensated transfer of assets in the 60 months before a long-term-care Medicaid application can create a penalty period of ineligibility. This is the single most important concept in elder-law planning, and the biggest trap for families who try to 'just gift to the kids' late in life.

Irrevocable trust funded 5+ years before needing nursing-home Medicaid. After the 60-month lookback runs, trust principal is not a countable resource. Often the single most powerful non-insurance LTC strategy for middle-class families — but requires giving up principal access and careful drafting to preserve § 1014 step-up in basis.

Insurance that pays a daily or monthly benefit when you need help with Activities of Daily Living (ADLs) or have cognitive impairment. Traditional standalone policies have largely been replaced by hybrid LTC-life and LTC-annuity products under the Pension Protection Act § 844. Virginia and West Virginia both participate in the federal LTC Partnership program.

Federal Department of Veterans Affairs (VA) pension benefit for wartime veterans or surviving spouses who need assistance with Activities of Daily Living or are housebound. Not Medicaid — a separate federal program with its own rules. 2026 max benefit: ~$2,300/month single veteran, ~$2,727/month veteran + spouse, ~$1,479/month surviving spouse. Includes 3-year lookback on transfers (effective October 2018).

Revocable deed recorded during lifetime that transfers real property at death to a named beneficiary, bypassing probate. Available in Virginia since 2013 (Va. Code § 64.2-621 et seq.) and in West Virginia since 2023 (W. Va. Code § 36-12-1 et seq.). The cheapest, simplest probate-avoidance tool most homeowners never hear about — especially new in WV.