Your state's pack. New issue every Monday. Bookmark it. I built this for the Virginia T&E solo who knows Title 64.2 cold but still loses an afternoon a week tracking the moving DMAS pieces — and Virginia is the home reference state for this whole series.
For licensed attorneys. This pack is general legal information and professional commentary for practicing attorneys — it is not legal advice, does not apply to any specific matter, and creates no attorney-client relationship. Verify every authority against the cited primary source before relying on it with a client. Published by Mike Moss, a Utah-admitted attorney, as an AI-enablement information product; it is not an offer of legal services and is not a representation that the author is admitted to practice in your jurisdiction.
Three developments I think actually matter to a Virginia T&E solo. Each has a read that lands on your practice specifically — and each comes with a reachable citation so you can verify it yourself before you use it with a client.
DMAS recovers correctly-paid long-term-care assistance from the estate of a recipient who was age 55 or older, after the death of a surviving spouse and with no surviving child under 21 or blind/disabled child (Va. Code §§ 32.1-326, 32.1-327; 12VAC30-20-141).
Virginia defines the recoverable estate by reference to property the decedent held legal title or interest in at death — so probate-avoidance structuring (TOD deeds, funded trusts) is the core LTC plan. Note the hardship waivers for a modest homestead or sole income-producing family farm/business.
Va. Code §§ 32.1-326, 32.1-327 · 12VAC30-20-141
Virginia adopted the Uniform Real Property Transfer on Death Act (§ 64.2-621 et seq.; optional form § 64.2-635). The surviving spouse's elective share is 50% of the marital-property portion of the augmented estate for decedents dying on or after January 1, 2017.
A TOD deed keeps the home out of probate without a lifetime transfer, but it does not defeat the augmented-estate elective share — run both analyses together so a probate-avoidance move doesn't blow up a spousal-protection plan.
Va. Code § 64.2-621 et seq.; § 64.2-308.1 et seq.
Maximum CSRA is $162,660 (minimum $32,532); Virginia applies the $752,000 home-equity floor; MMNA range $2,643.75–$4,066.50.
Two places this lands: community-spouse protection math and high-value-home clients. Flag the 2028 OBBBA flat $1,000,000 home-equity cap now.
42 U.S.C. § 1396p · CMS 2026 Standards (medicaid.gov)
This week in Virginia for the T&E solo with Cardinal Care / CCC Plus clients: what the Virginia State Bar, the Trusts and Estates Section, and DMAS Medicaid memos put in front of you.
The VSB CLE calendar, the Wills, Trusts and Estates Section, and the DMAS Medicaid memo feed all publish on different schedules. This is that sift, already done, with the link on each item.