Medicaid Asset Protection Trusts (MAPTs) in New York

Medicaid is both a federal and state program that will cover the cost of long-term care either at home or in a nursing home.  However, only those that meet certain income and asset limits are eligible for Medicaid benefits.  It is possible to become eligible by removing certain assets from your name, however, in the […]

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Dealing with Medical Debts in New York After Death

An unfortunate reality of life in this country is that a significant financial burden will almost always accompany a tragic medical diagnosis. Beyond the apparent worries about one’s own health and mortality, this leaves many ill Americans and those closest to them, concerned about what will happen to their medical debt when they pass away. […]

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NY Medicaid’s 2.5 Year (30 mo) Look-Back For Community Medicaid

Medicaid is a program that provides medical care coverage for low income individuals, children, pregnant women, seniors and the disabled. In addition, Medicaid also provides coverage for the elderly population residing in nursing homes and assisted living facilities as well as community based home care medical services. The Medicaid home care services program includes private […]

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Do You Qualify for Medicaid In New York?

When a client asks me if they can qualify for Medicaid in New York, I ask about their assets, income, living situation, and health. Some clients they may be able to qualify rather easily. Others may need to engage in some planning in order to qualify for Medicaid. Yet others automatically assume that they can […]

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Medicaid Planning for Parents in New York

As parents get older, children begin to take on the role of caretaker and assist their parents in making various medical and financial decisions. In fact, I receive more phone calls from children of seniors looking for Medicaid planning for their parents than from the parents themselves. They are looking to understand what they can […]

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Medicaid’s Five Year Look-Back Period

Anyone who has researched Medicaid planning has almost certainly heard of Medicaid’s dreaded five year look-back rule. I am not exactly sure why out of all the idiosyncrasies of New York’s Medicaid laws, the five year look-back is one of the most ubiquitous, but my guess is because it is one of the harshest. This […]

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Spending Down Assets to Qualify for Medicaid Nursing Home Care

Medicaid nursing home care is a means-based program, which means that the government looks at your income and assets to determine eligibility. Since you can’t gift away your assets and qualify for nursing home care for up to 5 years, elder law attorneys need to find creative legal ways for over-resourced seniors to qualify for […]

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Medicaid Planning with a Life Estate Deed

As we discussed in the previous article, in order to avoid Medicaid liens and estate recovery, elder law clients would be well advised to learn about their rights to protect their homes. This is true whether they need Medicaid home care and wish to avoid estate recovery, or whether they are planning for nursing home […]

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Medicaid Planning for the Home: Irrevocable Medicaid Trust

When it comes to long term care for seniors, our office recommends long term care insurance as the first choice. If that is not an option, planning for Medicaid becomes an important component of many families’ plans. While Medicaid allows seniors to own a home and still qualify for benefits, it is important to understand […]

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Drafting Wills & Trusts for Beneficiaries with Special Needs in New York

Michael and Joan came in to my Queens estate planning office to re-draft estate planning documents that they had prepared over a decade ago. Their wills, like those of many married couples, left everything to each other. If one of them passed away first, the wills had mirroring provisions which left 10% of the estate […]

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