Medicaidโ€™s Five Year Look-Back Period

Anyone who has researched Medicaid planning has almost certainly heard of Medicaidโ€™s dreaded five year look-back rule. I am not exactly sure why out of all the idiosyncrasies of New Yorkโ€™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 canโ€™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 familiesโ€™ 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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Pooled Trusts: Medicaid Home Care While Preserving Income

Many New York City residents who are in need of community Medicaid services such as home care, adult day care, or prescription drugs find that they exceed New York Medicaidโ€™s 2025 income allowance, which is $1,800 a month for an individual and $2,433 a month for a couple (figures are for those aged 65+ or […]

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Protecting Your Home and Assets From Medicaid

I often see clients who are Medicaid recipients and are concerned that Medicaid may try to take their home or other property after their death. It is also a real concern to many elderly clients who are thinking about applying for Medicaid in New York. If you are one of the many people who are […]

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