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2017 Articles

Pre-need & Chronic Medicaid

When someone enters a nursing facility, an application for Chronic Medicaid may be appropriate.  The average cost of a nursing facility on Long Island is $15,000.00 per month.  This type of cost would exhaust assets very quickly in most cases.  Chronic Medicaid is the program that covers nursing home care.  Medicaid is a needs based program which means there are resource and income requirements that must be met.  For 2017, an individual applying for Chronic Medicaid more »

Does Community Medicaid Cover Supplies?

Question: “I am considering applying for Community Medicaid for my mom in order to cover the cost of home health aides.  I heard that Community Medicaid might pay for certain supplies my mom could use in her home, is that true?” Answer: Yes.  The Community Based (Homecare) Medicaid program can assist families in paying for the cost of home health aides as well as other programs, supplies and equipment.  Once approved for Community Medicaid, the individual may be e more »

Buying and Selling Home in a Trust

Question: I put my house in an irrevocable trust two years ago to protect it in case I need nursing home care in the future. I now want to sell the house and use the proceeds from the sale to buy a condo. Can my trust sell my house and buy the condo? Answer: Yes, a trust can buy and sell property. Irrevocable trusts created for the purpose of protecting assets from the cost of long term care are commonly referred to as Medicaid Qualifying Trusts (“MQTs”). This is because Medica more »

Original Estate Planning Documents

Regardless of your age, the creation and maintenance of a thorough Estate Plan is essential.  An Estate Plan ensures that your needs, your family’s needs, and financial goals are met during your lifetime and upon your death.  A thorough and comprehensive plan should include a Last Will & Testament, Health Care Proxy, Living Will, and Power of Attorney.  For some clients the creation of a Trust is also practical. Through the creation of a Last Will & Testament and more »

Demystifying Chronic Care Medicaid

What does look-back mean? What is spousal refusal? Will Medicaid take my house if my husband has to go to a Nursing Home? All too often these are the questions we hear from our clients who are faced with having to navigate the Medicaid landscape in crisis mode.  In New York, the Medicaid program can provide a source of payment for those who are financially eligible and require care, either in a nursing facility or in their own home.  In order to be eligible for Chronic Medicaid (pa more »

Disqualification of a Nominated Executor

Q: My mother recently passed away. I have one brother and one sister. The will divides the assets equally among the three of us.  My mother’s will has nominated my sister as Executor. She’s had some financial problems in the past and I do not think that she should serve as Executor. Do you have any advice for me? A: The person selected to act as the Executor can be anyone that the testator wants to be in charge of administration of the estate. There is no requirement that t more »

Disqualification of a Nominated Executor

Q: My mother recently passed away. I have one brother and one sister. The will divides the assets equally among the three of us.  My mother’s will has nominated my sister as Executor. She’s had some financial problems in the past and I do not think that she should serve as Executor. Do you have any advice for me? A: The person selected to act as the Executor can be anyone that the testator wants to be in charge of administration of the estate. There is no requirement that t more »

Updating Your Estate Planning Documents

Q: How often do I need to visit with my estate planning lawyer? A: Many clients think of signing estate planning documents as an item to check-off of the “To Do” list.  This may be the case, especially for those who have not put anything in place.  However, it is important to revisit this process periodically.  Estate planning is a dynamic process that may need updating or tweaking based on changes to your family structure, health, day to day life, or the state of more »

Discussing Your Estate Plan Over the Holidays

Question: I just completed my estate plan and will be seeing my children over the holidays. What can I tell them about the role they will play as my Health Care Proxy, Power of Attorney, Executor and/or Trustee Answer: Congratulations on completing your estate plan! Now comes the fun part of sharing your wishes with your children. While it may not be the most festive of conversations, it is important that you discuss your plan with your children ahead of a crisis, so they are fully prepared more »

Power of Attorney and Digital Assets

Question: Should I update my power of attorney every few years even if my agents have not changed? Answer: Yes; powers of attorney, indeed all estate planning documents, should be reviewed periodically. This is because even though your wishes may not have changed, the law may have changed. Powers of Attorney are particularly important to keep current because, unlike the Health Care Proxy which confers broad authority to make decisions, the Power of Attorney must be on a specific form and e more »

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