For those of you who have consulted with me, we have discussed the advantage of transferring your home to a Medicaid Asset Protection Trust (MAP), but rarely do we have time to discuss the issues surrounding the alternative, the deed to children with a reserved life estate in the parent When you think of your home, you think of Senior Citizen tax exemptions, enhanced Star exemptions, Veterans exemptions, capital gains exemptions, required gift tax filings, children’s creditors claims against your home…Read More
It has been awhile since I last communicated with you about the pending changes to New York Medicaid law. We are still awaiting the implementation of the 30 month community medicaid look back period to 10/1/2020, and the elimination of the designated Health Care Emergency permitting automatic Medicaid renewals. Clients may still utilize the Attestation of Income and Resources in their submission for Medicaid assistance, whether it be community (home care assistance) or chronic care (nursing home care). There are, however, noteworthy changes forthcoming…Read More
On December 15, 2020, Governor Cuomo signed into law changes to the NYS Power of Attorney as Chapter 323 of the Laws of2020 with Chapter Amendments. They will be effective on June 15, 2021. Currently, the Powers of Attorney require the exact wording from the statute to be effective and recognized. With this change in law, there has been a…Read More
A unique estate planning technique that takes advantage of the current 2021 Federal gift and estate tax exemptions of$11.7 million per person, or $23.4 million per married couple, (scheduled to expire in 2026 under the Tax Cuts and Jobs Act of2017) is the SLAT, or the “Spousal Life Access Trust.” For those individuals and/or couples who are concerned their estates…Read More
It has come to the attention of the Elder Law community of attorneys and their network of professional support, that hospitals and nursing home facilities in this state may be discouraging patients from seeking out legal advice when applying for Medicaid Assistance. More to the point, nursing home facilities are now taking on the Medicaid Applications for patients needing care…Read More
Medicaid is the payer of last resort for long term health care in your home or in a nursing home, if you are disabled. If you own more than $15, 450.00 of resource in 2019 you will not qualify. Income is also a qualifying factor. Cited below is an example of how one NYC couple chose to undertake a Medicaid…Read More
1. If you are ready to sell your home, make sure you have your deed, survey, title insurance policy, certificate(s) of occupancy, survey and mortgage information. As counsel, we need these to prepare the contract of sale and assess whether any action needs to be taken prior to closing.Read More
Many of my clients have chosen to protect their assets from the cost of long ten care by creating and funding the I “evocable Income Only Trust. After five years the assets in trust are not countable by Medicaid if one were to apply for assistance. The trust allows the creators to receive income for life, change their beneficiaries by…Read More
For those of my clients, 1) who need Medic aid assistance, 2) who did not undertake advance medic aid and estate planning, and 3) who have now lost the ability to adequately understand and appreciate the import of their actions, the cure may be GUARDIANSHIP. A family member without the legal authority to act for her loved one’s needs, may…Read More
With the passage of the Omnibus Reconciliation Act of 1993, a class of Trusts was created which neither affected the medic aid eligibility of the creator nor the beneficiary of the Trust: exempt trusts. So, for those individuals who may be disabled and receiving government benefits, such as SST (Supplemental Security Income) and Medicaid, a transfer of resources into a…Read More
MEDICAID ALLOWANCES 2015. Whether one needs Home or Nursing Horne Care, in 2015, art individual is allowed to keep $14,850400 in resources, pre-pay a funeral, retain or buy one car, and if at home, continue to reside at home, If one is not living at home, it may nevertheless be protected with proper planning, As for income, we can arrange…Read More
The law is finally catching up with what has been a proliferation of online data use, exchange, transfer, purchase, licensing, and communication. Has anyone ever thought of the problems associated with accessing a loved one’s email, social media communication, images, audio, video, music. books, etc.? Do domain names have value? Does a loved one have “Facebook Credits.” or advertising income…Read More
Clients are savvy enough to know what they want to accomplish when they arrive at my office. Avoiding probate is often a goa l, but by far and large, the greatest need i s to ensure the retention of adequate income and assets during lifetime, and a seamless transition of resources from their estates to their heirs, upon pa sing.…Read More
In the early 1990’s, the Robert Wood Johnson Foundation introduced a joint private/public program which would ensure that 100% of a medicaid recipient’s resources would be protected from the cost of longterm care once the policy was utilized. No planning! No transfers! It became known as the Partnership for Lone Term Care program, which was offered to all 50 states.…Read More
As you are all well aware by now, in 2011 Governor Andrew Cuomo assembled the Medicaid Re-Design Team to proffer proposals that would change the manner in which we undertake medicaid planning. The 2011 New York State Health Budget Bill, which expanded estate recovery, passed on April 1, 2011. Virtually any asset in which an individual (who had received Medicaid)…Read More
As you may be aware, a New Statutory Power of Attorney form is in effect in New York State by virtue of a change in the law. Chapter 644 of the NYS laws of 2008 made sweeping changes to Article 5 Title 15 of the General Obligations Law effective September 1, 2009, which technical corrections were followed by Chapter 340…Read More
As you are probably aware by now, effective September 1, 2009, a New Power of Attorney form is in effect in New York State by virtue of Chapter 644 of the laws of2008. It amends the provisions of the General Obligations Law (GOL) relating to the use of powers of attorney and creates a new statutory short form.Read More
I am amazed at the number of annuities my clients are encouraged to buy. Annuities have always been expensive (generous sales commissions), restrictive (prohibitive withdrawal penalties for up to 7 years) and ruthless (stealing your time and opportunities). Now that the Deficit Reduction Act of 2005 (DRA), effective February 8, 2006. has been adopted by New York State, the law…Read More
