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Category: Medicaid
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Estate Planning for Unmarried Couples

Many traditional rights having to do with health care, taxes, and inheritance do not apply to unmarried couples, making estate planning even more important.

July 8, 2024
The Consumer Directed Personal Assistance Program and Family Home Health Aides

The Consumer Directed Personal Assistance Program (CDPAP) allows Medicaid long term care recipients to choose their own home care attendant, including family members, rather than hiring an aide from a home care agency.

July 16, 2021
What is a Marital Trust?

A marital trust is a type of irrevocable trust that allows one spouse to transfer assets to a surviving spouse tax free, using the unlimited marital deduction, while providing benefits not available if transferred outright. When drafting Wills for married couples, we usually include a Marital Trust to provide estate tax planning, spousal care, and Medicaid protection.

June 23, 2021
Inheriting a House with a Medicaid Lien

A Medicaid lien on a home must eventually be satisfied. Typically, a Medicaid lien is placed on real property when an individual is receiving benefits through the Medicaid program during his or her lifetime and still owns a primary residence.

June 11, 2021
How Are Promissory Notes Used in Medicaid Planning?

Have you ever heard of the “5-year lookback” and wondered what people are talking about? If you have, you are not alone.

June 3, 2021
Medicaid for Couples: When Both Spouses Need Care

Learn estate planning techniques such as the Medicaid Asset Protection Trust, spousal refusal, and exempt transfers that can be utilized when one or both spouses need Community or Chronic Medicaid.

June 2, 2021
Should My Parents Give Away their Home to Me?

Giving assets away during one’s lifetime is usually done for two reasons. The first is to reduce the value of one’s estate to avoid estate taxes at death. The second is to protect assets in the event one needs long-term care covered by Medicaid.

May 12, 2021
Update: Navigating the Changing Landscape of Community Medicaid

Important changes to the Community Medicaid program in New York State were enacted in 2020. Not all of the changes have been immediate and the fate of others remains uncertain.

May 3, 2021
Can I Transfer My Home if I am on Community Medicaid?

Given the changes to Community Medicaid, there are still a few unknowns regarding how New York State will handle certain issues. In April 2020, the State passed a new thirty-month lookback for all Community Medicaid applicants.

February 24, 2021
Paying Bills When You Have a Medicaid Trust

Question: My mother has an irrevocable trust she set up for Medicaid planning purposes. My sister is the trustee and she is paying moms bills from the trust. Is that correct?

February 22, 2021
What is Spousal Refusal?

Spousal Refusal allows the spouse living in the community to refuse to use his or her assets in calculating the eligibility of the spouse applying for Medicaid long term care. If one spouse requires nursing home care, the community spouse does not need to spend down all of his or her assets and become impoverished paying for care.

February 5, 2021

Our Blog

Thought Leadership

There is a BIG change on the horizon for asset and income limits for long term care Medicaid recipients.

December 14, 2022 Read Article

When residential property is owned by a trust, the trustee may sell the property if the terms of the trust permit it. The trust would be the seller of the property and the trustee must sign the listing agreement, contract of sale and closing documents.

September 23, 2022 Read Article