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What is a Medicaid “Look-Back”?

Understand the difference in look-back rules for Community Medicaid and Nursing Home Medicaid in New York, including rules regarding possible penalties.

Is it better to gift property before or after death?

While it may be tempting to gift your house now, there are tax consequences in doing so.

August 19, 2024
Can I Sell My House with a Lien?

A lien is a legal claim against real property by a creditor of the property owner, recorded in the county clerk’s office. The lien remains on the property until the property owner pays off the debt.

October 14, 2022
What to Do with the Proceeds from the Sale of a Property in a Medicaid Asset Protection Trust

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
There are no Lady Birds in New York State

Ever since the concept of individual land ownership emerged, passing real estate at death has existed in one form or another. Different states have different property laws that directly affect how real property passes at death.

September 12, 2022
5 Top Reasons Why Investment Real Estate Should Go into an LLC – Not a Corporation

When purchasing investment property, it is better not to own the property in your personal name. Both a Limited Liability Company (LLC) and a Corporation (Corp) offer creditor protection.

May 11, 2022
Joint Tenants with Rights of Survivorship Explained

When you buy a real estate with someone in New York State there are three ways you could take title: (i) as tenants in common; (ii) as joint tenants with rights of survivorship; or (iii) if married, as tenants by the entirety.

March 30, 2022
Fixing an Old Trust to Avoid Capital Gains Tax for Heirs

One of the most disruptive proposals put forth last year by Congress was the elimination of the tax-free basis step up at death. Luckily for many of our clients, the legislation was never enacted.

March 25, 2022
What’s the difference between a condo and co-op?

Condominiums (“condos”) and housing co-operative (“co-ops”) seem very similar. Generally, both are apartments within a multi-unit building. The major difference lies in the ownership structure.

February 4, 2022
Who owns the property when there is a life estate?

An ownership interest in real property is a combination of a bundle of different rights, the rights to possession, use, transfer, encumber and exclude. A life estate is a type of joint ownership of real property with ownership “split” between a present interest and a remainder interest.

January 5, 2022
What is ACRIS used for?

The Automated City Register Information System, more commonly referred to as “ACRIS”, is New York City Department of Finance’s online portal. The portal allows one to view property records (such as deed filings), calculate property taxes, apply for exemptions, and prepare transfer tax forms.

October 15, 2021