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Medicaid Estate Recovery: Why You Received a Letter After a Loved One’s Death
When a recipient of homecare or nursing home Medicaid passes away, a state agency will send a letter to the recipient’s estate with the value of the services it rendered for the last ten years preceding the recipient’s death. However, recovery only applies to recipients who were aged fifty-five or older.
While no document is completely immune to a legal challenge, a Trust offers meaningful advantages over a traditional Will.
Because retirement accounts can often represent a significant portion of a family’s wealth, but also come with tax implications and distribution guidelines that are beneficiary dependent, beneficiary designations should be reviewed whenever an estate plan is created or updated.
Depending on your goals, it may make sense to transfer ownership of your whole life policy to a trust. Transferring ownership of a policy to a trust can support long-term care planning, estate tax planning, creditor protection, probate avoidance, and control over when beneficiaries receive death benefit proceeds.
A trust may contain the correct tax provisions, beneficiary protections, and fiduciary instructions, but the plan only works if the right assets are actually connected to the trust.
Probate is often triggered not by major assets, but by small details that were unintentionally overlooked.
Minors cannot be left assets outright in New York. Minor beneficiaries must inherit in trust. If a minor inherits outright, a guardian must be appointed by the Surrogate's Court.
A timeshare is an asset, like any other – and if you own one, you should consider implementing an estate plan that considers and protects it.
Estate planning is especially challenging for blended families. They must consider how an estate plan will impact the surviving spouse, biological children, and stepchildren.
Leaving instructions in your estate planning documents on how a seasonal property will continue to be used and/or owned after your death, can prevent friction amongst family members and ensure your investment can be enjoyed for decades to come.
Protecting one’s home in a Medicaid Asset Protection Trust (MAPT) is a common planning tool.
