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2024 Strategies for Long-Term Care Planning in New York

With 10,000 baby boomers turning 65 every day, long-term care planning has become an increasingly important issue across the United States, including in New York. As the population ages, more individuals will require long-term care services and supports, highlighting the need for prudent planning to cover future care costs. There have been recent developments in New York on Medicaid eligibility rules and asset protection strategies.

April 16, 2024
IRAs: Are They Income or a Resource?

Question: My mother is a widow and she lives with me. She has an IRA with $10,000 and about $2,000 in her checking account.

August 10, 2020
The Community Medicaid Program in New York State

The Community Based Medicaid program assists applicants in paying for the cost of nursing home level care while remaining in their home. The Medicaid home care program can also pay for certain adult day care programs and needed medical supplies.

August 6, 2020
Should You be Applying for Medicaid Before the October 1st Deadline?

The Fiscal Year 2020-2021 Budget for New York State was signed in April 2020. Among other changes, the budget put into effect changes to the Social Services law which will impact eligibility for, and administration of, the Community Medicaid program.

August 5, 2020
Change is on the way for Community Medicaid Long-Term Care

The rules for applying to Community Medicaid in New York State to cover the cost of long-term care are undergoing an overhaul. Laws signed in April 2020 amend the application process for these services as well as other parts of the Medicaid program.

August 5, 2020
How to Leave Assets to a Spouse with Alzheimer’s Disease

More than five million seniors in the United States have been diagnosed with Alzheimer’s disease. Caretaker spouses agonize over what will happen if they were to pass away leaving their husband or wife without someone to care for them.

August 5, 2020
The CARES Act Suspends RMD Requirement but not for Medicaid Recipients

The Coronavirus Aid, Relief, and Economic Security (CARES) Act passed a couple of months ago is mostly known for the economic relief provided to individuals and businesses. However, the new law also suspends the requirement to take required minimum distributions (RMDs) for this year, even for inherited IRAs.

June 3, 2020
Guidance on Stimulus Checks for Medicaid Recipients

As everyone is now aware, pursuant to Section 2201 of the CARES ACT, a relief payment in the form of a refundable tax credit for 2020 has been (or will be) sent to eligible individuals. The payment amount will vary depending upon income, marital status and dependents under the age of 17.

May 13, 2020
Revocable and Irrevocable Trusts for Assisted Living

Our elder law specific estate planning sometimes involves both a revocable and irrevocable medicaid asset protection trust to provide flexibility for the unknown future. One issue that comes up is when a client enters an assisted living facility is which trust can help pay the costs of the facility.

April 21, 2020
Pooled Income Trusts

Many individuals have heard of the trusts used in estate planning, such as an Irrevocable Trust, Income Only Trust, or Medicaid Asset Protection Trust. However, there is a trust not so commonly known, a “Pooled Income Trust” which can be established by Medicaid applicants.

April 20, 2020
Protections for the Well Spouse: Spousal Allowance & Refusal

Question: My husband may soon need a Nursing Home. I have been told that if he needs to go to a Nursing Home, we will have to spend down all of our assets before he can be eligible for Medicaid benefits, is this true?

April 18, 2020

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