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Question: I have created a Medicaid Qualifying Irrevocable Trust and I am attempting to transfer my home to my trust. The bank which holds my mortgage has advised that they do not allow transfers to Irrevocable Trusts. Can they prevent me from protecting my house? What can they do?

Inheritance is the practice of passing property upon the death of a decedent. The rules of inheritance differ from state to state.

When someone enters a nursing facility, an application for Chronic Medicaid may be appropriate. The average cost of a nursing facility on Long Island is $15,000.00 per month. This type of cost would exhaust assets very quickly in most cases. Chronic Medicaid is the program that covers nursing home care.

The National Center on Elder Abuse defines financial exploitation, also known as financial abuse, as the “illegal, unauthorized or improper use of an older person’s resources for monetary or personal benefit, profit or gain, or that results in depriving an older person of rightful access to, or use of, benefits, resources, belongings, or assets.”

Question: I’m currently enrolled in a Medicare Advantage Plan and was told that I should switch to traditional Medicare, I am getting overwhelmed with all of the choices and options.

Question: My sister is the Executor of my mother’s estate. She had three children and we all share the estate equally. My sister sent me a Receipt and Release Agreement proposing a distribution to me of $50,000.00. I want the money, but I don’t feel comfortable signing the Receipt and Release. What should I do?

Question: Two years ago my sister used a Power of Attorney given to her by my mother to withdraw $100,000 from my mother’s bank account.

The government does not take the home of applicants who need assistance from the Medicaid long term care program. However, without proper planning, there is a potential that the government will not cover the cost of your care or will put a lien on your home during your lifetime or after you die as repayment for care that you received.

Question: I was chatting with friends over coffee this evening and someone mentioned the “right of sepulcher”. What exactly is that right?

My spouse and I live in our home in New York in the summer and we spend the winter at our condo in Florida. We are looking to do estate planning and also prepare for if either of us need long term care in the future. Should I see an attorney in New York or Florida?