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Frank Louis Buquicchio

Frank Buquicchio’s Answers

206 total


  • Will I be disqualified from Medicaid if I accept an outright $350k distribution from an estate?

    Is there a special estate planning technique that can be devised by an attorney, so I can take the money for my benefit? I am being advised by the executor's lawyer that I should consider disclaiming, but I want the money.

    Frank’s Answer

    You should immediately consult with an experienced attorney to discuss your options. You do have options that will vary depending on the type of Medicaid benefits your are receiving.

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  • I need a pooled trust for a Medicaid client, she has two sources of income , social security .and a pension. ss is deposited

    ss is deposited in wells fargo & pension is deposited in chase. One person is poa for both accts. I am looking for a quick svc & a reasonable fee George

    Frank’s Answer

    There Is a list of my pooled trusts at http://wnylc.com/health/entry/4/
    Our office has worked extensively with the Theresa Pooled Trust and to a lesser extent the NYSARC Pooled trust. The Theresa Trust is reasonable with fees and the application process is fairly quick.

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  • A NYS Medicaid recipient inherits money. Will NYS take from that inheritance to pay back earlier Medicaid costs?

    I'm a NYS resident who has been on Medicaid. I recently inherited some money, and will no longer qualify for the Medicaid program. Does NYS have the right to take from the inheritance to pay back the cost of medical bills while someone was on Med...

    Frank’s Answer

    I agree with the previous 2 answers. Things can be done to protect your inheritance and get you back on Medicaid, but you need to consult with an experienced elder law attorney as soon as possible.

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  • Selling a house with a life estate deed in ny

    My parents are still alive. They want to sell their house but they made a life estate deed transferring the house into my sisters and my name (4 total). We all want him to sell the house but will we have to pay capital gains on the sale?

    Frank’s Answer

    There are capital gains tax issues to be discussed for you and your sisters. You should consult with an experienced planning attorney and tax preparer for details.

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  • Can a preplan w/ a revocable trust be switched to irrevocable after an applicant has a scheduled pick up date in ny

    pick up date determined and all applicants resources transferred to spouse prior. Just realized preplan is revocable and this will put applicant over limit. Funeral home said it is easy to change to irrevocable now. will this effect eligibility of...

    Frank’s Answer

    Yes you can (and should) convert to irrevocable as soon as possible.

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  • Is it possible to remove or change beneficiary from irrevocable estate trust?

    how long it takes to be removed or changed?

    Frank’s Answer

    To supplement Mr. Berson's response, some irrevocable trusts have a special power (called a limited or special power of appointment) that allows the settlor of the trust to change beneficiaries.

    Consult with an experienced elder law attorney.

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  • Can one apply for medicaid as individual while being married?

    A husband's income does not qualify him for medicaid, but wife has no income. Can wife apply for medicaid and receive coverage only for herself?

    Frank’s Answer

    The short answer is yes. But there are other issues that need to be addressed (ie, assets and needs). Also, just because the husband has income (even if over the Medicaid allowance) doesn't mean he is not eligible for Medicaid if he needs it. You should consult with an experienced elder law attorney.

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  • Is is true that IRA accounts are beyond reach of medicaid regarding nursing homes?

    I am concerned with asset protection

    Frank’s Answer

    Medicaid has special rules for IRA/retirement accounts - you should contact an experienced elder law attorney to understand your options

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  • What will happen to my elderly parent's home should they need nursing home care? I live with them in their home.

    My parents are 89 & 90 years old. The 3 of us live in their home. Their will states I will inherit it upon their deaths. Should one or the other require nursing home care, what happens to the home? Will I still be able to live there or will th...

    Frank’s Answer

    There are things that can (and should) be done now - you should contact a local, experienced elder law attorney to assist you and your parents

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  • Can i give my fiance power of attorney so she can help me with any and all legal matters? Totally honest answers please.

    I work 3rd shift and honestly I sleep during the day when most normal or important things need done of course. I have such a hard time understanding what the support unit , banks, utility company's have to say not to mention everything automated...

    Frank’s Answer

    you can give power of attorney to anyone you choose - someone who you trust. You can also give them as much or limited power as you choose. you should speak with an experienced attorney about your options

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