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My husband and I are placing our home and assets into an irrevocable income only trust so we can be eligible for Medicaid.
Robin's answer
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Answered on January 12, 2015
You need to hire an elder law attorney to draft your trust and explain the implications for Medicaid purposes and tax purposes. Sometimes it does...
Archived
My mom is on Medicaid community care. My dad has PA, trust & signed refusal letter. He has IRA accounts can medicaid go after
Robin's answer
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Answered on January 07, 2015
IRAs that are in payout are exempt, but the income distributions count towards Medicaid's income limits. Upon death, an IRA will go to whomever is...
Archived
Is my son with Irrevocable trust could be eligible for SSI?
Robin's answer
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Answered on December 02, 2014
You should consult a Special Needs/Elder Law attorney or go back to the SNT drafter. You can appeal SSI's determination about the trust. If HRA...
Archived
Single, about to get married; Want to give 300k to my parents so they can retire sooner, best way?
Robin's answer
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Answered on December 02, 2014
Speak to an estate planning and elder law attorney. Someone who knows both Medicaid/Elder law for your parents and estate planning for you. I...
Archived
My mother is 87 and $200 over the medicaid limit she needs a home aid. I am her daughter and I am blind. Can I set up a trust
Robin's answer
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Answered on November 24, 2014
If your mother is over the income limit, then she can enroll in a pooled income trust to complete her spend down. Any money not spent from the...
Archived
Does Medicaid look back want entire amount of gift returned?
Robin's answer
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Answered on October 27, 2014
Medicaid will penalize mother for giving away $100K. They do not factor in interest. Mom will have to figure out how to privately pay during the...
Archived
I know its a good idea to make a will. What else would someone need in order to feel their assets are taken care of?
Robin's answer
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Answered on October 13, 2014
Most important is a power of attorney, to manage your assets if you are alive, but incapacitated. You should also consider beneficiary...
Can I stipulate that two out of three agents of my POA agree rather than have all three act separately or in complete agreement?
Robin's answer
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Answered on July 29, 2014
I agree that you can provide this stipulation under "Modifications" but would also like to caution you that if you require two of your three...
New York State / rules for selling house with spouse in nursing home
Robin's answer
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Answered on July 29, 2014
If the homeowner wishes to sell, she will be converting the Medicaid-exempt resource( i.e. the primary residence of the Medicaid-recipient's...
Archived
My ex lives with her mother and grandmother who is 92 years old.
Robin's answer
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Answered on June 25, 2014
You do not specify whether your child's mother is in NYCHA, Section 8, or a private apartment. NYCHA and Section 8 have rules about "Remaining...
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