My husband and I are placing our home and assets into an irrevocable income only trust so we can be eligible for Medicaid.

A married couple should NEVER transfer their house in anticipation of Medicaid. Your residence is an exempt resource. That means if one of you are...

My wealthy friend from China wants me to help him to invest one million dollars in commercial property in NYC.

Rather then tell you to see a real estate attorney, I suggest a tax attorney (with real estate experience) is a better place to start. The real...

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Avoid capital gains tax by returning my mother's house to her?

It is not shady but it is wrong. If you transfer property to someone and they die and leave it to you within a year you get no basis step up. (it...

House was transferred from Mom and Dad to Mom a year ago. Dad went into nursing home 4 months later. Mom now got diagnosed...

I would not transfer anything right now. At this point, any transfer by your mother before your father has been on Medicaid for a month will be...

Is a trustee of a trust (who is also an attorney) in New York, required by statute to render an accounting of a trust?

Every fiduciary in NY is required to file an accounting upon request, as long as one has not been filed for the period in question (attorney...

I do agree with all of the answers. I would never deal with the Fraud Department without counsel. However, I recently has an interesting...

Applied for NYS Medicaid for my mom starting in Nov. She passed on Jan 9. Medicaid denied Feb. Am I liable for her debt?

Here is the deal. Federal law prohibits nursing home from asking for personal guarantees from family members. Additionally, in NY Medicaid recovery...

Unless there are provisions in the beneficiary designation, and/or a trust under the will, a guardian must be appointed in Surrogates Court. If...

In NYS, if you were on Medicaid and in a nursing home and passed away, does Medicaid try AGAIN to investigate your finances?

No. In NY Medicaid can only recover from assets in Mom's name alone. Joint assets, life insurance with a beneficiary and trust accounts are exempt...

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How to best choose an Elder Law attorney for Medicaid Planning?

Your sister is 100% correct. In NY, anyone can call themselves an Elder Law attorney. You have to research the attorneys credentials. At the...