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Holland Ilene Mcburns
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Holland Mcburns’s Answers

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  • Is there any type of trust or asset protection we can establish to protect this money from Medicaid?

    My 88 year old, widowed parent is going to inherit my brother's estate of over $125,000 in Washington State. He has minor TBI related memory loss & cognitive decline due to age and an auto accident in 2004. He can do his ADL's but forgets to eat a...

    Holland’s Answer

    You should consult with an elder law attorney to protect his assets and qualify him for Medicaid. There are numerous strategies that can be invoked to protect him so that Medicaid can't take everything. Any transfer of funds between family members will be highly scrutinized by Medicaid. He can potentially pay his son for legitimate work done or care performed but you should consult with an elder law attorney to establish a legal basis to do so.

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  • I live in WA. I own a deeded time share in NY worth approx 40K. When I die, is probate required in NY?

    My overall estate vaue is over 40K

    Holland’s Answer

    Owning property in multiple states can lead to what is called "ancillary probate" which is a probate proceeding that is required in addition to the probate proceeding in your home state. This can be costly and time consuming. Some ways to avoid ancillary probate are 1) titling property in joint names with your spouse 2) titling property in joint names with others and 3) titling property in the name of a revocable living trust. I would suggest that you contact an estate planning attorney for a consultation.

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