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Syracuse Estate Planning Blog

Wills – self proving affidavit

When a person who has a Last Will and Testament dies with assets titled in his/her name alone, the Will normally must be submitted to the Court in a proceeding is known as “Probate.” As part of the Probate of the Will, the Witnesses who watched the execution of the...

Transfer of assets – court case

Under the Medicaid transfer penalty rules, any transfers made within five years from the date of the Medicaid application will be presumed by the Medicaid Agency to have been made for the purpose of depleting assets to qualify for Medicaid and subject to a transfer...

Transfer to child who went bankrupt

In 2002, a woman in Virginia transferred a portion of her life savings to her daughter for the specific purpose of protecting her assets in case she ever needed nursing home care. The daughter later filed for bankruptcy. The Bankruptcy Trustee demanded that the...