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FAQ
- Can Family Trust assets be changed?
- Can I make annual $14,000 gifts to my children without a Medicaid transfer penalty?
- Can I prepay for my funeral without affecting Medicaid eligibility?
- Can I use the assets in my Family Trust?
- Do I need a lawyer when I apply for Medicaid?
- Do I need an attorney who practices extensively in Medicaid law?
- Do I need to have enough funds to pay privately for a year or two in order to get into the nursing home of my choice?
- Do I select my trustee?
- Does a Family Trust replace my Will?
- Does a Revocable Trust protect my life savings?
- Does my Family Trust have a name?
- Does the family automobile have to be sold to qualify for Medicaid?
- Does the Medicaid five year look back period apply to home care and assisted living or just nursing home care?
- Does the Trust have to be Irrevocable?
- How Do I Create a Family Trust?
- How does Medicaid treat annuities?
- How much in life savings do I need in order for it to make sense for me to set up an Irrevocable Trust?
- I am a widow and in ill health. I was told that my life savings of $50,000 is not worth saving. Can you help me?
- I have an adult child who is disabled. Can I transfer my life savings to that child without affecting my Medicaid eligibility?
- If a person applies for Medicaid will that person be allowed to keep any savings?
- If a person qualifies for Medicaid, will Medicaid pay for nursing home or hospital care?
- If I have long term care insurance, do I need to worry about losing my life savings to Medicaid?
- If the applicant for Medicaid has a spouse, must the spouse's income and assets be included?
- Is a child legally responsible for the support of a parent?
- Is it better to transfer my life savings to my children or to a Trust?
- Is it easier to get into a nursing home from a hospital than from your own home?
- Is it possible for me to transfer assets to my children and still be eligible for Medicaid?
- Is legal assistance necessary for the preparation of a Family Trust?
- Is my life insurance safe from Medicaid if I need to enter a Nursing Home?
- Is the community spouse legally responsible for the support of the spouse receiving Medicaid?
- Is the Medicaid Application a legal document?
- Is the person serving as my Power of Attorney personally financially liable for my nursing home bills?
- Must all funds in a joint account be spent before a person is eligible for Medicaid?
- My Dad is in a nursing home and we have done no planning, is it too late to protect his life savings from being lost towards the cost of his care?
- My daughter has been living with me for several years and helping to care for me. Can I transfer my house to her?
- My mother is a widow and is paying $10,000 a month for nursing home care. She has a family home valued at $50,000 and $70,000 in savings. My mother is very depressed at the thought of losing our family home. Is it too late for us?
- My mother remarried later in life and has always kept her life savings in her own name. They also have a prenuptial agreement. Her second husband is now in a nursing home. Will she lose her life savings?
- My only asset is $200,000 in IRA's. My wife is in a nursing home. I have been told that I have to cash in my IRA's and spend them down to the spousal allowance of $74,820. What should I do?
- My relative was in the hospital for 3 days before going to the nursing home for rehabilitation but they were not admitted and just held for observation. I was told Medicare will not pay for any nursing home rehabilitation. Is that true?
- My wife receives home care costing $2,000 a month. We own our home and have savings of $150,000. Our life savings are being used up. Can she be eligible for Medicaid?
- Once illness strikes are there still planning options available?
- The cost of nursing home care may now exceed $10,000 a month. Who pays this bill?
- We have over $100,000 in resources. My husband is in a nursing home.
- What are the income tax consequences of a Family Trust?
- What happens to my Family Trust assets if I become ill and need home health care or nursing home care?
- What happens to the family residence?
- What is a Family Trust?
- What is Medicaid?
- What kind of assets could Medicaid require be spent before a person is eligible?
- Where are the Family Trust assets kept?
- Which assets do I place in the Family Trust?
- Who is involved in my Family Trust?
- Why is pre-planning important?
- Will Medicare pay for all or part of nursing home care?
- Will Medicare pay for my nursing home costs?
- Home
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Koldin Law Center E Newsletter
- “Spousal Refusal” in New York State
- 2 Siblings Live Together And One Enters A Nursing Home
- 2007 Medicaid Eligibility Levels
- 2008 Medicaid Eligibility Levels
- 2009 Medicaid Eligibility Levels
- 2012 Medicaid Eligibility Levels
- 2nd Marriages Part 1 -- Unintentionally Disinheriting Your Children
- 2nd Marriages Part 3 -- Power of Attorney and Health Care Proxy
- 2nd Marriages-Part 2 -- Use of Trusts to Support Spouse and Protect for Children
- Answering Your Questions–Avoiding Probate
- Answering Your Questions–Avoiding Probate
- Answering Your Questions: What Are the Risks of Adding My Mother’s Name to My Bank Account?
- Answers to Common Questions about Irrevocable Trust Planning
- Answers to Common Questions about Irrevocable Trust planning–Part 2
- Answers to Common Questions about Irrevocable Trust planning–Part 3
- Applying for Medicaid Without an Attorney - Part Four
- Applying for Medicaid Without an Attorney - Part One
- Applying for Medicaid Without an Attorney - Part Three
- Applying for Medicaid Without an Attorney - Part Two
- Asset Preservation When Already in a Nursing Home - Purchase Life Estate
- Asset Preservation When Already in a Nursing Home--Purchasing Exempt Items
- Basic Estate Planning for Adults of Any Age
- Benefits of a Trust Compared to a Will
- Benefits Of Naming Your Trust As A Beneficiary Of Your Life Insurance And Retirement Accounts
- Can a Successor Trustee be designated in case my Trustee becomes unable to serve?
- Can an Irrevocable Trust be Revoked?
- Can An Irrevocable Trust Be Revoked?
- Can I make gifts to my grandchildren?
- Can I sell my house when my spouse is in a nursing home?
- Can I sell real estate owned by my irrevocable trust?
- Can I Transfer Additional Assets to my Irrevocable Trust?
- Can You Rely on Information Provided by the Government?
- Can You Still Make Gifts to Your Grandchildren?
- Common Misconceptions About Long Term Care Insurance
- Common Misconceptions Is My Retirement Account Protected from long Term Care in a Nursing Home
- Common Misconceptions Part 1
- Common Misconceptions Part 2
- Common Misconceptions Part 3
- Common Misconceptions: Will My Revocable Trust Protect My Life Savings?
- Common Misconceptions: Can I Give Away $15,000 Per Year Without a Medicaid Transfer Penalty?
- Common Misconceptions: Do I Need A Lawyer to Apply for Medicaid?
- Common Misconceptions: Does Medicare Cover Long Term Care in a Nursing Home?
- Common Misconceptions: Is It Too Late to Protect Life Savings When Already in a Nursing Home?
- Common Misconceptions: Is My Life Insurance Protected from Long Term Care in a Nursing Home?
- Common Misconceptions: Will I Lose Control If I Set Up An Irrevocable Trust?
- Comparing a Discretionary Trust to an Income for Life Trust
- Comparing a Living Trust with a Testamentary Trust
- Comparing a Revocable Trust with an Irrevocable Trust
- Comparing a Trust for a Person to a Pet Trust
- Comparing Health Care Proxy with Living Will
- Comparing Health Care Proxy with Power of Attorney
- Comparing Legal Documents, Legal Roles, and Government Benefits
- Comparing Medicare vs. Medicaid
- Comparing Power of Attorney with Guardianship
- Comparing UTMA to a Trust for the Benefit of a Minor
- Court Decisions Regarding the Medicaid Transfer Penalty
- Deficit Reduction Act
- Disturbing Court Case Where Daughter Financially Assisted Mother
- Do Nothing vs. Long Term Care Insurance vs. Gifts vs. Irrevocable Trust–Part 1
- Do Nothing vs. Long Term Care Insurance vs. Gifts vs. Irrevocable Trust–Part 2
- Do Nothing vs. Long Term Care Insurance vs. Gifts vs. Irrevocable Trust–Part 3
- Do Nothing vs. Long Term Care Insurance vs. Gifts vs. Irrevocable Trust–Part 4
- Does my spouse have to contribute his/her income towards my care?
- Estate planning for your pet
- Estate Recovery Law Repealed
- Fair Hearing Decision re Home Equity Line of Credit and Irrevocable Trust
- Friendly Reminders and Suggestions to Keep Your Affairs in Order
- Grandparent Contributions to a 529 College Savings Plan -- Medicaid Risks -- Part 1
- Grandparent Contributions to a 529 College Savings Plan--Part 2
- Grandparent Contributions to a 529 College Savings Plan--Part 3
- Health Care Proxy
- Health Care Proxy vs. Living Will vs. Do Not Resuscitate (DNR) vs. MOLST
- How are Trust assets distributed after death?
- How Medicaid Treats Gifts
- If I have a Trust, Do I need a Will?
- Important Court Case: Right to Appeal Lost after Medicaid Denial When Nursing Home Handled the Application
- Important court decision regarding the Medicaid transfer penalty
- Important Court decision that could drastically lower the standard of living for the at-home spouse
- Important Update on Pending Medicaid Legislation
- Income For Life Trust
- Income for Life Trust vs Dynasty Trust
- Is it Better to Simply Make Gifts to My Children rather than Setting Up an Irrevocable Trust?
- Is it too late to protect any of your life savings when you are already in a Nursing Home?
- Is it Too Late When you are Already in a Nursing Home -- Exempt Transfers
- Is it Too Late When you are Already in a Nursing Home -- promissory notes
- Is it Too Late When you are Already in a Nursing Home -- Treatment of IRAs
- Is it Too Late When you are Already in a Nursing Home-Annuities
- Is it too late when you are already in a Nursing Home?
- Koldin Law Center E-Newsletter discusses how the Koldin Law Center, P.C. is working with clients during the Covid 19 Pandemic
- Leaving a Bank Account to a Grandchild to Age 25
- Legal Checkup -- Your Power of Attorney
- Legal Checkup: Being Prepared for Illness -- Your Long Term Care Costs
- Legal Checkup: Your Health Care Proxy
- Legal Checkup: Your Will
- Life Insurance to Fund Trusts to Accomplish Your Estate Planning Objectives
- Life Use Trust to Provide a Place to Live
- Medicaid Claims Against Personal Injury Suits
- Medicaid Countable Assets
- Medicaid Eligibility For Home Care -- Part 1 of 2
- Medicaid Eligibility For Home Care -- Part 2 of 2
- Medicaid Transfer Penalty Rules
- Medicaid Transfer Penalty Trap–Part 1
- Medicaid Transfer Penalty Trap–Part 2
- Medicaid Transfer Penalty Trap–Part 3
- Medicaid Transfer Penalty Trap–Part 4
- Medicaid Transfer Penalty Trap–Part 5
- Medicaid Treatment of Individual Retirement Accounts (IRAs)
- Medical Malpractice Case for Keeping Patient Alive
- My mother set up a 529 College Savings Plan for my son. She is going to a Nursing Home within the next 6 months. Is this College fund safe from Medicaid?
- Need for an annual legal checkup
- New Basic Estate Tax Exclusion in New York State
- New Law Alert!! -- Medicaid Claims Against Personal Injury Lawsuits
- New Law Punishes Retirees
- New Legislation - You Can Now Pass On Stock To Your Heirs and Avoid Probate
- New Power of Attorney Law Effective September 1, 2009
- Online Resources
- Personal Service Contract
- Power of Attorney and Health Care Proxy
- Power of Attorney Gift Rider
- Preparing Your Will – Second Marriages
- Problems with Using Non - Lawyer Company to Handle Your Medicaid Application
- Protect the Family Home by Declaring an Intent to Return Home
- Protect the Family Home for Children and Siblings
- Protect the Family Home Transfer to Children Vs Irrevocable Trust
- Protect Your Family Home for Your Spouse
- Protecting the Family Home -- Transfer to Children vs. Irrevocable Trust
- Protecting the Family Home for Children and Siblings When you are Already in a Nursing Home
- Protecting the Family Home for Spouse When you are In a Nursing Home
- Protecting the Family Home for the Community Spouse and Family
- Protecting the Family Home When you are Already Ill or In a Nursing Home
- Protecting Your Life Insurance
- Recent NY Bar Association Journal Devoted to Elder Law
- Risk of Transferring Assets to Children
- Scam Alert: Recorded Deed Notice
- Second Marriages -- Unintentionally Disinheriting Your Own Family
- Second Marriages Can I Leave My Wife Life Use To My House
- Second Marriages Unintentionally Disinheriting Your Children Part 1
- Second Marriages Unintentionally Disinheriting Your Children Part 2
- Second Marriages Unintentionally Disinheriting Your Children Part 3
- Special Beneficiary Provisions Containing Trusts
- Spousal Refusal
- Supplemental Needs Trusts
- Supplemental Needs Trusts and Proposed New Law
- Supplemental Needs Trusts for individuals with disabilities - “First Party” Supplemental Needs Trust
- Supplemental Needs Trusts for individuals with disabilities -- "First Party SNT"
- Supplemental Needs Trusts for individuals with disabilities -- "Testamentary SNT"
- Supplemental Needs Trusts for individuals with disabilities -- "Third Party SNT"
- Support Trust to Manage Inheritance
- Transferring to Children versus to an Irrevocable Trust
- Troubling Court Decision on Return of Transferred Assets
- Trust for Minor vs Lifetime Discretionary Trust
- Trust for Pets
- Trust for Your Pets
- USA Today Article–Are You Prepared for Cost of Nursing Home Care?
- Use of Life Insurance to Fund Trusts
- Using Unprotected Funds to Improve the Family Home?
- What can my Spouse Keep?
- What Is The Difference Between Medicare And Medicaid?
- Will that Fails to Leave to Intended Beneficiaries
- Medicaid Planning And Medicaid Applications
- Planning For Individuals With Disabilities
- Preparing Your Will–Avoiding Probate
- Preparing Your Will–Special Beneficiary Trusts
- Preparing Your Will–The Initial Consultation
- Probate And Estate Administration
- Role of an Elder Law Attorney
- Sign Up
- Trust Planning
- Unintentionally Disinheriting Family Members
