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RayAnswers, Attorney
Category: Estate Law
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Experience:  Texas lawyer for 30 years in Estate law
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NY elder law question My mom is 86 - in a nursing home and

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NY elder law question
My mom is 86 - in a nursing home and has never had any assets to think about.
Unexpectedly, she is about to be named beneficiary due to Fla probate law.
Once she is in possession of the estate she will create a will. Chances are she will pass away before 5 yrs. pass. It's not as though she had time to protect these assets. Nor is it a case of irresponsible or negligent choices or behavior on her part. In a situation like this, is there any stipulation in current laws to would protect her assets and/or her heirs?
Thanks for your question and good evening.Can you verify for me that she is on medicaid here?
Customer: replied 3 years ago.

 

Yes, she is on Medicaid. As her POA I would have her decertified, pay her expenses, then recertify her if she survives her assets. I'm interested in potential of protection of assets in the event she dies before the assets are exhausted.

 

 

Here it may be possible to set up a special needs or other medicaid trust.This would allow her to shelter funds while maintaining eligibility.You are going to need a local NAELA lawyer to help you set this up and then the funds are transferred to the trust to avoid denial of eligibility.NAELA--national academy of elder lawyers are specially trained to create such trusts and make sure the funds are received into the trust and there is no loss of eligibility.

Another option would be to get the executor to hold back any payments while she is alive and then her heirs here either by will or law would take the inheritance.That way she remains eligible and the state cannot seek any recovery since it passes straight ot the heirs.Usually the executor doesn't want to hold the funds indefinitely but I have seen this done as well.

But it would be critical to have the trust set up prior to her receiving funds.Otherwise it makes her financially ineligible here and she would have to spend down virtually all of it to regain eligibility as a private pay resident.

Another possible option is that the lawyer can have executor purchase an annuity with her funds.This gives her monthly income below the limits and again preserves eligibility.

The botXXXXX XXXXXne is that time is short if you want to avoid loss of benefits.The NAELA lawyer can help you shelter the inheritance.Pleas use the referral I gave you so that this can be done prior to any payment being received.If she cases a check without such a trust again they will deny her benefits.

I appreciate your patience tonight.Please let me know if you have more follow up.Thanks again and good luck here.

 

A will will not protect her it has to be a trust, annuity or other shelter before she touches the money.

NAELA..

http://www.naela.org/Public/About/For_More_Information/Find_an_Elder_Lawyer/Public/About_NAELA/Public_or_Consumer/Find_an_Elder_Lawyer/Find_an_Elder_Lawyer.aspx?hkey=01d28480-72a3-4294-8d32-554931fc26b4

RayAnswers and 8 other Estate Law Specialists are ready to help you
Reference to the trusts allowed under medicaid in Mississippi..

http://www.elderlawmemphis.com/qit.shtml

Thanks again for letting me help you.It has ben my pleasure to do so.I am sure this can all be kind of overwhelming, if you have more follow up just ask.There are never any dumb questions its how we all learn.