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Ask Lane Your Own Question
Category: Estate Law
Satisfied Customers: 11571
Experience:  Providing Estate Planning since 1986 - Specialties include corporations, trusts, philanthropic and individual planning
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My mother in law has been living with one of her sons, he just

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My mother in law has been living with one of her sons, he just passed away. She needs care and will probably have to go into a nursing home. Is there any way she can pass her savings on to her grandchildren? Or will it go to the State (NY)?

NPVAdvisor :


NPVAdvisor :

If she can move into assisted living (not actual skilled nursing care) then those assets and any income can be used to pay for the facility .. If she does not have "medically necessary" conditions that require actual nursing care that may suffice for now ...

NPVAdvisor :

If she does need skilled nursing, then the assets and income would need to be spend down to certain levels (essentially poverty levels) and then you can apply for medicaid for here

NPVAdvisor :

If you move the assets into others' names within a five year period of applying for medicaid (anything over a VERY small amount, effectively noting) you risk having medicaid denied for the length of time that the assets would have paid for the care

NPVAdvisor :

Given her age, you may want to investigate whether (if her spouse was per chance in the military). Active duty veterans have a pension for the spouse that is many times looked over (again this would be only for active duty veterans) WHICH can be used for assisted but not skilled nursing - (Where, again, MEDICAID can be used for skilled nursing, but NOT assisted living)... and remember, for skilled nursing paid for by medicare ( and then medicaid, one the assets and income are not enough to cover) there must be a medical necessity

NPVAdvisor :

I see you're typing. I'll wait


Ok, thank you. That's pretty much what I thought. Was hoping there would be a way out......LOL

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