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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38324
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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hellp mr dimitry, i am the victim suvivor you had helped

Customer Question

hellp mr dimitry,
i am the rape victim suvivor you had helped me with so many questions. i really appreciate.
since i last wrote you my 87 yr old dad passed away oct 29th. i had marine service and devasted inside.
i have few questions--mr dimitry..if a person is on medicaid and they are to get a $5000 life insurance
will the person still be allowed medicaid since resources for nj is $2000
thank you sir...
fran
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your question, Fran, and thank you for requesting me. I most definitely remember you and your situation, and hopefully I can assist you again.

 

If the person receives a benefit that is greater than the amount allowed by the state, the benefit will be affected. Therefore Medicaid would have the right to cancel benefits if the beneficiary receives too much money.

 

I am genuinely sorry, I realize that is likely not what you hoped to hear.

Customer: replied 11 months ago.

you are right but i suspected that answer but i have follow-up as cant it be protected if it is in a Living Trust?


i am trying to remember i think it was Living Trusts you told me at one time...


i am so very overwhelmed---i can't think straight..



thank you sir...


i appreciate your expertise


fran

Expert:  Dimitry K., Esq. replied 11 months ago.

Fran,

 

My condolences to you on your loss. As for a living trust, if the original amount was set to go into it, then there is protection. The problem here is two-fold--first, writing up a trust is expensive and can cost as much as the amount you are slated to receive. Second, if the beneficiary is set as you and not the trust, you are still slated to receive it rather than the trust, and it would still create income the moment the funds are accepted, even if those funds are immediately transferred into the waiting trust--the funds have to go to the trust without you receiving them fist.

 

I am sorry!

Customer: replied 11 months ago.

thank you for explaining in detail...i feel like i can't get started with my life...


the beneficiary is not put on the Life insurance---they sent me paper work


as his only suriving daughter///


thank you sir--and for condolences too



fran

Expert:  Dimitry K., Esq. replied 11 months ago.

Fran,

 

You are most welcome, glad to help. It appears you were already listed as his surviving daughter. The only option is to contact Medicaid and state that the funds you are receiving would be used to cover costs of burial and other funeral expenses--if they agree that such expenses are permitted, you could receive the funds but you would need to use the funds as dictated. Otherwise if you receive the funds you can legitimately affect your benefits with the state.

 

Good luck.

Customer: replied 11 months ago.

thank you--my dad funeral was pre-paid except for that thing--the name plate i think it is on the mausoleum...which i just my head spinning and i didnt question that cost yet



plus, a real concern is the house taxes...like i had told you previously the house is under both my dad and my name--and as you asked me---omg i know it was equal half



it is global options medicaid---they allowed a little more...



but do you think that medicaid would consider house taxes as that i certainly can prove,,,plus the rest of funeral as you said---


my tummy just cant do that call yet--been crying so much and my nerves just numb..



thank you sir...you are a blessing..


fran

Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your follow-up, Fran.

 

 

In my experience the state is not generally understanding but they have may exceptions in the past. Perhaps not thinking about it today, not making the calls, and just thinking about other concerns would be best. When you are ready and can point out on paper that the costs are not 'yours' but the estate's, perhaps under that logic the funds would be accepted--but before you accept you must disclose and get permission to receive or else your benefits would be affected.

 

Good luck to you and please take care.

Customer: replied 11 months ago.

when you say permission...you mean from the medicaid correct...


 


and when you say estate do you mean the house....


you are right--i need to focus again---


 


thank you, XXXXX XXXXX really great and i do appreciate your expertise


god bless you


 


fran

Expert:  Dimitry K., Esq. replied 11 months ago.

Fran,

 

Thank you for your follow-up. When I stated that you needed permission, I was referring to the Medicaid agency that governs the program. As for the 'estate', I meant your decease father's assets, debts, and obligations that he left behind--that is the estate that would pay for the funeral, pay out the debts, pay taxes, and so forth. It can include the home, but is not the home, at least not in the way that I used the term.

 

Hope that clarifies.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38324
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 11 months ago.

i understand...yes it ouur home i refering too..a little darn one family...


thank you--this just seems so unreal right now...thank you again


 


fran


 


i will evaluate now--of course the highest i can put..

Expert:  Dimitry K., Esq. replied 11 months ago.
Fran,

Glad that I could help--should you have any other questions, I will be here to help out.
Customer: replied 11 months ago.

thank you soooo very much

Expert:  Dimitry K., Esq. replied 11 months ago.
You are most welcome, and please take care.
Customer: replied 11 months ago.

dear mr dimitry,


 


it the rape victim survivor..


i need you to re-explain the Living Trust...


 


IS it the same as irrovacable trust...if i have either one would i be allowed to use the funds without it affecting my medicaid?


 


thank you.


fran

Expert:  Dimitry K., Esq. replied 11 months ago.

Fran,

 

Thank you for your follow-up. I would be happy to try to explain this again. There are generally two main characteristics of basic types of trusts, revocable and irrevocable. Revocable trusts can be terminated once started and the person who put the assets into that trust can typically take those assets back. An irrevocable trust is a final trust that cannot be terminated--it is also known as a 'closed' trust because assets cannot be placed into it. Now, a type of a trust may be a 'living trust'--that is a trust that is started while parties are living and 'closes' upon passing upon one or all of the initial parties who placed funds into the trust (known as a 'settlor'). Then it goes from an 'open revocable trust into an irrevocable trust. Usually Living Trusts start up revocable and turn irrevocable.

 

Hope that helps.

Customer: replied 11 months ago.

i need to know if the money is in a trust...that i can use some --


can medicaid be affected by this as an income or asset



fran

Expert:  Dimitry K., Esq. replied 11 months ago.

Fran,

 

If money is in a trust, it is not considered your money UNTIL you receive it. If you receive a check from a trust, that specific amount is what has to be disclosed and that can affect Medicaid. For example if you have a $100,000 trust that sends you a check for $500.00, that $500.00 has to be disclosed to Medicaid programs. If you end up receiving more money then the income threshold, then your eligibility in the program can be affected.

 

Hope that helps.

Customer: replied 11 months ago.

mr dimitry,



wasnt there something of a third person involved here with the living trust? i think i remember you saying this to me at some point when the rape case was in full motion.



it back at that level i think and bad iming...


thank you


fran

Expert:  Dimitry K., Esq. replied 11 months ago.

Fran,

 

What I was referring to a 'spendthrift trust' that would be managed by a trustee. ALL trusts are managed by trustees, there is always a third party involved. Perhaps that is what you are referring to?

Customer: replied 11 months ago.

dear mr dimitry,



i am sorry that i am dense here---as this is affecting my whole future at the worst possible time in my life


i cant probably mourn my dad...



sir with a trust is my name on it or would it be in the trustee name?


fran

Expert:  Dimitry K., Esq. replied 11 months ago.

Fran,

 

A trust would not be in your name or in your trustee's name--it is a separate legal entity, very much like a business. A trustee is someone who is set to manage the trust. A trust can have a special name such as "Fran's Medical Trust" but it won't belong to you, it will be a separate legal entity. That is why money or assets inside this trust would not count as your income--it belongs to the trust which is a standalone entity.

 

Hope that helps clarify.

Customer: replied 11 months ago.

i appreciate your explanations and apologize that my head is not absorbing it yet...maybe i am too pictorial too or need step by step...



mr dimitry where is this trust kept...in a bank?..


if so than it can accumulate interest...correct...



now in naming the trust like you said...''Fran medical trust''


than would any money aken from the trust--must it only be used for medical...can it be used towards my house for example...that my main concern at present...



thank you--it is starting to sink in my head and i am getting a clearer pictures too here..



fran


Expert:  Dimitry K., Esq. replied 11 months ago.
Fran,

A trust is not kept anywhere. If it helps, think of a trust as a company, or rather a company on paper. A company, first and foremost, is on paper and does not require a 'brick and mortar' location to exist other than one address where to receive documentation and correspondence. A trust is exactly like that.

A "Fran Medical Trust", for example, would (or rather could) have language denoting the specific subject matter for which the funds are removed--and in that case it may be for medical or medical related needs. It would then be up to the trustee to evaluate and review the trust language if there is ambiguity or confusion.

Hope that helps a bit more.
Customer: replied 10 months ago.

dear mr dimitry,


i think i getting o understand trusts now much better thanks to you..


mr dimitry in making a name for Trust--is there a more general name


that can be used instead of ''Ftan medical trust''



is there a more general name that it can be called--which would include like for house taxes, expenses,,,as well



also, as i told you my dad passed and the house was in both of our names...i am not sure how too ask this


since the house is going to be me alone...does that affect medicaid?



the house would have to be in Lving Trust does it?



thank you sir...



the rape case sir is coming near to a settlement at same time of my dads passing and i am getting so confused as to what is what now....


and you are really a great help in explaining to me at this very painful time.



god bless you and your expertize...i do appreciate ..you explain in easy terms thank you.



fran

Expert:  Dimitry K., Esq. replied 10 months ago.
Fran,

Glad to help, and I mean that. As for a name, I used that as an example, it could be named a Fran Trust or a Fran Home Trust, or a Medical Expense Trust, it does not matter.

Please have a wonderful and safe Thanksgiving--I will be thinking of you in this difficult time.

Sincerely,

Dimitry, Esq.
Customer: replied 10 months ago.

THANK YOU MR DIMITRY,


ONE OTHER THING REGARDING MY HOUSE--


also, as i told you my dad passed --the house was in both of our names. originally ..i am not sure how too ask this


 


since the house is going to be me alone. NOW AS THE HOUSE IN dad WILL says to me ..does that affect my medicaid?



someone mention that that the house be consider a resource that the house would have to be in Lving Trust does it? it cant be considered a resource can it now---



it is a one family--no mortgage...



thank you..for your explaining.... you too have nice thanksgiving you deserve it..you help so many with your expertize.



fran

Expert:  Dimitry K., Esq. replied 10 months ago.

Fran,

 

Happy Thanksgiving to you too. If the home had an automatic survivorship clause, then you inherit without it being transferred and there is no medicaid issue. On the other hand if you were both 'tenants in common' and each of you owned your own 50% of the home, transfer of his 50% to you will be considered potential income and will potentially affect your benefits. Then if you receive that half share, it would be an asset that would possibly harm and affect your obligations.

 

Hope that helps clarify.

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