Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law
This answer was rated:

NY elder law question My mom is 86 - in a nursing home and

NY elder law question My mom...
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?
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 2 minutes by:
8/23/2013
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 44,533
Experience: Texas lawyer for 30 years in Estate law
Verified
Thanks for your question and good evening.Can you verify for me that she is on medicaid here?
Ask Your Own Estate Law Question
Customer reply replied 4 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
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 44,533
Experience: Texas lawyer for 30 years in Estate law
Verified
RayAnswers and 87 other Estate Law Specialists are ready to help you
Ask your own question now
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.
Ask Your Own Estate Law Question
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 44,533
44,533 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

44,533 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
My brother and I are Heir to our father's estate, our sister
My brother and I are Heir to our father's estate, our sister is a court-appointed executor. It came to our attention that our sister is hiding assists in the estate. She has presented an accounting th… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
Illinois If you are an Executor and Heir of a Estate can you
Illinois If you are an Executor and Heir of a Estate can you Pro-Se a Wrongful Death litigation against another party?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
If an heir is unlocatable and unable to sign their warranty
If an heir is unlocatable and unable to sign their warranty deed how can we move forward with filing a title that includes their portion … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding what my options are to deal with an attorney and personal representative that are not … read more
RayAnswers
RayAnswers
Attorney
44,533 satisfied customers
I delegated a family member POA to manage a Real Estate in
I delegated a family member POA to manage a Real Estate in 2016. I need to revoke his authority but he will not receive the revocation paper. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Are you familiar with estate (possible probate) laws in NY
HI there! Are you familiar with estate (possible probate) laws in NY state? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
I am an heir in an estate that is being probated in Oregon
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding the annual accounting. The personal representative was appointed in August of 2016 and… read more
RayAnswers
RayAnswers
Attorney
44,533 satisfied customers
I am executor of my uncle's estate and the only heir he
Hello! I am executor of my uncle's estate and the only heir he named in his will. He had several cars in his possession at the time of his death. One of the 4 he had in his possession for 6 years, but… read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
Sold heir) of my late husband's (an attorney) estate. I have
I am PR (and sold heir) of my late husband's (an attorney) estate. I have been collecting fees due him from former client (minor represented by guardian/mother, who also was a clientr). I feel that cl… read more
RayAnswers
RayAnswers
Attorney
44,533 satisfied customers
As an heir to my mother's estate, I am having a great deal
As an heir to my mother's estate, I am having a great deal of difficulty with the lawyers. My lawyer is rude and demeaning. The lawyer HE put in place because of the legal issues with my brother (usin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
My aunt is sole heir on her brothers estate we have been
My aunt is sole heir on her brothers estate we have been wondering if it is easier to just leave the house in her brothers name rather than going through probate, which can be very expensive, the hous… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
I am the sole heir for my mother's estate, the Executor for
I am the sole heir for my mother's estate, the Executor for her will, and the Trustee for the Trust her estate is in. The main item in the Estate is a Co-Op apartment. Because the Trust means there wi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
For a probate estate in Pennsylvania in which (1) there is a
For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
461 satisfied customers
Should heirs named in a will get inventories of estate, Wv,
Should heirs named in a will get inventories of estate … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
As executor and sole heir of an estate, in New York State,
As executor and sole heir of an estate, in New York State, what is the process after the person has died? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
There are 8 heirs to my mother's estate. if one of the heirs
There are 8 heirs to my mother's estate. if one of the heirs pays the taxes on her properties do those properties become his? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x