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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42851
Experience:  Texas lawyer for 30 years in Estate law
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I want to continue where we left off. I went to another

Customer Question

I want to continue where we left off. I went to another elder attorney. She found several serious mistakes and our savings were financially exposed to Medicaid spend-down, the very thing I asked him to fix. He charged us $5000 for a computer generated will, a trust that had no provisions for taxes and false financial advise. The new attorney said I needed to go to the bank and take my wifes name off the savings account. This we did. I have nursing home insurance, she does not. She is under the monthly limit and can qualify for Medicaid, The new attorney said Medicaid will now look at us as two separate people for financial purposes. Does this sound correct to you? How can I verify this strategy will work? This is Georgia.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 1 year ago.

If you are legally married here they are going to look at both your assets regardless of whose name is ***** ***** account.

I suggest you talk to a local NAELA lawyer.They have the expertise to review this and tell you whether you still have issues which I think you do. Too many people claim to know what they are doing here but do not.

Plug in your city

Just transferring funds to your name will mot resolve this.I wish I could tell you otherwise.You need the NAELA lawyer to find a legitimate shelter of the funds.There are ways to do this with a trust or medicaid annuities.

Expert:  RayAnswers replied 1 year ago.

NAELA National Association of Elder Law Attorneys.

Customer: replied 1 year ago.
I got a NAEL lawyer here in Atlanta, she is rated 10 by Avvo and was recommended by the Retirement community we wanted to buy into. I am skeptical too. How can I be sure I am getting accurate advise. Will somebody at Medicaid answer for me. What is your name and contact in case I need to talk to you? She explained things very thoroughly , spent 2.5 hours with us for $1000, the other guy only spent an hour and refused to answer any of out questions, he kept saying " don't worry your covered" I will deal with him later. Can you check out the veracity of this latest advice? She said there would be no look back period once we removed the name
Expert:  RayAnswers replied 1 year ago.

Here she is just gifting the funds to you.Your prior income tax and W-2s which h ave the account and her social on them are reviewed and yes they will see such a gift transfer.You will need to do something else here.If she said they would not look a this she was wrong.I have worked at medicaid agencies and they look at all bank accounts, tax returns, etc for 5 years.If you need me in the future just post questions for Ray only be happy to respond.They will, want to see wife's 5 year prior bank accounts, and returns they also have IRS match to verify you are being honest.So this isn't going to work.You need to find something as a shelter that exempts it as a resource, giving ti to you won't work.