Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

My mom always spoke like this;" I worked hard so i can leave

Customer Question
My mom always spoke like...
My mom always spoke like this; " I worked hard so i can leave something behind for my family".... SO fast forward 30 years and my family is undecided on this medicaid issue. Practically being harrassed by family that has come out of the wood work whom has never been involved in my family before, and is threatening me to have my parents sign their property over to us? I always thought if we have a cushion of rental income, that we don't need medicaid for my folks who are aging. Is there something that i am not understanding here? They are immigrants so putting them into homes is a bit of a bizar option, yet not out of the question IF THEY ACTULLY slowly get a taste of the social experience via day care and then they might welcome that system of care. My fear is they can not be monitored and can take a fall or not have their pee pads changed enough and be susceptible to UTI etc. At home they integrate with family and have caregivers taking them out to lunch and shows and local dancing and other gatherings. Although that is eating into their savings overnight. My folks are getting frail but mobile with short and long term memory loss between them that varies... Would their medicare suffice because if it does, then why would i want medicaid for them if medicaid is created for the poor? Is it because there will be nothing left to share after they die because medical bills will wipe out any inheritance there could have been? Is there a middle ground or compromise to someone who feels ethics trumps? I know medical bills are insane such as a sitz bath costing $70 when it really costs $20
Submitted: 1 year ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 51 minutes by:
10/31/2016
Estate Lawyer: Attorney2, Attorney replied 1 year ago
Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 7,746
Experience: 30 Years in General Practice and Estate Planning
Verified

Welcome and thank you for your question. Medicaid takes into consideration the property owned by the person(s) st the time they apply. Further, there is look back period which means that conveyances of title to property 5 years prior to applying for medicaid will deemed a fraudulent transfer. Don't let any push you or your parents to do anything. You are correct it is created for the poor people. Families have found ways to transfer anything of value so the elder person will live on medicaid alone. Any transfer needs to be made 5 years in advance of applying. Have they applied for may benefits?

Ask Your Own Estate Law Question
Estate Lawyer: Attorney2, Attorney replied 1 year ago

Medicaid’s Five Year Look-Back Period

By: Roman Aminov, Esq.

"Anyone who has researched Medicaid planning has almost certainly heard of Medicaid’s dreaded five year look-back rule. I am not exactly sure why out of all the idiosyncrasies of New York’s Medicaid laws, the five year look-back is one of the most ubiquitous, but my guess is because it is one of the harshest. This article will attempt to explain how the 5 year look-back works and what seniors and their caretakers can do to plan around it.

The Rule:
If a New Yorker needs nursing home services and applies to Medicaid to pay for them, Medicaid looks back for 5 years to see whether he or his spouse made any gifts or uncompensated transfers of assets. If the individual or their spouse made any gifts within 5 years of the date of the Medicaid nursing home application, NY State imposes a penalty period based on the size of the uncompensated transfer, which is called a penalty period. The penalty period is calculated by combining all gifts made within the 60 months prior to the application divided by the average monthly cost of a nursing home which, in New York City, is $11,843 in 2015. The penalty period starts from the time the client is in the nursing home, is otherwise eligible for Medicaid, and has used up his “non-exempt resources”, which are liquid assets over $14,850. It is important to note that, currently, in New York, there is no penalty for these transfers if the senior requires “community Medicaid” which includes Medicaid home care services. Client are often surprised (and relieved) to learn this, but that doesn’t mean that they shouldn’t plan for two reasons: (1) we never know if and when nursing home care will be required and (2) New York may follow other states and change its laws to impose a penalty period even for community Medicaid.

The Application:
For example, Joe, 72 and single, owns $110,000 worth of stocks and a checking account worth $14,850 when he suddenly suffers a stroke and needs a skilled nursing facility to care for him. If Joe gifts away his money now, he will have a penalty period of approximately 9 months ($110,000 divided by $11,843), which means that Medicaid will not cover his care during that period and he will have to retrieve the gifts he made and pay for his own care. At this point, Joe has a couple of options: (1) he can spend $110,000 of his money on nursing home care or (2) with the help of an elder attorney, Joe can engage in “promissory note planning” which, while outside the scope of this article, can help him preserve roughly half of his assets if implemented properly.

The Exceptions:
There are exceptions to the transfer penalty rules, which should be discussed with a qualified Medicaid planning lawyer before any transfer of assets is undertaken. The most commonly used ones are the transfer of the applicant’s home to his spouse or to a caretaker child who resided in the home with the applicant two years before the application and provided care. Additionally, any assets transferred to a spouse are exempt from penalties, as are assets left in trust for the sole benefit of a disabled child or a disabled individual under 65. An exception can also be made if the transfers were made solely for a purpose other than to qualify for Medicaid. http://www.aminovlaw.com/medicaids-five-year-look-back-period/

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
Sigh... So if the eldery parents have rental income of approx $30,000 in profit yearly be able to provide life time quality nursing care that is independent of gov assistance ? I would only consider a nursing home if a parent was completely immobile and bored senseless remaining home. Then if they were in a nursing facility, they could at least be wheeled around and sit in with other folks for dining and will have entertainment and music... That is what i imagine could be the benefit of being in a nursing home. But otherwise, if they are mobile with dementia, the risk is that a fall is very likely once they enter the nursing home. I would do my best to make my own home user friendly if that is even possible. I would like to know if families are managing just fine and without short changing or compromising the elders care in anyway if they DONT have their elder family in nursing homes? And i think the fear is the high cost of the nursing homes isn't that correct?
Estate Lawyer: Attorney2, Attorney replied 1 year ago
There are many concerns with elder care centers. And yes the fear is the high cost leaving heirs with no money. Personally if my parent has the money I want them to have the best quality of life and I could not monitor the nursing home 24/7. People generally deteriorate faster once they are in a home. Thank you for using JA.
Ask Your Own Estate Law Question
Customer reply replied 1 year ago
Hmm. Do they really deteriorate sooner in a nursing home? A family member is threatening me with calls to Senior Protective Services and I can't figure out why except this Medicaid issue. The relative insists my parents need to be protected in nursing homes and that I should get a job and that I'm dipping into the money pot? This only happened this past year outta the blue. Do you think I'm doing anything backwards?
Customer reply replied 1 year ago
Also, do you think there are people like elder care advocates that are trying to force the elderly out of their home enviornments for the sole purpose to have the elderly spend their monies by convincing them to enter nursing homes or retirment communities? That would deplete their assets quickly and then they will be stuck with nothing so they can get medicaid and the nursing home was able to go crazy charging tons of things to deplete those funds asap?
Estate Lawyer: Attorney2, Attorney replied 1 year ago

I am not an elder care physician so I cannot speak to the environment. I can only say that what I have seen is that placing them in a nursing home causes faster deterioration in the cases I have been involved with. Let them call APS if there is no issue you have nothing to worry about. You can also ask them nicely to stop harassing you. If they do not talk to an attorney.

You may wish to speak to one of the Dr.'s or nurses on this site with regard to your concerns about the quality of life after people are placed in homes. As far as your initial question there is a 5 year look back period that all transfers would need to be paid for them to receive medicaid lawfully.

Thank you for using JA.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
34;I could not monitor the nursing home 24/7. People generally deteriorate faster once they are in a home"
BY "home" you always mean a nursing home, right?
WHy would you have to monitor the nursing home if that is suppose to be "safer" for the elderly ? And why is everyone going into nursing homes or why are people sending their elderly parents into nursing homes if they know they will deteriorate in there? Do you think it is because for people who send their eldery parents into nursing homes, it is because their home life might be worse? I think that at home, there is a chance of falling which is the same rate as in a nursing home. It all depends on the balance of the individual. The only benefit i see or value in a nursing home is the anticipation of social gatherings and possible connections with other seniors IF AND ONLY IF an individual is actually able to gravitate to interacting on some levels. SOme elderly will get crabby and mental if their old baggage is permanently part of their personality. Please chime in because it helps me sort through this dilema/.
Estate Lawyer: Attorney2, Attorney replied 1 year ago
I meant to say nursing home. You will want to speak to a medical professional with regard to the psychology of what occurs when you remove the elderly from their homes. You can check out reviews on nursing homes. I have heard of abuse and neglect at home and in a nursing home environment. The question you asked was with regard to signing over property and going into a nursing home. Transferring property at this point and placing them in a nursing home to qualify for Medicaid would need to occur 5 years prior to them applying for Medicaid otherwise this would be considered a fraudulent transfer. I can only answer the legal questions. If you feel your parents are still 5 years away from needing a nursing home or Medicaid I would set up a consultation with a local estates planning attorney. Thank you for using JA.
Ask Your Own Estate Law Question
Estate Lawyer: Attorney2, Attorney replied 1 year ago
Please open a question in our medical or nursing categories as I am unable to discuss in detail what the needs of your parents are medically and physically. If you would be kind enough to rate my service so I will receive credit for my work I would appreciate it.
Ask Your Own Estate Law Question
Estate Lawyer: Attorney2, Attorney replied 1 year ago

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA.

Ask Your Own Estate Law Question
Estate Lawyer: Attorney2, Attorney replied 1 year ago
Did you want me to opt out?
Ask Your Own Estate Law Question
Customer reply replied 1 year ago
No.... Don't opt out. I haven't had a chance to go over your info. I promise to catch up in a day or two. A very much appreciate the clarification so far.
Customer reply replied 1 year ago
Are you a NY city attorney?
Customer reply replied 1 year ago
If the "call me" box appears, does that mean you are online ?
Customer reply replied 1 year ago
Or that an appointment time will be given to me for the following day if I'm clicking on that option at midnight?
Estate Lawyer: Attorney2, Attorney replied 1 year ago
You would want to contact customer service. I was hoping you would rate my legal answer positively.
Ask Your Own Estate Law Question
Estate Lawyer: Attorney2, Attorney replied 1 year ago

I will stay in but I do not participate in phone calls. Another attorney will respond if you decide to ask for a call. I work in this format only. Thank you.

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
WHy does a window keep popping up asking if i want a phone chat?
Estate Lawyer: Attorney2, Attorney replied 1 year ago
I have no idea why the site is asking if you want a phone chat. The Attorneys answer questions we do not handle the format or operation of the site. Nor do we have access to customer accounts or billing information. If you have any questions with regard to a phone chat please do not hesitate to contact customer service. In the meantime did you have any additional questions with regard to your original question? If not. Thank you for using JA
Ask Your Own Estate Law Question
Estate Lawyer: Attorney2, Attorney replied 1 year ago
This is a link for customer service http://ww2.justanswer.com/help
Ask Your Own Estate Law Question
Estate Lawyer: Attorney2, Attorney replied 1 year ago

I have still have not had a response from you on this question.

If you would be kind enough to rate my service positively so I will receive credit for my time and work I would appreciate it.

Ask Your Own Estate Law Question
Ask Attorney2 Your Own Question
Attorney2
Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 7,746
7,746 Satisfied Customers
Experience: 30 Years in General Practice and Estate Planning

Attorney2 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

5,126 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
I am an heir administratix in the state of LA. There is
I am an heir administratix in the state of LA. There is activity on the land without my concent. How can I get it investigated ? … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
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
Attorney2
Attorney2
Attorney
7,746 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
Doctoral Degree
5,126 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
Doctoral Degree
5,126 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
3,391 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
Doctoral Degree
5,126 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
475 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
1,003 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
475 satisfied customers
I am a heir to an estate my wife and I have lived in the
I am a heir to an estate my wife and I have lived in the house since it was purchased, a sibling who lives out of state is the exsecator of the estate is trying to evict me. I purchased her interest y… read more
ScottyMacEsq
ScottyMacEsq
Attorney
Doctoral Degree
1,167 satisfied customers
I am an heir to my family estate, my sister is executor. I
I am an heir to my family estate, my sister is executor. I offer to buy them out of family home. She refused to put the title in my name in order for me to qualify for a loan. Now they are selling the… read more
Michael Bradley
Michael Bradley
JD
1,193 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
Can heirs be paid hourly from estate funds before the estate
can heirs be paid hourly from estate funds before the estate closes for work done to prepare, clean and fix real estate for sale?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 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