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Medicaid Planning
How does Medicaid treat an annuity?
While an annuity might serve you well from a financial planning perspective, financial planners and clients must be aware of the...

Salvatore Di Costanzo
What is an elder law attorney, exactly? Do I have to be elderly to make use of your services?
Co-authored by Joanna C. Feldman The truth is that very often, “elder law” attorney is a misnomer as it pertains to many of our clients....

Salvatore Di Costanzo
Four Estate and Elder Law Planning Topics That You Should Not Neglect
We have all heard the saying “life is full of regrets”. I have compiled a list of the most common regrets that I often hear from...

Salvatore Di Costanzo
My uncle needs help caring for my aunt at home, but I've been told that their limited income is still too high to qualify for assistance. Is there anything I can do?
Co-authored by Joanna C. Feldman We’re so glad you asked this question, which shows pervasive misinformation that causes unnecessary...

Salvatore Di Costanzo
I am being told to transfer a parent’s brokerage account to me to qualify them for Medicaid. Do I need to sell the underlying investments for this to happen?
Obtaining eligibility for Medicaid often requires transferring assets to a spouse or other family members. When transferring assets, one...

Salvatore Di Costanzo
Avoiding a Medicaid Lien or Estate Claim
For many families, a good portion of their wealth exists through the equity in their home. The home may also be the most sentimental...

Salvatore Di Costanzo
How does Medicaid treat the 529 plans for my grandchildren?
A 529 plan is a very common planning technique used by grandparents to fund a grandchild’s college education. Simply stated,...

Salvatore Di Costanzo
My Father is 85 years old and needs care. He never did any planning - is it too late?
Contrary to popular belief, it is never too late. An elder law attorney can work to implement many different techniques even at the...

Salvatore Di Costanzo
Spending Down Your Assets is Not a Plan!
In a perfect world, everyone would craft an estate and elder care plan well in advance of having to implement it˗ but the world isn’t...

Salvatore Di Costanzo


Can Medicaid take my annuity if I go into a nursing home?
Annuities are very complicated and often sold to individuals without considering their interplay with Medicaid eligibility. While there...

Salvatore Di Costanzo


Three Reasons Why Giving Your House to Your Children Isn't the Best Way to Protect It From Medicaid
You may be afraid of losing your home if you have to enter a nursing home and apply for Medicaid. While this fear is well-founded,...

Salvatore Di Costanzo
Can I gift my children $14,000 per year without Medicaid imposing a penalty?
Generally, in determining the Medicaid eligibility of a person receiving nursing facility services, any gifting of assets made by the...

Salvatore Di Costanzo
Do I need a power of attorney if my spouse is joint on all my accounts?
Your spouse might be able to access your bank accounts but he will be very limited in doing much else. A properly drafted power of...

Salvatore Di Costanzo
Can the State Make a Claim on My Father's House if He Is Receiving Medicaid Home Care?
State laws vary considerably, so you should confirm this response with a local elder law attorney. But here are the general rules: the...

Salvatore Di Costanzo


Nursing Home Costs Rise Sharply in 2017
The median cost of a private nursing home room in the United States has increased to $97,455 a year, up 5.5 percent from 2016, according...

Salvatore Di Costanzo
What is the difference between the look-back period and the penalty period for Medicaid purposes?
Often confused, the look-back period and the penalty period are two distinct concepts in Medicaid planning. It is important to...

Salvatore Di Costanzo


Why You Should Use a Lawyer for Medicaid Planning
Many seniors and their families don't use a lawyer to plan for long-term care or Medicaid, often because they're afraid of the cost. But...

Salvatore Di Costanzo
What happens if I set up a Medicaid Trust and go into a nursing home within five years?
Unfortunately, we cannot control if and when we may fall ill but we can be proactive to protect our financial assets by planning early....

Salvatore Di Costanzo
What is the difference between a revocable trust and an irrevocable trust?
It is worth noting at the outset that there are many types of irrevocable trusts. I think it is safe to assume that when you reference...

Salvatore Di Costanzo


The Federal & New York Estate Tax: Things to Look Out for Before Making Gifts
For 2017, the federal lifetime estate and gift tax exemption have increased to $5,490,000. This means that you can gift this amount over...

Salvatore Di Costanzo
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