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Question of the Week


How long does a Medicaid home care application take? What is the process?
Co-written by Joanna C. Feldman, Esq. An application for Medicaid benefits to cover home care services is less complicated than an...

Salvatore Di Costanzo


What can I do if I have specific wishes regarding my burial?
First and foremost, I recommend that you have an open discussion with your family about the disposition of your remains. These are very...

Salvatore Di Costanzo
How can I be eligible for Medicaid if I have assets?
One of the most unfortunate situations in my practice is when I hear that someone spent most, if not all, of their assets on the cost of...

Salvatore Di Costanzo
What three documents should someone have if they’re a bit too young for a Medicaid Trust?
Co-authored by Joanna C. Feldman This question was recently asked at an event we hosted during which we discussed strategies to leave a...

Salvatore Di Costanzo
My Will doesn’t mention my children by name. Is there a mistake?
While I cannot say whether there are mistakes in your estate planning documents, the wording of your document may be confusing to you as...

Salvatore Di Costanzo
What can I do if I suspect my sibling is taking advantage of my Mother?
The elderly are vulnerable, and as a result, are often soft targets for non-physical abuse. I refer to them as “silent abuses” because...

Salvatore Di Costanzo
Does owning a life insurance policy render someone ineligible for Medicaid in a nursing home?
Co-authored by Joanna C. Feldman To be eligible for Medicaid benefits in a nursing home in 2018, one may have no more than $15,150.00 in...

Salvatore Di Costanzo
If I create a Medicaid Trust, how do I decide what to put into it?
Co-authored by Joanna C. Feldman A Medicaid Trust is often used when planning for the future and contemplating the fact that one might...

Salvatore Di Costanzo
When someone says an account is in trust for someone else, does that mean it is in a trust?
The nomenclature used to title accounts can be daunting and quite frankly downright confusing. After creating trusts for our clients, we...

Salvatore Di Costanzo
Do I really need a Health Care Proxy? What happens if I don’t have one?
Co-authored by Joanna C. Feldman As Monday, April 16, 2018, was Health Care Decision Day, your question is timely. In New York, a Health...

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
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
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
When do you use a Special Needs Trust?
Special Needs Trusts are an integral part of almost every estate plan. I use them in most of my estate planning documents. There are...

Salvatore Di Costanzo
At what age should I start thinking about estate planning?
You are never too young to draft your estate planning documents. I am sure you would agree that anything can happen to anyone at any...

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
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
If I disinherit my child in my Will, does he/she need to be contacted upon my death?
Actually, yes! When someone dies, the first step is to determine if the decedent owned any assets individually, meaning there were...

Salvatore Di Costanzo
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