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Trusts


Ensure That Your Home is Protected
Dear Mr. Di Costanzo:Â Can Medicaid take my home if I get sick? If you fall ill, you may seek Medicaid benefits to help pay for your care...

Salvatore Di Costanzo


Does Your Estate Require Liquidity?
Dear Mr. Di Costanzo:Â Why do I need a Will or Trust if all my accounts have designated beneficiaries? Beneficiary designations are...

Salvatore Di Costanzo


Dear Mr. Di Costanzo: Am I responsible for my spouse’s nursing home costs?
Under New York State law, a spouse is considered a legally responsible relative which means that you are financially responsible for the...

Salvatore Di Costanzo


Using Trusts to Protect your Children
An inheritance can be easily dissipated if your child is a spendthrift, has bad habits or is involved with a divorce. A trust can ensure...

Salvatore Di Costanzo


Why can't I just transfer my house to my kids to protect it?
Simply transferring your house to your children is the least favorable planning technique in an attorney’s arsenal. The optimal way to...

Salvatore Di Costanzo


The Perils and Pitfalls of Owning a Co-op
The Perils and Pitfalls of Owning a Co-op We have all heard a horror story or two about co-op ownership. These stories usually arise out...

Salvatore Di Costanzo


Does Your Estate Plan Need Updating?
Regardless of whether your estate plan is basic or complex, it is important to review the plan every few years for reasons that include...

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
Is Your Revocable Trust Flexible?
Change is inevitable, and it comes in many shapes and sizes. Death, disability, and divorce are three of the most common changes in life...

Salvatore Di Costanzo
When do I need a revocable trust?
Remember, the purpose of a revocable trust is to avoid probate and following fact patterns make it a necessity to use a revocable trust....

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. Â 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. Â The home may also be the most sentimental...

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

Salvatore Di Costanzo
Special Needs Trusts: First Party vs. Third Party Trusts
Special Needs Trusts are an integral part of almost every estate plan, yet, most people do not realize this. Â Typically, those who...

Salvatore Di Costanzo
Why is it someone with a revocable trust needs to probate their will?
This is a very common issue with revocable trusts and it results from not respecting the formalities of the trust. In order for a...

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. Â I think it is safe to assume that when you reference...

Salvatore Di Costanzo


The Beneficiary-Controlled Trust: Leaving Assets to Your Children the Proper Way
Leaving assets to your children gives rise to many considerations. Â For instance, if the child is a minor, you do not want assets passing...

Salvatore Di Costanzo
Medicaid Planning in Advance of Changes to the Healthcare System
With Congress about to break for a two week Spring recess, the repeal of Obamacare appears to have stalled and remains uncertain....

Salvatore Di Costanzo
My Friend Is An Attorney
This is a real fact pattern. I recently met with a family whose 86 year old Mother was admitted to a nursing home for dementia. Â They...

Salvatore Di Costanzo
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