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New York Estate Planning & Elder Law Blog

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Safe Ways to Spend Assets So You Still Qualify for Medicaid

It’s an unfortunate reality that many people who apply for Medicaid end up discovering that they have too many assets to qualify for the program. Instead of being available to everyone, Medicaid is classified as a “needs-based” program and a successful applicant must be determined to have insufficient assets before…

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Protecting Assets With Caregiver Agreements

Family members as caregivers overwhelmingly provide for elderly and disabled loved ones at home. Although a labor of love, taking care of ailing loved ones also has a market value, meaning that caretakers may be paid as a way to protect assets. Through the use of a Caregiver Agreement, also…

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The Four Basic Protections of Elder Law Estate Planning

Elder Law Estate Planning is an area of law that helps us maintain control of our lives and assets in four basic areas. First, Elder Law is planning for disability which includes naming people who will make decisions for us if we become incapacitated. You choose the people who will…

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2020 Medicaid Rates for Community and Nursing Home Medicaid in New York

Medicaid is state and federal funding that pays for long-term care costs, either at home, called “Community Medicaid,” or in a nursing home, called “Institutional” or “Nursing Home Medicaid.” The Medicaid rates change every year for income and asset requirements to determine eligibility for benefits. Following are the 2020 New…

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How the New Rules Under the Secure Act Changes the Way People Will Inherit Money

The Setting Every Community Up for Retirement Enhancement Act of 2019, Pub. L. 116–94, was signed into law by President Donald Trump on December 20, 2019, as part of the Further Consolidated Appropriations Act, 2020 (The Secure Act). Future beneficiaries of retirement accounts have different rules than current inheritors. What…

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A Primer on Recent Financial Opportunity Zone Regulations

In December 2019, the United States Treasury recently released guidelines in Subchapter Z of the Internal Revenue Code. the regulations play the vital role of clarifying earlier 2018 and 2019 regulations about financial opportunity zones. This article briefly reviews some of the most important lessons to be learned from this…

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Save for Retirement and Pay-Off Your Student Loans

The average student loan payment, according to credit.com, is $393 a month. That represents almost 20% of the monthly household income after taxes. During your prime working years, you may be tempted to postpone saving for retirement or maxing out your 401K contribution. If you’re on a federal income-based repayment…

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