New York State has a new managed Medicaid Long Term Care Plan (MLTC). Under this program, the State of New York pays for long-term care of an individual in a community setting. This generally refers to paying for home care for someone living at home. A healthcare aide or personal care aide helps take care of this individual in his or her … [Read more...]
Man Seeks to Recover Property From Decedent’s Home
Please click on the link below to watch today's video blog: https://youtu.be/IbfgPc_ORB8 Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. Elliot and his associates have been representing clients for more than 45 years in all aspects of estate litigation, estate planning, drafting wills and trusts, and … [Read more...]
Medicaid in New York – Part II
Look Back Period for Institutionalized Medicaid There is a currently a 60 month (5 year) look back period for obtaining institutional Medicaid benefits. This means that the Medicaid recipient has a five year look back period where he or she may be subject to being a self-payer. Spousal Refusal If the community spouse has assets greater than … [Read more...]
Lost Will is Presumed Destroyed
In a recent case the administrator of an estate tried to probate a copy of a decedent's will. The son challenged the probating of a copy of the will. The court rendered a ruling there is a presumption that a will in the possession of a decedent which cannot be found after his or her death was destroyed by the decedent. New York Regarding Missing … [Read more...]
Medicaid Planning – Long Term Care Issues
Growing old has its benefits. You get to see your grown children, friends and family members for a long period of time. You tend to grow wiser and more sophisticated with regard to lifestyle matters and the future of your family. However, a significant portion of seniors at some point in their lives require long term care. They will either … [Read more...]
Long Term Health Care Plans
Please click on the link below to watch today's video blog: https://youtu.be/U6ZbEa8kxDM Elliot S. Schlissel has more than 45 years experience representing clients in all aspects of estate and long term care planning. He and his associates are available for consultation at 516-561-6645, 718-350-2802 or by sending an email to … [Read more...]
Long Term Care Issues
As the population of America ages, there is a retirement issue many Americans don’t realize exists. This issue involves long term care. One of the ways of dealing with long term care issues is to purchase long term care insurance. Long Term Care Expenses In the Metropolitan New York area, nursing home expenses run between $10,000 to $12,000 per … [Read more...]
Long Term Care in America
The life expectancy of Americans continues to get longer. There are a variety of reasons for American’s increased life expectancies. Better medical care, more knowledge about nutrition are two of the more significant factors which have helped increase the life expectancy of Americans. Long Term Care Issues It is estimated more than 70% of all … [Read more...]
Medicaid Planning; Medicaid Asset Protection Trust
Medicaid Asset Protection Trusts (MAPT) are the best way to preserve assets should you be unable to purchase long term care insurance. Sometimes family members presume putting their assets in joint names with their children will help them should they be forced to go into a nursing home and apply for Medicaid. This is a mistake! Putting assets in … [Read more...]
Litigating Issues Involving Wills And Other Assets Taking Advantage Of The Elderly and Infirm – Part III
Fraud involves a situation where there has been a material misstatement of facts that the individual preparing a document such as a will, a trust or opening a joint bank account believed to be true. In this situation even the acts of competent individuals can be tricked into transferring assets or changing the individuals named on bank accounts or … [Read more...]
