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Estate Planning

Understanding the probate process

Understanding the Probate Process in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law,

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Estate Planning

Estate Planning for Minors

Estate Planning for Minors in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law,

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Estate planning at different ages
Estate Planning

Estate planning at different ages

Estate Planning at Different Ages At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law, wills, and

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Probate litigation
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Probate litigation

Probate Litigation: New York Probate Lawyer Dealing with the loss of a loved one is challenging enough without the added stress of handling their estate.

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Inheritance Dispute
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Inheritance Disputes

Inheritance Dispute Lawyer in New York Inheritance disputes can be highly complex and emotionally charged, particularly when family members are involved. If a loved one

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Will contest
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Will Contest

Will Contest Lawyer in New York Challenging the validity of a will can be a complex and emotional process. At Morgan Legal Group, located in

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Guardianship Proceedings
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Guardianship Proceedings

New York Guardianship Proceedings Guardianship proceedings are crucial in protecting the rights and assets of incapacitated individuals. In many cases, an incapacitated person may fall

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Accounting

Navigating Estate Litigation and Trust Administration in New York Estate and trust administration issues can be complex, especially when dealing with asset accounting and managing

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Estate Litigation Law
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Estate Litigation Law

Expert Estate Litigation in New York with Morgan Legal Group Estate litigation involves numerous challenges, particularly when you’re coping with the loss of a loved

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Trust Reformation
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Trust Reformation

New York Trust Reformation Lawyer Trust reformation is a complex process that involves modifying a trust to correct issues and ensure it aligns with the

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Spousal right of election lawyer New York
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Spousal Right of Election

Spousal Right of Election in New York Understanding the spousal right of election is crucial for protecting the inheritance rights of a surviving spouse. At

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Real Estate Partition Action
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Real Estate Partition Action

Real Estate Partition Action Real estate partition actions can be complex and emotionally charged, particularly when multiple parties own property and cannot agree on its

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Protection of Beneficiary Rights
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Protection of Beneficiary Rights

Protection of Beneficiary Rights Ensuring the rights of beneficiaries is a critical aspect of estate planning and administration. At Morgan Legal Group, located in New

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Fraudulent Transfer Attorney
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Fraudulent Transfers

Fraudulent Transfer Attorney in New York Cases involving fraudulent transfers and undue influence in estate law can be complex and emotionally charged. These situations often

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Contested Powers of Attorney
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Contested Powers of Attorney

Contested Powers of Attorney in New York A power of attorney (POA) is a crucial document that grants legal authority to another party (agent) to

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Estate Litigation
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Estate Litigation

Comprehensive Estate Litigation Services by Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

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Real Estate Litigation
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Real Estate Litigation

Comprehensive Real Estate Litigation Services by Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship,

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Fireworks laws NY
Estate Planning

Fireworks Laws

Understanding Fireworks Laws in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law, wills,

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Family Law
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Family Law

Comprehensive Family Law Services at Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

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Divorce Practice
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Divorce

Understanding Divorce in New York Divorce is the legal dissolution of a marriage by a court. In New York, divorce can be complex, involving various

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What is Credit Life Insurance in New York 2024?
Estate Planning

What is credit life insurance?

What is Credit Life Insurance in New York 2024? At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship,

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Life Insurance and Probate
Estate Planning

Life insurance and probate

Life Insurance and Probate: Understanding the Connection At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law,

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Nursing home and long-term care costs are very high. It becomes a problem for senior citizens to look forward to without feeling agony about how badly the costs will affect their hard-earned assets. There is Community Medicaid to cater for your long term care, but it is only available to citizens whose estates worth less than $15,900 and earn below $884 monthly. So, if you own a little above that limit (informally called a surplus or spend-down), you would not qualify, and then your assets will be drained by your home care costs.  To avoid that, many New Yorkers look towards Medicaid “spend down”, which means, spending the “surplus” assets so that what’s left is below the Medicaid limit.

However, not everyone would want to spend their money wastefully because they wish to qualify for Medicaid benefits. So what other way is there? The answer: Pooled Income Trust!

What is a pooled income trust and how does it work in Long Island?

A pooled income trust, also commonly called a pooled trust, is a type of Supplemental Needs Trust created for the benefit of disabled citizens. Stashing surplus excess assets in a pooled income trust can help a disabled individual qualify for Medicaid in Long Island because the assets in a pooled income trust are not counted by Medicaid.

In simple terms, you wouldn’t have to spend your excess income or assets to qualify for Medicaid; you can transfer them into a pooled income trust and use the assets while still enjoying Medicaid benefits.

Who is allowed to use a pooled income trust to qualify for Medicaid in Long Island?

People who are recognized by the state of Long Island or social security as disabled can used pooled income trust to qualify for Medicaid. For those who have not been previously identified as disabled, these ones would have to submit a document ascertaining their disability alongside their pooled income trust for Medicaid approval.

Note that people who already require home care services are regarded as disabled.

Who controls pooled income trusts?

Pooled income trusts are run by non-profit organizations for the benefit of disabled individuals.

Do I keep funding the pooled income trust with assets continually?

Notably, Medicaid eligibility is determined on a monthly basis. You may be eligible this month but become ineligible next month because you later earn more than you are earning now. That is why you have to continue transferring your surplus assets into the pooled income trust continually.

What is the money kept in a pooled income trust spent on?

Funds in a pooled income trust are used to pay the bills of the disabled individual. Money is deposited into the account of the Pooled income trust’s member, and the money will then be used to pay bills – such as rent – on behalf of that member. An employee working at the pooled income trust will make the payment on behalf of the member.

If any bill is recurring one, they may set up an automatic payment so that the bills are paid quickly as at when due.

Note that you cannot withdraw cash from a pooled income trust. When the disabled person passes away, what’s left of their asset must remain in the trust. This is why it is a wise idea to ensure you used it all during your lifetime to settle all the bills you have rather than letting them accumulate for your survivors.

How long does it take for Medicaid to give me approval after submitting my pooled income trust?

It may take anything between 1 and 6 months for you to get approval from Medicaid.

Getting professional assistance with your pooled income trust

Our lawyers understand the common issues with Medicaid and pooled income trust and we are always willing to help.

We can educate you better about your personal situation and guide you in the pooled income application process.

Whether you are doing it for yourself or a loved one, we offer you all the assistance you will need. Call us today to get in touch.

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