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Child & Estate Planning
Estate Planning

Child & Estate Planning

Protecting Your Children’s Future: Child and Estate Planning in New York As a parent, securing your children’s future is paramount. This extends beyond providing love

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Probate attorney near me in New York 2025
Estate Planning

Probate attorney near me

Navigating Probate in New York: Finding the Right Attorney Near You (2025) Probate, the legal process of administering a deceased person’s estate, can be complex

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Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You
Estate Planning

Wills and Trusts NYC

Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You Regarding estate planning in New York City, a fundamental decision arises: Will a

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Protecting yourself and your partner
Estate Planning

Protecting yourself and your partner

Protecting Yourself and Your Partner: A Comprehensive Guide to Estate Planning in New York At Morgan Legal Group, we understand the complexities involved in safeguarding

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The importance of a living will
Estate Planning

The importance of a Living Will

Why a Living Will Matters in NYC: Your 2025 Guide As we move further into 2025, advanced healthcare planning has become more critical than ever,

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Medicaid Trust NYC
Estate Planning

Medicaid Trust NYC

Medicaid Trusts in NYC: Safeguarding Your Assets from Long-Term Care Costs For residents of New York City, planning for long-term care is a critical component

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Probate Lawyer Cost
Probate

Probate Lawyer Cost

Understanding Probate Lawyer Costs in NYC: A Clear Guide When facing the daunting task of estate administration in New York City, one of the first

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Estate Planning in NYC
Estate Planning

Estate Planning in NYC

Estate Planning in NYC: A Comprehensive Guide For New York City residents, estate planning is not merely a suggestion but a necessity. Indeed, living in

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Living Trusts in NYC: Your Expert Guide
Estate Planning

Living Trusts in NYC

Living Trusts in NYC: Your Expert Guide For New York City residents, planning for the future and securing your legacy is critical. Estate planning, therefore,

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Digital Estate Planning in New York
Asset Protection

Digital Estate Planning NY

Securing Your Digital Legacy: Digital Estate Planning in New York In today’s increasingly digital world, our lives extend far beyond the physical realm. We conduct

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Medicaid Planning and Asset Protection
Asset Protection

Medicaid Planning and Asset Protection

Safeguarding Your Assets: A Comprehensive Guide to Medicaid Asset Protection Trusts in New York for 2025 Preparing for long-term care can be an overwhelming process

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Estate Planning Guide 2025
Estate Planning

Estate Planning Guide 2025

Estate Planning Guide 2025: A Comprehensive Resource for New York Residents As we approach 2025, the need for a solid and comprehensive estate plan becomes

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Contesting a Will in New York and Its Impact on Medicaid Spend Down

Contesting a will is a legal process in which individuals raise objections to the validity or terms of a last will and testament. While will contests are relatively rare, they can have significant implications, particularly in situations involving Medicaid planning and asset protection.

Understanding Will Contests

A will contest typically occurs when one or more parties believe that a will is not valid or that they have been unfairly treated in its provisions. Common grounds for contesting a will include:

  • Lack of Capacity: If the testator (the person creating the will) was not of sound mind or lacked the mental capacity to understand the consequences of their actions when creating the will.
  • Undue Influence: When there is evidence that someone exerted improper influence or pressure over the testator to draft the will in a particular way.
  • Fraud: If the will was created or altered through deceit or fraudulent activities.
  • Improper Execution: When the will does not meet the legal requirements for execution in New York.

Will contests are typically initiated by individuals who believe they should have received a more favorable share of the estate or by those who wish to invalidate the will entirely.

The Impact on Medicaid Spend Down

Medicaid is a government program that provides healthcare coverage to individuals with limited income and assets. To qualify for Medicaid, applicants must meet specific financial criteria, which often involve a Medicaid spend down. The spend down requires individuals to reduce their countable assets to the Medicaid eligibility threshold.

Will contests can affect Medicaid spend down in several ways:

  • Timing: Will contests can be time-consuming and costly. If an estate is tied up in a legal battle, it may delay the distribution of assets and impact an individual’s ability to meet Medicaid’s asset limits within the required timeframe.
  • Assets in Dispute: Assets subject to a will contest may be considered “unavailable” for Medicaid eligibility purposes until the legal dispute is resolved. This can extend the time it takes to meet the spend down requirement.
  • Asset Reassessment: If the outcome of the will contest results in a change in the distribution of assets, Medicaid eligibility may need to be reassessed, potentially affecting an individual’s access to benefits.

Mediation and Settlement

Given the potential complications that will contests can introduce to Medicaid planning, it’s often advisable to explore alternatives to lengthy and costly litigation. Mediation and settlement discussions can help resolve disputes more efficiently, allowing for a quicker distribution of assets and minimizing the impact on Medicaid eligibility.

Additionally, engaging the services of an experienced elder law attorney who specializes in both will contests and Medicaid planning can provide valuable guidance in navigating these complex legal matters. An attorney can help individuals understand their rights, explore settlement options, and ensure that their Medicaid planning goals are met.

Conclusion

While will contests are not common, they can have significant ramifications for Medicaid spend down and asset protection. Understanding the potential impact of a will contest on Medicaid eligibility is crucial for individuals and families engaged in Medicaid planning.

At Morgan Legal Group, our team of experienced elder law attorneys can provide expert guidance on both will contests and Medicaid planning. We work to protect our clients’ interests, ensuring they can access the healthcare they need while preserving their financial security.

If you have concerns about how a will contest may affect your Medicaid planning or if you are facing a will contest in New York, please contact Morgan Legal Group. We are here to help you navigate these complex legal issues.

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