FEATURES & NEWS

Elder Law Attorney in New York
elder law

ELDER LAW ATTORNEY

The Role of an Elder Law Attorney in New York: Protecting Seniors and Their Futures As individuals age, they often face unique legal and financial

Read More »
Probate NYC Lawyers in 2025
Estate Planning

Probate NYC Lawyers

Probate Lawyers in NYC: Navigating Estate Administration in 2025 The loss of a loved one is a difficult experience, often compounded by the complexities of

Read More »
Revocable Trust NYC
Estate Planning

Revocable Trust NYC

Revocable Trusts in NYC: A Comprehensive Guide for New Yorkers Planning for the future is a critical responsibility, and for many New Yorkers, a key

Read More »
Will Lawyer New York
Estate Planning

Will Lawyer New York

Navigating Wills in New York: Why You Need a Skilled Will Lawyer Planning for the future often involves difficult decisions, but few are as important

Read More »
Will Lawyer NYC in 2025
Estate Planning

Will Lawyer NYC

Will Lawyer NYC in 2025: Your Guide to Secure Estate Planning Planning for the future is a responsibility we all share. In New York City,

Read More »
Estate Planning explained
Estate Planning

Estate planning explained

New York Estate Planning: A Comprehensive Guide for 2025 Estate planning, a vital aspect of responsible adulthood, involves preparing for the management and distribution of

Read More »
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

Read More »
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

Read More »
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

Read More »
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

Read More »
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,

Read More »
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

Read More »
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

Read More »
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

Read More »
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,

Read More »
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

Read More »
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

Read More »

Introduction

Medicaid is a crucial government program that provides healthcare coverage to eligible individuals with limited financial resources. For many seniors and individuals with disabilities in New York City, Medicaid plays a vital role in ensuring access to necessary medical services and long-term care.

However, Medicaid eligibility is subject to strict financial guidelines, and individuals often seek ways to protect their assets while still qualifying for this essential program. One common asset of concern is the family home. This comprehensive guide will explore the intricacies of transferring your home and its implications on Medicaid eligibility in New York City.

Understanding Medicaid Eligibility

Before delving into home transfers, it’s essential to grasp the basics of Medicaid eligibility in New York. Medicaid eligibility is determined by factors such as income, assets, and specific categories of need. Here are some key points:

1. Income Limits

New York’s Medicaid program sets income limits based on family size and the specific Medicaid category. Income includes wages, Social Security benefits, pensions, and other sources.

2. Asset Limits

Asset limits vary depending on whether you’re applying for Medicaid as an individual or a couple. Countable assets include cash, bank accounts, investments, and certain real property.

3. Home Equity

Home equity is an important consideration. In New York, as of 2021, the equity limit for a primary residence is $906,000. If the home’s equity exceeds this limit, it can affect Medicaid eligibility.

Transferring Your Home

Transferring your home can have significant implications for Medicaid eligibility. Here are some key points to consider:

1. Types of Home Transfers

There are various ways to transfer your home, each with its own consequences. Common methods include gifting the home, transferring it to a trust, or selling it. It’s crucial to understand the Medicaid impact of each option.

2. Look-Back Period

Medicaid has a “look-back period” during which any asset transfers are reviewed. In New York, this period is currently set at 30 months. Transfers made during this time can lead to a period of Medicaid ineligibility.

3. Exemptions and Safe Transfers

Some transfers are exempt from Medicaid scrutiny. For instance, transferring your home to a spouse or a disabled child typically doesn’t trigger a penalty. However, these exemptions have specific rules and requirements.

Impact on Medicaid Eligibility

Transferring your home can affect your Medicaid eligibility in several ways:

1. Ineligibility Period

If you make a non-exempt transfer during the look-back period, you may face a period of Medicaid ineligibility. The length of this period is determined by the value of the transfer.

2. Planning Strategies

Effective Medicaid planning can help you navigate home transfers while minimizing the risk of ineligibility. Strategies may include utilizing certain types of trusts or making exempt transfers.

Consulting with an Attorney

Given the complexities of Medicaid rules and the potential impact of home transfers, consulting with an experienced elder law attorney is highly advisable. An attorney can provide personalized guidance and help you make informed decisions to protect your assets and maintain Medicaid eligibility.

Conclusion

Transferring your home and navigating Medicaid eligibility can be intricate processes. While exploring options for asset protection is essential, it’s equally vital to comply with Medicaid regulations. Seeking legal counsel is a prudent step to ensure you make well-informed decisions that align with your long-term healthcare and financial goals.

Most Popular: