FEATURES & NEWS

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

Read More »
Probate litigation
PRACTICES

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.

Read More »
Inheritance Dispute
PRACTICES

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

Read More »
Will contest
PRACTICES

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

Read More »
Guardianship Proceedings
PRACTICES

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

Read More »
PRACTICES

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

Read More »
Estate Litigation Law
PRACTICES

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

Read More »
Trust Reformation
PRACTICES

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

Read More »
Spousal right of election lawyer New York
PRACTICES

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

Read More »
Real Estate Partition Action
PRACTICES

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

Read More »
Protection of Beneficiary Rights
PRACTICES

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

Read More »
Fraudulent Transfer Attorney
PRACTICES

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

Read More »
Contested Powers of Attorney
PRACTICES

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

Read More »
Estate Litigation
PRACTICES

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

Read More »
Real Estate Litigation
PRACTICES

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,

Read More »
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,

Read More »
Family Law
PRACTICES

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

Read More »
Divorce Practice
PRACTICES

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

Read More »
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,

Read More »
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,

Read More »
How to make good estate plans
Estate Planning

How to make good estate plans

How to Make Good Estate Plans in New York 2024 At Morgan Legal Group, located in New York City, we specialize in estate planning, probate,

Read More »
The Importance of Estate Planning in New York
Estate Planning

Importance of estate planning

The Importance of Estate Planning in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

Read More »

Many people look towards long term care as thy get older. This is a time when you would need help with your personal affairs, upkeep, and health care. Some people prefer to get their long term care in their own home while others are put in a nursing home facility.

Whatever the case, long term care costs are very expensive and it’s agonizing to watch your hard-earned money going down for your medial bills and personal upkeep in the home. Of course, these are funds you would feel more fulfilled passing down to your dependent loved ones.

However, there is Medicaid, a government program that settles the cost of your long-term care. But to be eligible for Medicaid in New York, you must have limited assets. What this basically means is that people who are financially strong with substantial income source cannot benefit from Medicaid. So how do you ensure that your “substantial income” doesn’t get eaten up by your long-term care instead of passing down to your loved ones?

The answer is Medicaid Asset Protection Trust (MAPT).

Medicaid Asset Protection Trust (MAPT)

A Medicaid asset protection trust is a type of irrevocable trust that protects your assets while keeping you eligible for Medicaid. It’s a great strategy adopted by elder law attorneys in New York to protect your assets from being eaten up by your long term care costs.

How Medicaid Asset Protection Trust works in NYC

Typically, asset protection is a legal strategy that allows you to shield your assets from liabilities, such as tax, lawsuits, debts, etc. Estate planning and elder law attorneys NYC often turn to irrevocable trusts to offer you asset protection. That is because all assets kept in an irrevocable trust leave your ownership and become the sole property of the trust. Therefore, you, your creditors, nor the court can touch those assets to settle any claim against you since the assets are no longer yours (literally).

So no hospital or assisted living facility can reach into your Medicaid Asset Protection Trust to settle your bills. These bills will be settled by Medicaid as if you have no assets, because actually, those assets are no longer in your ownership.

When to create a Medicaid asset protection trust in order to be eligible for Medicaid

There is a look back period of y years when you apply for Medicaid. They will look at your financial history during the last 5 years. If you are discovered to have made transfers (gifts) during that time window, you will be disqualified from Medicaid benefits for some time.

Notably, retitling assets into an irrevocable trust is regarded as gifting the trust. That is why you have to execute and fund your Medicaid asset protection trust at least 5 years before applying.

Benefits of using Medicaid Asset Protection Trust in NYC

1. When you transfer assets outright to a beneficiary, you won’t really be protecting those assets as you would obviously think. Let’s say you bequeath your house to your child. Should that child marry and get divorced, they may lose half the value of that property. Their creditors can come knocking, and the property would be gone in the twinkle of an eye.

But when you keep and transfer same assets in a MAPT, you are sure no creditors, bitter spouses, lawsuit, or Medicaid can lay claim to them.

2. Tax benefits. Having a Medicaid Asset Protection Trust is also better than an outright transfer when it comes to tax.

Some people will consider transferring a home to a child while reserving a life estate for themselves. Should your child sell the property, you would lose money on the capital gains exclusion.

On the other hand, property kept in a MAPT will usually have a higher value when you die because housing cost is ever on the increase.  So should your child sell after your death, the price will be based on the value at your death, not at the time the MAPT was created.

3. You continue to enjoy your income and MAPT assets. Although the assets in a Medicaid Asset Protection Trust are no longer yours, you still receive some benefits. You would not be allowed to sell any investments but will still receive your income normally.

The trust assets are no longer in your ownership but you are still relatively in your control because you are the one who writes out the trust’s terms and selects a trustee who will manage the assets.

Get help from an elder law attorney near you NYC

To ensure you have a solid plan in place towards your long term care, speak with a New York elder law attorney and estate lawyer near you. Call us to speak with one.

Most Popular: