Legal Question in Wills and Trusts in New Jersey

Trusts

I have been told that a trust exists that will shelter $7,000.00 per month from medicaid elegibility requirments. Does such a trust exist? I was told this about nine years ago from a friend in New York state. Can you start this trust at any age?


Asked on 6/16/03, 11:11 am

3 Answers from Attorneys

Steven Rothberg Law offices of Steven D. Rothberg

Re: Trusts

This is the second time I have seen this question on this site. There are many companies out there that prey on the uninformed. They sell the idea that a trust can protect them from creditor's and from the government. Beware of those companies that promise this type of result. If you need to do some estate planning, or debt consolidation, I would reccommend that you spend an hour with a good attorney or accountant.

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Answered on 6/16/03, 11:50 am
Miriam Jacobson Retired from practice of law

Re: Trusts

Beware of trusts that are promoted to shelter your income or assets. There are many trust scams, and even many that are not scams do not provide adequate counseling and tailoring to each persons needs, and therefore are not effective.

Taking actions without the correct legal advice could result in disqualifying a person for a period of years from receiving the nursing home and other assistance they might otherwise have been entitled to.

The laws concerning Medicare/Medicaid are very complicated, and if you need advice in that area, you should consult a qualified elder lawyer in your area. You can find one at: http://www.naela.com/ Applications/ConsumerDirectory/index.cfm

If that link does not work for you, just go to http://www.naela.com and look for the link at the upper left of your screen for "Locate an Elder Law Attorney".

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Answered on 6/16/03, 11:58 am
Walter LeVine Walter D. LeVine, Esq.

Re: Trusts

This question was answered previously. There appears to be some confusion as to what has been offered, a trust that will protect assets in the event of medicaid necessity (legal if properly drawn) or some other promise? My only concern is that if you have any work done, it meet the requirements of the state in which eligibility is being sought. There are a great many concerns and specific requirements, so use some familiar with the local laws and requirements.

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Answered on 6/16/03, 3:46 pm


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