Legal Question in Wills and Trusts in New York

My 87-yr-old father, worth about $400K, already in nursing home: Should 2 surviving children establish trust to protect half of estate from nursing home access? A lawyer here wants us to do it for $9500, but bank attorneys advise against it. Is this possibly designed to mostly benefit the lawyer?


Asked on 8/24/09, 7:14 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

You do not say if the attorney is an expert in elder law and Medicaid law. The rules have tightened up and it is much more difficult today to protect assets from Medicaid claims. These might be something you can go, and seeking the advice of a specialized attorney would be recommended. This is especially so if neither child lived with Dad when he entered the home.

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Answered on 8/30/09, 2:48 pm


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