Legal Question in Wills and Trusts in New York

NY Will Law 1963

I practice in Conn. with the new kennedy kassenbaum legislation concerning the criminalization of asset transfers to qualify for Medicaid assistance I am unsure as to how to advise a client who wants to transfer a home that was purchased this year from the sale of his property in Florida and he has listed himself and his 2 sons as JTWROS on the Conn. home. Is it acceptable to now remove his name and quit claim his interest to his sons? I would appreciate this advise since I am concerned about how this new law will affect this type of situation


Asked on 9/18/97, 7:30 am

2 Answers from Attorneys
Jeffrey W. Jones Jeffrey W. Jones, P.A.

medicaid transfers

I've got good news and bad news for you and your client. The good news is for your client: since passage of the so-called "Taxpayer Relief Act of 1997", transfers to qualify for medicaid are no longer criminal. The bad news is for you: it is now a federal crime to advise your client to make such a transfer, if as a result a period of medicaid ineligibility results, even though the client's actions will be perfectly legal. Hey Congress: *ever hear of the First Amendment*? Good luck.

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Answered on 9/19/97, 9:23 am
Stuart Williams

Kennedy Kassenbaum

The feeling amongst my peers is that it will be struck down on Constitutional grounds -- I hadn't heard 1st Ammendment, but the Right to Counsel is likely to defeat it when next it gets challenged. I, for one, have chosen to just about ignore it, or at least to give it only lip service, should the situation arise.

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Answered on 9/23/97, 11:26 pm


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