Planning Your Will & Future With A Lawyer

What is Medicaid? A Legal FAQ


Medicaid is the Primary public health insurance program in America with roughly 1 out of every 5 Americans receiving its benefits. Established in 1965 by President Lyndon B. Johnson, Medicaid covers low-income families, disabled citizens, senior citizens, and pregnant women who do not have private insurance or need supplemental insurance.

It is a joint federal and state program covering several medical benefits including costs of nursing homes, help for the disabled, long term health care plans for those with permanent conditions and many others. As such, its coverage varies per state. Most notably, in New York, it covers long term custodial care within your home or in your nursing home.

What is the difference with Medicare?

Medicare and Medicaid should not be confused with each other as Medicare is a Federal insurance program that focuses on rehabilitation and or acute medical conditions. Medical expenses are covered by trust funds that patients have paid for. Unlike Medicaid, it is basically the same all across the United States and its rules do not usually change per state.

Eligibility in New York

In 2014, roughly 15 million Americans below 65 years old with low incomes have become eligible for Medicaid thanks to the affordable care act expansion program. Along with low income families, people with medical conditions or require medical-aid are eligible for the program. Those suffering from cancer or conditions like tuberculosis are a few examples.

In the state of New York, an individual applicant is permitted to own up to $4,350 (2008) not including non-liquid assets such as their homes and others. The rules will vary per state so it is highly recommended to find an elder lawyer experienced with Medicaid within the state you receive Medicaid.

Can I protect my assets and still be eligible to apply for Medicaid?

Yes. With the help of an experienced elder law attorney, you will receive proper legal advice and comprehensive Medicaid planning to protect your life savings and your income. If you do not have proper planning and still wish to receive Medicaid benefits in New York, you may be forced to deplete your income and life savings and follow other strict requirements in order to qualify.

Can I plan and apply for it on my own?

A simple mistake in a Medicaid application has strong financial consequences. Something like transferring assets to your children improperly can set back your Medicaid benefits for several months. This is why it is strongly advised that you receive help from an elder law attorney.

What are the benefits?

Medicaid coverage has plenty in common with private health insurance plans but it also covers benefits, like long term health care, that aren’t in included in private plans. Here’s a few examples Medicaid coverage:

Hospital services (X-rays, blood tests, etc.)

Doctor’s fees

Midwife and nurse services

Family planning

Transportation services

And several others including optional benefits that vary per state

Home care services

In New York, Medicaid planning includes home care services. This is for individuals who do not wish to transfer to nursing homes or other facilities. Proper Medicaid planning in conjunction with legal techniques like caregiver agreements can help give you a suitable plan while also making your making Medicaid application easier and faster.

Law Offices Of Roman Aminov Brooklyn 1600 Avenue M, Brooklyn, NY 11230 (347) 766-2682. Law Offices Of Roman Aminov 147-17 Union Turnpike, Flushing, NY 11367 (347) 766-2685.

An Overview Of Estate Planning in Queens, NY

Medicaid Planning Law

A Brief Overview Of Estate Planning

Estate planning is a process that involves all of your assets and concerns your loved ones such as your family, friends, and, in an some cases, even groups that you care about such as charitable institutions. It will determine what will happen to your assets or properties as well as various forms of ownership and titles. Estate planning also addresses your future plans especially when you are not able to take care of yourself anymore.

By planning your estate, you can:

Determine how and who will manage your assets for you when you are unable to do them yourself;

When and in which situations you want to distribute your assets while you are still alive;

To whom and how your assets will be distributed after you die;

How your personal care will be managed and;

Who will manage your care when you are unable to take care of yourself.

Most people think of estate planning as writing a will and stating how to distribute assets when one dies. There are many other factors that are involved in estate planning such as tax, medical, financial and business planning. A will is just a part of it. There are also easily overlooked things that must be considered such as the legal validity of your wishes when planning your estate, for example: your preferred method of probating your wills inheritance can be overruled by a court if it does not follow the laws in your state. Executing probate in New York can be complicated and requires a true legal expert.

Before you decide on estate planning, ask yourself about your assets and their value:

Are there particular people or groups that you want to receive those assets and when do you want it to happen?

When you are unable to take care of yourself, who will manage the assets?

Who will be responsible for your children (minors) and who should decide for yourself when you are unable to take care of yourself anymore?

What plans do you have upon the moment of your death; do you want to be cremated or buried? Or if there is another way you want your remains to be handled.

Everybody needs estate planning. Even if your estate is small you need to ensure that there will be no confusion and remove any ambiguity when you die. Failure to plan for one's estate means that the judge will do it and you or your family may not like the appointed administrator or how your properties are divided.
Your estate is comprised of all your assets. Among them are money from the bank, real estate properties, stocks, bonds, cars, jewelry, furniture, etc. It may also include retirement accounts, life insurance proceeds, tax refunds, or inheritances.  The value of your estate will be the "fair market value" of all the different types of property after debts have been deducted. The total value of the estate will determine if it will be subjected to estate taxes.  The best way to insure that everything you own is handled and passed on how you want is to discuss matters openly with an estate planning lawyer that you can trust.

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If you live in Brooklyn and are looking for an elder law attorney call the Law Offices Of Roman Aminov today and visit our Brooklyn office right away. Our contact details are: Law Offices Of Roman Aminov Brooklyn 1600 Avenue M, Brooklyn, NY 11230 (347) 766-2682. If you live in Queens and require estate planning or probate visit the Law Offices of Roman Aminov Flushing location. The exact contact information is Law Offices Of Roman Aminov 147-17 Union Turnpike, Flushing, NY 11367 (347) 766-2685. Please call in advance to schedule an appointment for a free consultation.

Do you have a lot of questions on what the probate process is all about? View our interactive estate education video page which can answer many of your frequently asked questions.
Welcome to the Law Offices Of Roman Aminov. You have came to the information page for our Brooklyn estate planning location located in Flatbush. Planning your will and estate is not the easiest process and that's why the Law Offices Of Roman Aminov is here to help you every step of the way. Proper allocation of your funds is not something that happens automatically. From dealing with the last will and testament to dealing with the courts, we will handle everything for you. We also deal with estate administration issues. This is an issue that occurs when someone passes away without leaving a will. We also provide medicaid and nursing home planning services. When it comes to dealing with elder law and the probate process in Brooklyn, the Law Offices Of Roman Aminov is the right choice. Due to the high cost of living in our area as well as the many options for healthcare planning, Brooklyn elder law can be a tedious and time consuming process if not tackled correctly. Call us today to find out how we can make planning your future as easy as can be. Call 347-766-2682 for a free and private consultation. We would just like to remind you that in the event you have a loved one who did not leave a will, their is a process in place in NY for you to obtain the assets that you deserve. The estate administration process in Queens & Brooklyn (where we practice) is one that requires a lot of patients. The Law Offices Of Roman Aminov will do everything in our power to fight for your rights and get you what belongs to you.


Medicaid Planning With An Elder Lawyer Many of us in NYC cannot afford long term health insurance that will carry us into our golden years. The only option remains medicaid. The issue with medicaid is that after one passes away medicaid can dig into their estate to compensate themselves for the fees incurred during that persons lifetime. In NY, An irrevocable medicaid trust is one method the Law Offices Of Roman Aminov takes in order to protect your assets and still receive long term medicaid. We have many techniques that we can share with you that will allow you to receive your long term benefits from the government while protecting your home and other assets. So if you need a Medicaid planning lawyer in Brooklyn or Queens, pick up the phone and call the Law Offices Of Roman Aminov today. Citizens that have difficulties paying for private insurances can also sometimes be eligible for Social Security Disability or SSD. If you are recently retired or are still in the work force and have sustained certain injuries at the workplace you should speak to us about NY Workers laws and see what help you may be eligible for.

Estate Planning Law: The Legal Know-how  

Many people are under the impression that estate planning is only for the wealthy. However, planning on what happens to your estate after death can prove useful for anyone. It doesn’t just involve your assets but also your family, your property, and even your well-being should there come a time that you are unable to look after your own needs.

Estate planning is not a one-time task; it’s a process that you have to go through to be able to prepare for the future properly.


What Constitutes an Estate Plan?


The main component of an estate plan is your will. It also includes powers of attorney (financial power of attorney and medical power of attorney), designated beneficiaries, powers of appointment, and ownership of property. You might also want to set up a trust for your beneficiaries, if they are underage or unable to decide for themselves.


Why do you need it?


Estate planning is not just to prepare for death. It’s also a preparation for old age and possible disability or incapacitation. Through an estate plan, you can assign someone to take care of managing your assets if you are unable to do it yourself, how and when to distribute your assets while you are still alive, and how to distribute your assets after death.

In addition, you can also specify your health care plans, such as who or what healthcare facility you want to look after you should you ever need it in your lifetime. It can also include special instructions on what to do for certain medical emergencies, life support decisions, and even funeral arrangements for your death.

Everyone needs an estate plan. It will not only give you peace of mind that everything is in place even after you die or become incapacitated but it also ensures that all your beneficiaries are taken care of.

Your estate includes all of your assets, whether owned solely by you or jointly with your spouse or family members.


When preparing legal aspects of an estate plan, you should consider the total value of all your assets (minus your debts). Make sure to keep in mind your state’s estate laws when preparing your plan to prevent any setbacks in the future.


Where to Start


Preparing an estate plan may sound intimidating but with the help of an attorney and an accountant, it should be easier for you to put together a plan for your estate that abides by both federal and state laws.

You can start with making a list of all your assets, including your liquid assets, retirement savings, investments, businesses, real properties, and insurance. Afterwards, make a list of all your beneficiaries and how you would like your estate to be distributed among your heirs. To be safe, you should appoint a person who can manage your assets and decide for your care if you’re ever incapacitated or unable to manage these things yourself.


The will is an important aspect of estate planning as it ensures that all your plans and wishes will be followed even after death. Without a will, disputes may arise among family members about financial decisions and medical decisions.

If you’re ever unsure about where to start or how to go about the process, contact an estate-planning lawyer or get in touch with a firm to help you start the planning process.


Estate Planning Law: The Legal Know-how  

Many people are under the impression that estate planning is only for the wealthy. However, planning on what happens to your estate after death can prove useful for anyone. It doesn’t just involve your assets but also your family, your property, and even your well-being should there come a time that you are unable to look after your own needs.

Estate planning is not a one-time task; it’s a process that you have to go through to be able to prepare for the future properly.


What Constitutes an Estate Plan?


The main component of an estate plan is your will. It also includes powers of attorney (financial power of attorney and medical power of attorney), designated beneficiaries, powers of appointment, and ownership of property. You might also want to set up a trust for your beneficiaries, if they are underage or unable to decide for themselves.


Why do you need it?

Estate planning is not just to prepare for death. It’s also a preparation for old age and possible disability or incapacitation. Through an estate plan, you can assign someone to take care of managing your assets if you are unable to do it yourself, how and when to distribute your assets while you are still alive, and how to distribute your assets after death.

In addition, you can also specify your health care plans, such as who or what healthcare facility you want to look after you should you ever need it in your lifetime. It can also include special instructions on what to do for certain medical emergencies, life support decisions, and even funeral arrangements for your death.

Everyone needs an estate plan. It will not only give you peace of mind that everything is in place even after you die or become incapacitated but it also ensures that all your beneficiaries are taken care of.

Your estate includes all of your assets, whether owned solely by you or jointly with your spouse or family members.

When preparing legal aspects of an estate plan, you should consider the total value of all your assets (minus your debts). Make sure to keep in mind your state’s estate laws when preparing your plan to prevent any setbacks in the future.


Where to Start


Preparing an estate plan may sound intimidating but with the help of an attorney and an accountant, it should be easier for you to put together a plan for your estate that abides by both federal and state laws.

You can start with making a list of all your assets, including your liquid assets, retirement savings, investments, businesses, real properties, and insurance. Afterwards, make a list of all your beneficiaries and how you would like your estate to be distributed among your heirs. To be safe, you should appoint a person who can manage your assets and decide for your care if you’re ever incapacitated or unable to manage these things yourself.


The will is an important aspect of estate planning as it ensures that all your plans and wishes will be followed even after death. Without a will, disputes may arise among family members about financial decisions and medical decisions.

If you’re ever unsure about where to start or how to go about the process, contact an estate-planning lawyer or get in touch with a firm to help you start the planning process.