If a will is not valid, a person will be deemed to have died “intestate”, and property will be distributed according to state intestate laws. Learn what you need to do to prevent this outcome.more...
Boston & Braintree Medicaid Planning and Asset Protection Lawyer
I help clients navigate the complex Medicaid eligibility rules and properly plan for the possibility that they or their spouse may require nursing home care.
Medicaid will pay nursing home and long-term care expenses for medically and financially eligible individuals. Medicaid planning is intended to engage in appropriate and permissible strategies to best meet your goals and priorities to meet future medical needs.
One planning strategy for preserving assets involves the use of trusts. When assets are placed in a qualifying irrevocable income-only trust, those assets are no longer owned by the person who created the trust, and five years after the transfer, those assets will not prevent that person from qualifying for Medicaid.
As a result, the transfer of assets into this type of trust must take place at least five years before you apply for Medicaid long term care benefits. Conversely, asset transfers done in the five years before you apply for Medicaid benefits to pay for a nursing home may cause you to be ineligible for benefits.
We Can Help
Medicaid planning poses unique challenges to every family and requires individual solutions. I strongly recommend that no one should attempt Medicaid planning without the guidance of an experienced elder law attorney. Your wish for asset protection must be tailored to your circumstances and goals, and must comply with Medicaid and public benefit rules and laws.
What Our Clients Say
“He is a trustworthy person who will try to do what’s best for you.”
Google 5 Star Review – J.F.
The firm will not take any action on your behalf unless and until a written agreement for representation is signed by the firm.
Gemma Law Office News & Information
If you die without a will in Massachusetts, the state intestate laws will determine who inherits your probate property. It does not matter whether you wanted (or did not want) these people to inherit your assets; the administrator of your estate must distribute assets according to law. Learn what you need to do to protect your wishes.more...