Legal Question in Wills and Trusts in New York

My father lives in NJ. My brother live sin the state of NY and has medicaid. We just prepared my fathers last will and testament but need to know if my brother could lose his medicaid benefits by accepting an inheritance upon my father's passing.

Asked on 9/16/10, 10:07 am

David Leon David L. Leon, P.C.

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Possibly. You should have a Medicaid planner visit with your brother to be sure.

Answered on 9/21/10, 10:19 am

Norman Nadel Norman Nadel, Esq.

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In order to avoid the loss of benefits, consideration should be given to including a "special needs trust" in your father's Will.

Answered on 9/21/10, 10:28 am

Arnold Nager Arnold H. Nager, Esquire

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Your father should probably have his attorney create a Supplemental Needs Trust for your brother.

Answered on 9/21/10, 10:29 am

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