Legal Question in Business Law in Pennsylvania

I live in PA. My wife and I are general partners in a campground business. If we change our busibess enity to an LLC and add my 3 children as members, will this protect my business assests from Medicaid in the event my wife or I go to a nursing home and apply for medicaid assistance?


Asked on 2/27/12, 10:19 am

1 Answer from Attorneys

Michael Duffy Duffy Law, LLC

Hi there,

Changing your business entity type does not generally protect or hide assets. It sounds more like what you want to do it to transfer some of the business ownership to your children to reduce your assets enough so that you'd qualify for medicaid. This is called estate planning for business owners. That might be accomplished with either a partnership or an LLC, depending on your situation and needs. However there are limitations, particularly in terms of the time-frame and intent - if the transfers were too soon prior to utilizing a benefit program, your might either be denied coverage, or they can go after what would be considered a fraudulent transfer and recover against those assets. Also, Medicaid can often recover against your assets after death for the costs of certain things, such as long term institutionalization for those 55 and over, so careful planning is required.

If you would like to discuss your matter further over a free and confidential phone consult, please contact me at your convenience.

Regards,

Michael J. Duffy

Duffy Law, LLC

1-888-414-5773

www.mduffylaw.com

[email protected]

Please note: The information provided here is for general informational purposes only and should not be construed as legal advice or legal opinion on specific facts or circumstances. You should consult an experienced attorney concerning your particular factual situation and any specific legal questions you may have. No attorney-client relationship is created merely through the exchange of information via this web site. Michael J. Duffy will not undertake representation of a client without the client first signing a written retainer and representation agreement.

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Answered on 2/27/12, 12:14 pm


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