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From the Files of Our Practice

Case Studies

Every family’s situation is different, but the goal is always the same: protect what matters most.

This page showcases a small selection of the cases our firm has been able to manage successfully. They represent just a few examples from the thousands of clients we’ve helped over the past two decades.

20+ Years of Practice
2,000+ Families Served
NY & NJ Courts We Practice In
Case File 01 Medicaid & Asset Protection New York

The case of public benefit preservation with a twist

Two elderly parents were on Medicaid. They had one adult son who was a very nice guy. He was married to a girl who was the opposite of nice and very opportunistic. Dad was in the middle of a very large medical malpractice lawsuit. He was physically in a very bad shape and was dependent on Medicaid services. He needed to protect Medicaid at all costs. At the same time, he was about to receive a large legal award from the lawsuit, and the son being married to the wrong girl was a concern.

They had the following objectives:

  1. Protect the lawsuit award from Medicaid lien.
  2. Preserve Medicaid eligibility after the award since it would make dad over-resourced.
  3. Protect all that from a daughter-in-law.

At the end, after all the attorney’s fees and costs, the dad received several million in damages. We drafted a trust for the funds and notified Medicaid about it and how it was properly disposed of. Despite a large sum, we abided by all Medicaid rules and there was no lien.

And then we also knew that the son’s wife would go after the money, as she eventually did. So, we created two trusts: one with just enough money to look like a total settlement, and the other with the balance. The clients told the daughter-in-law about the first trust, but not the second. A loyal family friend protected the second trust, even from the son, until the time was right to let him know. Luckily, that time was right immediately following the son’s divorce from their unscrupulous ex. Everyone on that day, except maybe for her, was a winner.

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Case File 02 Medicaid Planning Brooklyn, New York

Planning for two working spouses when one is suddenly disabled

Husband and wife, both working in their early 60s. Husband was diagnosed with a rapidly progressing debilitating disease. The wife wanted to continue working. They also had savings and an apartment in Brooklyn, New York. Through proper Medicaid planning, husband received full straight Medicaid while wife continued to work without interruption. The assets were protected with the use of a trust and other Medicaid planning techniques.

Both clients also received comprehensive powers of attorney and healthcare proxies that helped the wife act on the husband’s behalf as his agent. A few months later, if they waited, that would not have been an option due to husband’s lack of ability to comprehend and sign the documents when his disease progressed.

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Case File 03 Guardianship New York & New Jersey

What happens when you delay and take too long of a time?

A client’s wife called the office in distress. She and her husband kept pushing off their estate planning even after he was diagnosed with dementia. At the time of diagnosis, there was still an opportunity to sign all the necessary documents appointing financial and healthcare agents, but the husband and wife kept putting it off until the husband’s condition worsened.

When they met with the attorney, the husband no longer had the requisite mental capacity to understand and appreciate his circumstances, and to sign the necessary documents. In the absence or inability to sign, the next step was obtaining a similar appointment of an agent through guardianship court. This firm has been successfully assisting clients with guardianships in both New York and New Jersey courts for many years. Obtaining guardianship appointments in this matter was a routine task for the firm.

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Case File 04 Special Needs Planning Public Benefits

Special needs planning

A married couple had 3 children. One of those children was severely autistic and could not manage their daily activities. If clients passed away, the child would not have anyone legally appointed to take care of them. But even worse, the parents had significant assets. If those assets went directly to the child, the child will lose all their public benefits, especially Medicaid.

With the use of properly structured legal documents, the parents retained full control of the assets and were able to set up a system where the child would be taken care of and the inheritance would never jeopardize their public benefits, especially Medicaid.

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Case File 05 Medicaid Eligibility New York City

Assisting clients with applying for Medicaid where there is a cooperative apartment involved

Client wanted to become eligible for Medicaid but had excess income and savings, including a co-op unit in New York City. The firm was able to reposition the client’s excess income and savings utilizing proper pledging techniques, including assisting the client with transfer of their co-op unit into an irrevocable trust. The firm then assisted clients with obtaining full Medicaid benefits, including a home care attendant.

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Case File 06 Estate Administration New York City

Estate administration in New York City

A client’s parent passed away without a will and with several known creditors. The firm was able to navigate through the Surrogate’s Court requirements and appoint the client as administrator of the estate. This person was then able to successfully deal with creditors and distribute the property to estate beneficiaries.

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Case File 07 Estate Administration New Jersey & Abroad

Dealing with estate with foreign beneficiaries

Client passed away in New Jersey with all of their beneficiaries residing outside the United States. Working with the local legal counsel in each of the outside countries, the firm successfully helped open the estate and provide all beneficiaries their respective shares.

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Every Case Here Began With a Conversation

Yours can start today. Tell us what your family is facing — in New York or New Jersey — and we’ll build the plan that protects what matters most.

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