Estate Planning, Medicaid, Probate, Special Needs, and Asset Protection Matters in New York and New Jersey
Families often contact the Law Office of Inna Fershteyn and Associates, P.C. after they’ve already tried to navigate complex estate planning, Medicaid, probate, guardianship, or asset protection issues on their own. The following case studies illustrate how our team has helped clients in New York and New Jersey resolve these challenges. Details have been adjusted to protect client confidentiality.
Case Study: Resolving a New York Medicaid Fraud Investigation Involving an $80,000 Repayment Demand
Client Profile: Brooklyn resident facing a New York State Medicaid fraud investigation
The Situation
The client received a notice from the New York State Office of the Medicaid Inspector General alleging improper receipt of benefits and demanding repayment of approximately $80,000.
Our Approach
- Reviewed the client’s full Medicaid application and financial history
- Identified documentation errors and gaps in the state’s case
- Negotiated directly with the Medicaid Inspector General’s office
- Prepared and submitted a formal response with supporting evidence
Result
We substantially reduced the repayment demand and resolved the investigation without referral for prosecution.
Who This Helps
Anyone who has received a Medicaid fraud investigation notice or repayment demand letter.
Related practice areas: Medicaid Fraud Investigation
Case Study: Coordinating Estate, Medicaid, and Asset-Protection Planning for an $8 Million Brooklyn Real Estate Portfolio
Client Profile: Brooklyn family owning multiple investment properties valued at approximately $8 million
The Situation
The clients wanted to protect a substantial real estate portfolio from potential long-term care costs and estate taxes, while also planning for eventual transfer to their children.
Our Approach
- Analyzed the full property portfolio and ownership structure
- Established irrevocable trusts to hold real estate assets
- Coordinated Medicaid asset-protection planning with estate planning goals
- Structured the plan to minimize tax exposure at transfer
Result
The family’s real estate holdings were repositioned to protect against nursing home spend-down while preserving favorable tax treatment for the next generation.
Who This Helps
Real estate owners and investors with significant property holdings who want to protect assets from long-term care costs.
Related practice areas: Estate Planning, Medicaid Planning, Asset Protection
Case Study: Obtaining Article 81 Guardianship for an Older Brooklyn Resident with Dementia
Client Profile: Brighton Beach, Brooklyn resident diagnosed with advanced dementia
The Situation
The client’s family needed legal authority to manage her finances and medical decisions after she was no longer able to do so herself, and no power of attorney was in place.
Our Approach
- Filed an Article 81 guardianship petition in New York State Supreme Court
- Coordinated a court evaluation of the incapacitated person
- Represented the family at the guardianship hearing
- Assisted with the transition of financial and medical decision-making authority
Result
The court appointed a family member as guardian, allowing for proper management of the individual’s care and finances.
Who This Helps
Families of loved ones who have become incapacitated without having executed a power of attorney or health care proxy.
Related practice areas: Article 81 Guardianship, Elder Law
Case Study: Guiding a Manhattan Family Through New York Probate After an Unexpected Loss
Client Profile: Upper East Side, Manhattan family following the sudden death of a parent
The Situation
The decedent passed away unexpectedly, leaving a will that needed to be admitted to Surrogate’s Court, along with several outstanding financial and property matters.
Our Approach
- Filed the petition for probate with Surrogate’s Court
- Located and notified all interested parties and beneficiaries
- Assisted the executor with marshaling estate assets
- Resolved outstanding creditor claims and tax filings
Result
The estate was administered efficiently, and assets were distributed to beneficiaries in accordance with the decedent’s wishes.
Who This Helps
Families serving as executors who are unfamiliar with the New York probate process.
Related practice areas: New York Probate, Estate Administration
Case Study: Creating a Third-Party Supplemental Needs Trust for a Child with Autism
Client Profile: Park Slope, Brooklyn parents of a young child diagnosed with autism
The Situation
The parents wanted to leave an inheritance for their child without jeopardizing the child’s future eligibility for government benefits.
Our Approach
- Drafted a third-party supplemental needs trust naming the child as beneficiary
- Coordinated the trust with the family’s overall estate plan
- Advised on appropriate trustee and successor trustee selection
- Explained permissible trust distributions that would not affect benefit eligibility
Result
The family now has a plan in place that will provide for their child’s supplemental needs for life without disqualifying them from Medicaid or SSI.
Who This Helps
Parents and family members of individuals with disabilities who rely on, or may rely on, government benefits.
Related practice areas: Supplemental Needs Trust, Special Needs Planning
Case Study: Implementing Emergency Medicaid Planning Following a Serious Stroke
Client Profile: Staten Island family whose parent suffered a sudden, disabling stroke
The Situation
The parent required immediate nursing home care, and the family had not done any prior Medicaid or asset-protection planning.
Our Approach
- Conducted an emergency asset and income assessment
- Prepared and filed a Medicaid application using crisis-planning strategies
- Used permissible spend-down and transfer techniques to protect a portion of the family’s assets
- Coordinated with the nursing facility on interim payment arrangements
Result
The parent was approved for Medicaid coverage of nursing home care, and the family preserved a portion of their assets despite the lack of advance planning.
Who This Helps
Families facing a sudden long-term care need without an existing Medicaid or asset-protection plan.
Related practice areas: Medicaid Planning, Emergency and Crisis Planning
Watch: Learn how we helped a client become eligible for Emergency Medicaid for home care (Instagram video)
Case Study: Coordinating Asset Protection and Succession Planning for a New Jersey Family Business
Client Profile: Northern New Jersey family that owns and operates a closely held business
The Situation
The owners wanted to protect personal and business assets from potential liability while planning for the next generation to eventually take over the business.
Our Approach
- Reviewed the business’s legal and ownership structure
- Implemented asset-protection strategies to separate personal and business risk
- Drafted a succession plan and buy-sell agreement for the next generation
- Coordinated the business plan with the owners’ personal estate plan
Result
The family business is now structured to protect the owners’ personal assets, with a clear succession plan in place for the future.
Who This Helps
Business owners who want to protect personal assets while planning for the continuity of a family business.
Related practice areas: Asset Protection, Estate Planning, Business Succession Planning
Case Study: Handling New York Probate for a New Jersey Family Inheriting Manhattan Real Estate
Client Profile: New Jersey family who inherited a Manhattan condominium
The Situation
The family needed to open a New York probate proceeding despite living out of state, in order to transfer title to the inherited Manhattan property.
Our Approach
- Filed the probate petition in New York Surrogate’s Court on behalf of the out-of-state executor
- Handled all New York court appearances and filings
- Coordinated the transfer of title to the Manhattan real estate
- Advised on New York estate tax filings required for the property
Result
The New York probate matter was resolved without requiring the family to travel from New Jersey, and the property was transferred to the beneficiaries.
Who This Helps
Out-of-state families who inherit New York real estate and need to navigate the state’s probate process.
Related practice areas: New York Probate, Out-of-State Executor Representation
Case Study: Building a Comprehensive New Jersey Estate Plan for Retirement and Incapacity
Client Profile: New Jersey couple preparing for retirement
The Situation
The couple wanted a complete estate plan addressing incapacity, long-term care, and the eventual transfer of their assets to their children.
Our Approach
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- Prepared wills, powers of attorney, and health care directives
- Established trusts to address potential long-term care needs
- Reviewed beneficiary designations on retirement accounts
- Coordinated the plan with the couple’s New Jersey residency and tax situation
Result
The couple now has a complete, coordinated estate plan that addresses incapacity planning, long-term care, and the transfer of assets to their children.
Who This Helps
New Jersey retirees who want a comprehensive plan covering incapacity and legacy planning.
Related practice areas: Estate Planning, Incapacity Planning
Discuss Your Situation with an Experienced Attorney
Every family’s situation is different. Contact the Law Office of Inna Fershteyn and Associates, P.C. to schedule a consultation and discuss how we can help with your estate planning, Medicaid, probate, guardianship, or asset protection needs.