Medicaid Asset Protection Trusts are a powerful planning tool that preserve assets and can enable applicants to qualify for Medicaid. However, it’s important to understand the rules of the trust; for instance, which assets can go in and which assets stay out, and the critical timing involved in these transfers. Here are some do’s and don’ts to follow that will give you the maximum value for your Medicaid Asset Protection Trust.
Pierro, Connor & Strauss, LLC is proud to announce that three of its partners will be recognized in the 2023 edition of The Best Lawyers in America® and one attorney listed as Best Lawyers: Ones to Watch in America.™
Collecting art or other valuable items can be a passion for many people. Sometimes the passion is about investments because the art world has enjoyed enormous appreciation over the last few years. But more often it’s about enjoying the art or the medium itself than about ensuring financial gain. However, once you have accumulated a sizable collection, what do you want to happen to it after your death?
Running a small business can keep you busy, but it should not keep you from creating an estate plan. Having a valid, legally enforceable and well thought out plan in place is important for everyone to make a priority, especially small business owners. Not having a plan in place can cause problems for your business and your family after you are gone.
Being the executor of an estate can be a time-consuming job, depending on the size and complexity of the estate. While a simple estate can take a few months and not require a huge time commitment, if there are problems, the job can drag on for years.
The amount you can gift to any one person without filing a gift tax form is increasing from $15,000 to $16,000 in 2022, the first increase since 2018. Many people remember the $10,000 per person limit, which has increased over the years to $16,000. Remember – tax law and Medicaid law are like oil and water – there are NO free gifts for Medicaid.
Attorney Louis W. Pierro has spent nearly four decades focusing on legal issues relating to estate planning, trusts, and business plans. This in-depth expertise in corporate law prompted TIME Magazine to reach out for his opinion on the accuracy of the HBO hit Succession. Along with two other corporate attorneys– and fervent fans– Mr. Pierro offered insight and legal advice to the characters of this addictive satirical drama.
Pierro Featured in TIME Magazine
Waystar Royco, a fictional version of the world’s largest media and entertainment conglomerate and a highly dysfunctional dynasty, is at the heart of the show. Succession chronicles a high-profile family’s power struggle to dominate the company when the patriarch’s health begins to decline.
The media mogul’s children go to great lengths to gain an advantage– or personal favor– with their father, Logan Roy. His oldest son contends that his father personally oversaw and condoned the cover-up of decades worth of sexual intimidation and exploitation on their cruise line.
Accuracy of Legal Drama Succession
In the TIME Magazine article, Louis Pierro weighs in on a number of pressing issues with staff writer Andrew Chow.
AC: How common are father and son power struggles in the corporate world?
Pierro: I do see that all the time—and the impact that has on the kids who are waiting around saying, O.K., when is it my turn? But I haven’t seen too many cases where one of the children tried to jump up and pull that business out before the dad was ready to let go.
AC: How do general counsels deal with conflicting loyalties to different members of a family in addition to the company itself?
Pierro: I represent a company that is owned by five siblings. One of them is in the controlling position, but the other four siblings have raised a number of issues. My duty of loyalty, in that case, is to the company, as I am corporate counsel. So, when push came to shove, I had to recommend to the CEO that he get personal counsel to represent him individually in what ended up being a shareholder battle.
AC: How common is it for corporations to refuse to cooperate with federal authorities?
Pierro: It’s a strategy of many corporations to obfuscate, deny and hide. With the feds, it depends on who’s doing the investigation and how much of a pitbull they are. But in the corporate world, evidence is disappeared all the time. That is a common practice, unfortunately.
Expert Business, Estate and Tax Planning Legal Services
Louis Pierro has been recognized for “Trusts and Estates” by Best Lawyers and has maintained an AV preeminent rating from the Martindale-Hubbell since 2001. The legal team of Pierro, Connor & Strauss, LLC offers expert advocacy in business planning, estate and trust litigation, and tax planning for individuals and families from all walks of life. We are proud to offer personalized legal services to clients in ten locations that include the Capital Region, New York City, Long Island, Westchester, Hudson, Utica, Lake Placid, Fort Lee, NJ, Falmouth, MA, and Clearwater, FL. Contact us today for a free consultation
State Steps Back from Pioneering Progressive Social Policy. New “Lookback” Provision to Cause Penalties, Delays.
The care available to New York’s most vulnerable seniors and people with disabilities is facing draconian changes, with new rules announced by the Department of Health that will limit eligibility and access for new Medicaid applicants.Read more
The opportunity to make proper use of the present $11,700,000 Federal Gift Tax exemption, and the opportunity to fund and sell to Grantor Trusts, form and fund Grantor Retained Annuity Trusts, fund Qualified Personal Residence Trusts and other planning techniques, may be gone in a matter of days.Read more