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Written/Reviewed By:
Barry S. Kantrowitz, Esq.Last Updated: Apr 28, 2026
Read Time: 3 mins
Estate Law Attorneys Advising Families Since 1975
Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., can assist you if need to qualify for Medicaid benefits, but possess sufficient assets that may otherwise disqualify you. Our knowledgeable estate lawyers review each case individually; it is important to understand both your goals and projected healthcare needs. Then, we can discuss your options for qualifying for Medicaid.
Medicaid may cover nursing home expenses in some cases, but only if you do not have assets which put you over the qualifying limit. You are expected to “pay your own way” until your available assets are virtually exhausted. When you can no longer carry the financial burden of your own long-term residential care, Medicaid will assume responsibility to pay for your care. Our experienced attorneys want to help you see that a major share of your life savings will be protected for your family, instead of being spent on your care.
How Can I Keep My Medicaid Eligibility?
Qualifying for Medicaid assistance requires compliance with numerous governmental regulations. In an effort to meet the requirements of Medicaid’s asset test, people may opt to pass their assets down to their children or other family. This is a risky move to make without expert advice.
When you apply for Medicaid, your financial transactions during the prior five years will be examined, and most gifts made within that period will be “penalized” – that is, they will result in a period of time during which you will be denied Medicaid benefits. Accordingly, the process of transferring money and property must be done in a certain ways that comply with all laws and avoid or minimize the possible penalty. Attempting this process without the assistance of a skilled attorney all too often causes unfortunate mistakes, which could prevent you from getting the benefits you need and deserve.
What Options Do I Have to Remain Eligible for Medicaid?
There are several options we can discuss with you to make Medicaid a part of your estate planning process. We can evaluate your financial circumstances and determine what options would benefit you most.
Our basic approach is to assure that you retain financial independence and control to the greatest possible extent, for the longest possible time. Some of the options that may be available to you, depending upon your level of wealth and the extent of your income, include:
- Sinking fund: This approach would permit you to give away any “excess” funds not needed to carry you through the “look back period”
- Irrevocable Medicaid trust: This type of trust might allow you to shelter a share of your assets for your intended beneficiaries, without losing all economic benefit of those assets
- Medicaid salvage plan: Allows 40 to 60 percent of your total assets to be saved for your family through a combination of loans and gifts.
It is important to speak to an experienced estate law attorney before taking any of these steps. Mistakes made during this process can be costly to you both now and in the future. It is best to work closely with a lawyer who fully understands your situation as well as the applicable laws.
Estate Attorneys Offering Medicaid Planning
To speak with our experienced attorneys, please call (866) 971-0927 or contact us online. Our skilled estate law attorneys can also assist you with: wills, trusts, durable powers of attorney and more. We maintain offices in Rockland County, New York and Bergen County, New Jersey to serve you within your community. Messages left after business hours are returned promptly.
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Kenny Perlow20 days agoTrustindex verifies that the original source of the review is Google.
KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.Posted on Google
Aliza Ali84 days agoTrustindex verifies that the original source of the review is Google.
My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.Posted on Google
Jana Montero87 days agoTrustindex verifies that the original source of the review is Google.
I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!Posted on Google
Mike Sakmann93 days agoTrustindex verifies that the original source of the review is Google.
I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.Posted on Google
Liz Hecker99 days agoTrustindex verifies that the original source of the review is Google.
I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.Posted on Google
Brandy Miller122 days agoTrustindex verifies that the original source of the review is Google.
Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for herPosted on Google
Mike Greenspan135 days agoTrustindex verifies that the original source of the review is Google.
Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.Posted on Google
Jonathan Sampson142 days agoTrustindex verifies that the original source of the review is Google.
Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommendPosted on Google
Vinnie Kung145 days agoTrustindex verifies that the original source of the review is Google.
We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!Posted on Google
Lynn Gill146 days agoTrustindex verifies that the original source of the review is Google.
The personnel at this business were second to none. Everyone was super responsive and amazing to work with. For any future legal needs, this will be my go-to, hands down.