Planning ahead is crucial for Medicaid coverage of long-term care. Without proper preparation, you may need to spend down your assets to qualify for benefits. Through strategic Medicaid planning, you can protect your family's wealth while ensuring access to essential healthcare coverage when you need it.
Trusted Medicaid Planning in North Carolina
For over two decades, the North Carolina Medicaid planning attorneys at Strauss Attorneys, PLLC have supported thousands of families in planning their long-term care properly. We can support your Medicaid planning to ensure your financial security and peace of mind while meeting the requirements for Medicaid eligibility.
Andrew A. Strauss Partner, Board-Certified Specialist
With over four decades of experience, Andy takes a comprehensive approach, guiding clients through everything from basic will preparation to complex trust structures and business succession planning.
Top-Rated Lawyer in Trust & Estates
Member of the North Carolina, Florida, and Pennsylvania State Bars
With a keen eye for detail and a client-focused approach, Lee helps individuals and families safeguard their legacies, minimize tax burdens, and confidently navigate complex legal matters.
President of Summit Title Insurance in Hendersonville, NC.
Numerous non-profit board services in New Jersey and North Carolina
Cory combines legal expertise with a strong financial background in tax, investments, and insurance. His practice is centered around a deep commitment to assisting families with their estate planning and administration needs.
Larry S. Hartley Partner, Board-Certified Specialist
A former U.S. Naval Diving and Salvage Officer, Larry brings dedication and expertise to protecting seniors and their families, with a focus on estate planning, Medicaid, and veterans benefits.
Member, North Carolina Bar Association
Member, National Academy of Elder Law Attorneys (NAELA)
With over a decade of experience practicing law, Brad brings extensive expertise in estate planning, guardianships, fiduciary litigation, and probate and trust administration, as well as a dedication to helping clients protect their legacies.
AV Preeminent® rating by Martin Dale Hubbell
Florida’s Real Property and Probate Trust Law (RPPTL) Section
Leading our estate and fiduciary litigation team, Peter has practiced law in Western NC. since 2002 and specializes in trust and estate disputes, advanced planning, and business succession.
Member of the North Carolina Bar Association
Inaugural Member of the Harry C. Martin American Inn of Court
With nearly two decades of experience, Daire guides clients through estate planning with clarity and compassion. Dedicated to giving back, she actively supports pro bono initiatives and community advocacy.
Estate Planning & Fiduciary Law Section, North Carolina Bar Association, since 2008
Inspired by witnessing seniors’ challenges, James is passionate about guiding families through estate planning and elder law. Through Wills for Heroes, he proudly provides essential estate planning services to first responders.
With nearly two decades of experience, Samantha specializes in estate planning, trust administration, and fiduciary income tax matters. She has a unique ability to make complex estate planning discussions approachable.
North Carolina Bar Admission, 2013
Member, 10th Judicial District Bar
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What Our Clients Say
Efficient. Courteous. Professional. Thorough. Educative. Detailed. Lee did a great job guiding us through the process.
D.H. & E.H. – Candler, NC
We found it a pleasant experience, not the ordeal we thought it would be.
N.H. & M.H. – Flat Rock, NC
Very professional. Prompt service.
D.B. & B.B. – Pisgah Forest, NC
Very professional, objective and precise, yet presented in easy to understand language.
E.M. & J. M. – Brevard, NC
I sincerely thank all of you and I feel comfortable concerning my will.
S.H. – Asheville, NC
Strauss Attorneys PLLC does a terrific job of estate administration.
B.A. – Waynesville, NC
Reinstatement of our trust since moving from CA. Brad. Alex and Kim were so welcoming and professional in every way including some very personal issues with family members. Brad...
Mark & Kathy Willard
I need help with a final accounting and I think I’ve found the right person.
Robert Todd Dorsey
Our experience with Strauss Attorneys PLLC in Hendersonville, North Carolina has been nothing short of fantastic. At our age, we were long overdue to generate a Will or Trust to...
RK
Andy Strauss is the best. He’s smart, caring, a good listener, a clear communicator, and collaborative. Highly recommend him.
L — Asheville, NC
I needed to get a document notarized and it was a wonderful experience. The professionalism was outstanding with an extremely knowledgeable young lady.
Richard Ehlers
I was taken care of very well. James Fleming was polite and well knowledged.
L.H., Hendersonville, NC
Very friendly, informative, and thorough. All personel seem very professional.
Anonymous, Hendersonville, NC
We felt important and have had for years a good relationship with Lee Mulligan
Wiley & Betty, Hendersonville, NC
I have been particularly impressed with the thoroughness of document preparation and explanations in writing of what I should do to maximize the provisions & benefits of my ...
P.A., Hendersonville, NC
Professional assistance in a friendly atmosphere!
William & Linda, Hendersonville, NC
I was unaware of the document called a Living Trust until I attended a seminar presented by Lee Mulligan comparing the advantages of a trust with those of a traditional will. At...
Anonymous, Hendersonville, NC
Our experience was wonderful. Spoke with a language we both could understand and digest. You are a keeper.
MZ & BZ, Hendersonville, NC
Forming a trust for my family was a great experience with Mr. Henry’s professional and personal approach. I felt well informed and treated with the utmost respect. I appre...
PA, Hendersonville, NC
The experience & staff were courteous, professional, and we got what we needed.
GG & NG, Hendersonville, NC
Brad Henry was brilliant and precise. We highly recommend him.
DC & EC, Hendersonville, NC
Impeccable knowledge of NC Trusts & Wills. Difficult questions answered clearly and easily
WH, Hendersonville, NC
Great experience. Brad took time to explain everything thoroughly and was very thoughtful with looking at our entire situation. Grateful to him and the team that supports him.
Adam & Stephannie, Hendersonville, NC
Brad was very helpful in explaining the whole legal process – Brad explained the whole process in a very clear and understandable manner – Two notaries were very eff...
RL & NT, HEndersonville, NC
Our attorney, Lee Mulligan, and the staff were professional, courteous, and friendly.
D. R., Hendersonville, NC
Our experience was pleasurable, informative, emotionally satisfying, and confident that we are in good hands. Everyone is always courteous, helpful, considerate, and caring. The...
Burton and Doris, Hendersonville, NC
I have always been made to feel welcome and very well cared for by a most professional team of kind people who know their business well. Lee Mulligan in particular!
Anonymous, Hendersonville, NC
Professional, congenial, comforting. We have confidence in what you’ve done for us.
Steven & Carmon, Hendersonville, NC
We felt Brad welcomed us, educated us and made himself available for clarifications.
Sandy, Hendersonville, NC
Even though I feel intimidated by the “Big Book”, Lee was thorough in her explanations.
Nancy Pew, Hendersonville, NC
Lee explained everything in terms we could understand and the chart she drew was very helpful. We are confident our children will be well advised when settling our estate.
J.E. & B.E., Hendersonville, NC
We had a series of issues that Brad was able to incorporate into the discussion and explain the implications of each.
Cindy & Pam, Hendersonville, NC
Restatement of my trust was a stressless experience- Felt very comfortable with Brad & staff.
How Can Medicaid Planning in North Carolina Benefit Me?
Medicaid planning offers numerous benefits for Americans seeking long-term care without depleting their savings. Through proper planning, you can qualify for Medicaid's comprehensive long-term care coverage while preserving assets for your family's future needs.
One essential aspect of Medicaid planning is understanding the "look-back" rule. Under this principle, asset transfers within five years before applying for Medicaid are closely scrutinized. If you’ve transferred money or other assets within that period, you may face a period of disqualification to prevent you from giving away your assets to qualify. However, with careful planning, you can transfer assets in a manner that complies with these rules and protects your eligibility.
Additionally, Medicaid planning helps you secure your assets while meeting program requirements. When you structure your finances appropriately, you can safeguard your estate and preserve your wealth for future generations. This might involve using legal tools like trusts or other strategies to align with Medicaid guidelines.
To qualify for Medicaid, applicants must meet strict income and asset limits. Without proper planning, you might find yourself ineligible for the program despite needing its benefits. Medicaid planning enables you to reorganize your finances to comply with these thresholds and enjoy access to necessary healthcare services. An attorney can guide you through the ins and outs of Medicaid planning to ensure you make informed decisions to protect your assets and secure your eligibility.
Income and Asset Requirements for Medicaid
North Carolina Department of Health and Human Services establishes specific income and asset limits for Medicaid eligibility. These requirements ensure that the program serves those who truly need financial assistance for healthcare.
Medicaid applicants must have a relatively low income to qualify for coverage. The monthly income limit is $1,012 or less per individual or $1,372 or less per couple. Medicaid also sets limits on the value of countable assets to $2,000 for individuals and $3,000 for a couple
Note that some assets, like your primary residence, furniture, clothing, jewelry, and personal vehicle, are not considered. However, bank accounts, investment properties, and other non-exempt assets fall within the allowable limits.
Although these income and asset figures are quite low, a Medicaid planning attorney can assist you in organizing your finances in a way that allows you to qualify for benefits while still keeping your assets. For example, your lawyer can use strategies like medical spend-downs to help you qualify for Medicaid. They will explain how the system works and craft a plan that’s right for you.
There are various ways our estate planning lawyers in North Carolina use to reduce your income and assets to preserve your legacy while qualifying for Medicaid benefits. Here are some strategies that can help:
Trusts
Setting up irrevocable trusts is a common Medicaid planning strategy. By transferring assets into these trusts, you can remove them from your countable assets, ensuring they are protected from Medicaid recovery efforts while benefiting your heirs.
Gifts
Careful gifting can also help reduce your assets to meet Medicaid requirements. However, it’s essential to consider the five-year look-back period, as improper gifting can result in penalties. A Medicaid planning attorney can help you make strategic gifts that comply with the rules.
Real estate transfers
Transferring ownership of real estate, such as a home, to a trusted family member can protect this valuable asset. A home isn't considered for Medicaid eligibility, but it can be recouped if there’s no surviving spouse or qualifying family members.
These strategies require careful execution to avoid penalties during the look-back period and to ensure compliance with Medicaid regulations. Planning ahead is the most effective way to safeguard assets while accessing the long-term care benefits that Medicaid provides.
Our North Carolina Medicaid Planning Attorneys Are Here to Help
Handling Medicaid planning alone in North Carolina can be fraught with potential pitfalls. While Medicaid offers long-term healthcare benefits, early planning is necessary to qualify. At Strauss Attorneys, PLLC, our North Carolina Medicaid planning lawyers are dedicated to helping you protect your assets and achieve Medicaid eligibility. You owe it to yourself and your family to take steps now to protect your assets today. To learn how Medicaid could help in your estate plan, reach out to us today.
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