Serving families throughout New York State
Keep the House.
Keep the Savings.
Get Mom the Care
She Needs.
Nursing home costs in New York can drain a family's life savings in under two years. We help New York families qualify for Medicaid, protect the home, and preserve assets for the spouse who remains at home, even after a parent has already been admitted.
Most clients work with us remotely, so you can receive high-quality legal guidance from home without traveling to our office.
- Jiah Kim, Esq.
- 10+ Years Elder Law
- NY & NJ Licensed
Start With a Free Intake Call
Free and confidential. No obligation.
The 5-Year Clock Is Already Running.
Every transfer made in the five years before a Medicaid application is reviewed. The longer you wait, the fewer options remain. But even after a parent has been admitted to a nursing home, crisis planning is often available, and it is often effective.
The Cost of Doing Nothing
Nursing home care:
$135,000 to $200,000 a year in New York
Medicare:
Covers only the first 100 days, and only under narrow conditions
Private pay rate:
$11,000 to $16,600 every single month
Most families don't realize how exposed they are until the bills start arriving. By then, they've already burned through retirement accounts, sold investments, or signed contracts they didn't understand.
There is a legal way to qualify a parent for Medicaid without spending everything first. The rules are strict, but they have exceptions written into them. A properly structured plan uses every one of them.
You May Have More Options Than You Think
Many families call us after being told: "You have too much money for Medicaid. You'll have to spend it down."
That is rarely the full story.
Depending on the situation, New York Medicaid planning may allow a family to:
- Protect the family home from estate recovery
- Preserve up to $162,660 in assets for the spouse who remains at home
- Secure a monthly income allowance of up to $4,066.50 for the healthy spouse
- Use spousal refusal (a New York-specific tool) for additional protection
- Apply crisis planning strategies even after a nursing home admission
The right plan depends on timing, marital status, assets, income, and prior transfers. There is no single answer, which is why a strategy review with an elder law attorney is the first step, not a generic Medicaid application.
What We Take Off Your Plate
Most families calling our office are exhausted. They are not buying legal advice. They are buying someone competent who can take this off their plate.
Here is what we handle:
You do not need to learn how Medicaid works. You need someone who already knows.
- Reviewing 60 months of financial records you provide and flagging every transaction the caseworker will question before they see it
- Identifying which assets are countable, exempt, or protectable under New York Medicaid rules
- Drafting and funding a Medicaid Asset Protection Trust when appropriate (typically considered 5+ years before nursing home admission, when there is still time to plan)
- Restructuring assets between spouses to protect the healthy spouse's standard of living, including the up to $162,660 community spouse resource allowance
- Preparing the complete Medicaid application package so nothing gets returned for missing documentation
- Filing the Medicaid application with the local Department of Social Services in your county
- Responding to caseworker requests for additional documents, clarifications, and verification of every flagged transaction
- Managing the approval process through to a written determination from the Department of Social Services
How It Works
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Step 1: 15 Minute Intake and Fit Call
Our Medicaid Intake Coordinator listens to your situation, gathers basic facts, and determines whether legal planning may help. This call is free, but it is not legal advice. The coordinator may also explain our process and general fee range so you can decide whether moving forward makes sense.
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Step 2: If Appropriate, Medicaid Protection Review with Jiah Kim, Esq.
For families whose situation appears to be a good fit for planning, we may schedule a focused Medicaid Protection Review with our founding attorney. You leave the call with a clearer understanding of what may be at risk, what may be protected, and what next steps may be available.
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Step 3: Strategy Direction and Flat Fee Proposal
If we are a good fit to work together, we explain the recommended planning path and provide a flat fee engagement proposal. No surprises. No hourly billing roulette.
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Step 4: After You Hire Us, We File, Manage, and See It Through
Once engaged, we handle the legal planning and Medicaid application process from preparation to filing, approval, and annual renewal where applicable.
How a Queens Family Halted a $14,000/Month Nursing Home Spend-Down and Saved Their Mother's Home in 90 Days.
A family came to us after their mother was admitted to a nursing home in Queens. She had been paying $14,000 a month out of pocket for three months. The children believed it was too late. They assumed the look-back rule would catch every transaction and disqualify her.
We reviewed her finances, identified assets that were protected under New York law, and structured a crisis plan within the look-back rules. The Medicaid application was approved within 90 days. The home stayed with the family.
Why Families Choose FreedomCounsel
Jiah Kim, Esq.
Founder, FreedomCounsel
- Graduate of Fordham Law School
- 10+ years in elder law and Medicaid planning
- Licensed in New York and New Jersey
- Member, NYSBA Elder Law & Special Needs Section
Clear Medicaid strategy. Flat-fee guidance. No hourly billing surprises.
We help families understand their Medicaid options, protect what may legally be protected, and move forward with a clear flat-fee plan.
- Flat-fee engagements Clear fee structure before you decide to move forward.
- Serving families throughout New York State remotely High-quality guidance from home, without traveling to our office.
From our Google reviews
They were incredibly professional, patient, and understanding, taking the time to explain every step of the process. Attorney Kim was especially knowledgeable and compassionate.
Jiah was extremely kind, patient, knowledgeable, and supportive when helping with my family’s questions… I truly appreciate her availability and quick responses.
Attorney Jiah Kim explained the Medicaid application-related trust process carefully from beginning to end, helping us understand a complicated process and achieve a good result.
Testimonials reflect individual experiences and do not guarantee similar results.
Read more reviews on GoogleFrequently Asked Questions
Is it too late if my parent is already in a nursing home?
No. Crisis planning is available and often effective even after admission. The options are narrower than with advance planning, but we regularly help families in this exact situation qualify for Medicaid and stop the spend-down. The longer you wait, the more options close. Call us.
Can Medicaid take the house?
Not while a Medicaid recipient or their spouse is living in it. The home is generally an exempt asset for Medicaid eligibility purposes. The risk is on the back end: after death, the state can pursue Medicaid Estate Recovery against the home. A properly structured Medicaid Asset Protection Trust is the most common way families prevent this.
How much can my spouse keep if I need nursing home care?
In New York in 2026, the spouse who remains at home can keep up to $162,660 in assets and receive a monthly income allowance of up to $4,066.50. Additional protections may be available depending on the specifics, including spousal refusal, a New York-specific strategy that can provide further protection.
What is the 5-year look-back?
When you apply for nursing home Medicaid, the state reviews every financial transaction made in the five years before your application. Gifts or transfers during that window can trigger a penalty period of ineligibility. Proper planning works within these rules, not around them, using exemptions, exempt transfers, and the spousal protections built into the law.
Is my IRA counted as an asset?
In New York, an IRA in payout status (taking required minimum distributions) is generally exempt from Medicaid's asset count. The income from it is counted, but the principal is not. This is one of the most important and least-known rules in New York Medicaid planning.
How much do you charge?
Our Medicaid planning engagements are flat-fee. During the free intake call, our coordinator may explain the general fee range so you can decide whether moving forward makes sense. The exact fee depends on the complexity of the case, including assets, marital status, urgency, and the planning tools required. If we are a good fit to work together, you receive a written proposal with a fixed price before you commit. No hourly surprises.
Do Not Spend Another Month Paying Privately Without Knowing Your Options.
Start With a Free Intake Call
Free and confidential. No obligation. We typically respond the same business day.
Prefer to call? (646) 389-5065