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Gregory M. Lendino

  • Elder Law, Real Estate Law, Family Law ...
  • New York
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Practice Areas
Elder Law
Real Estate Law
Commercial Real Estate, Condominiums, Eminent Domain, Mortgages, Neighbor Disputes, Residential Real Estate
Family Law
Child Custody, Child Support, Guardianship & Conservatorship, Restraining Orders
Probate
Probate Administration, Probate Litigation
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Additional Practice Area
  • Article 81 Guardianships
Jurisdictions Admitted to Practice
New York
New York State Office of Court Administration
ID Number: 5135405
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Languages
  • English: Spoken, Written
  • Italian: Spoken, Written
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Legal Answers
4 Questions Answered
Q. Medicaid lien concern on grandmother's house with me as beneficiary in NY
A: I completely understand your concern—Medicaid rules can be tricky, and it’s important to plan ahead so you don’t run into issues later. Since your grandmother owns the house and may go on Medicaid for assisted living, there is a real possibility that Medicaid could place a lien on the home to recover costs after she passes. But there are ways to protect the house and your ability to stay there—so let’s go over your options.

Will Medicaid Put a Lien on the House?

Possibly. Here’s how it works:

If your grandmother goes on Medicaid and moves out, Medicaid could place a lien on the house.

They won’t force a sale while she’s alive, but after she passes, they might require the house to be sold to repay the cost of her care.

Since you’ve only been living there since June 2024, you don’t yet qualify for an exception that could protect the home (like the “caregiver child” rule, which requires two years).

Would Buying the House Prevent This?

Maybe, but only if it’s done right:

If you buy the house for full market value, it removes it from her name, so Medicaid can’t go after it.

But if you buy it for less than market value, Medicaid could see that as her “giving away” assets and penalize her eligibility.

If she sells the house and keeps the money, that money would count as an asset and could make her ineligible for Medicaid until it’s spent down.

Are There Other Ways to Protect the House?

Yes! Here are a couple of common options:

Transfer to a Trust – If she puts the house in a special Medicaid Asset Protection Trust, it could be safe after 5 years (but this only works if done early).

Life Estate – She keeps the right to live in the house, but after she passes, it goes to you instead of Medicaid.

What Should You Do?

Medicaid rules are strict, and doing this wrong could cost you the house. The best move is to get legal advice before applying for Medicaid so you can:

Figure out the best way to keep the house safe

Make sure Medicaid doesn’t delay her care

Avoid mistakes that could cost you money

We handle these kinds of cases all the time and can walk you through the best strategy for your situation. ... Read More
Q. What documents are needed for Article 81 guardianship in NY?
A: Filing for Article 81 Guardianship in New York is an important step in ensuring your mother receives proper care and protection. Every Article 81 is different and the process can be very confusing. Here's our analysis:

Documents You May Need for an Article 81 Guardianship Petition:

To establish your eligibility and your mother’s incapacity, the following documents are typically required:

1. Required Court Forms & Petition Documents:

Order to Show Cause & Petition for Guardianship – This is the formal request to the court outlining why guardianship is needed.

Verified Petition – This provides details about your mother’s condition, your relationship to her, and why she requires a guardian.

Proposed Judgment & Findings of Fact – Drafted for the judge’s approval after the hearing.

2. Identity & Relationship Verification:

Some form of recognized Government ID may be required, so try to gather: drivers licenses/ non-driving IDs, passports, etc.

3. Medical & Financial Records (if available):

Physician’s Affidavit or Medical Report – While not required, a report from her doctor diagnosing Alzheimer’s and incapacity can strengthen your petition.

Financial records – If you’re requesting guardianship over her property, the court may require information about her assets, income, and debts.

The Article 81 Guardianship Process in NY:

Filing the Petition – You submit the guardianship petition to the Supreme Court in the county where your mother resides.

Court Evaluator Appointment – The judge will assign an independent evaluator to assess whether guardianship is necessary.

Hearing Date Set – You and other interested parties (e.g., family members) will be notified of a hearing date.

Court Hearing – The judge will review the evidence, hear testimony, and decide whether to grant guardianship.

Final Judgment & Guardianship Appointment – If approved, you will receive Letters of Guardianship, allowing you to act on her behalf.

Because each case is unique, ensuring your petition is properly prepared can make a significant difference in court approval. Given your mother’s name change and medical condition, it’s crucial to gather the right documents and present them correctly.

Next Steps: Contact Our Office

We can help you navigate the guardianship process smoothly. You may contact our office for further information and guidance. ... Read More
Q. My situation is complicated, but here is some information. My mom passed away, my family & i lived in the house with her
A: I’m very sorry to hear about your situation—it sounds incredibly difficult. Based on what you’ve described, there could be a few legal considerations regarding liability for your belongings.

Ownership & Access Rights

Since you are still a 1/4 owner of the property under the will, your rights could depend on whether the estate has been fully settled and whether title has been legally transferred to the heirs. If the house was still part of the estate at the time of the incident, the estate might be responsible for the property’s maintenance, including damage from a burst pipe. If ownership had been fully transferred to your siblings (or another entity), their obligations could vary based on what agreements were in place.

Potential Responsibility for Replacing Your Belongings

Several factors could determine who, if anyone, is liable for the loss of your personal belongings:

Homeowner’s Insurance:

If there was an active insurance policy on the home at the time, it could provide coverage for water damage, including damage to personal property inside. However, policies often cover only the policyholder's belongings, so it’s unclear whether your items would be included.

Estate or Property Owners:

If your siblings (or the estate) were responsible for maintaining the property and failed to take reasonable steps to prevent the damage (e.g., winterizing the pipes), there could be an argument that they bear some responsibility.

Legal Status of Your Occupancy:

Since you were evicted, they might argue that you no longer had legal access to the home. However, if you still had a legal ownership interest, your right to be there could be a point of legal debate. I find this aspect of your case very interesting - and it would require a deeper investigation of facts.

What You Might Consider Doing

Check if the property had insurance at the time of the flood. If so, a claim could be possible.

Review any legal documents related to the eviction and property ownership.

Consider speaking with a lawyer to determine whether the estate, co-owners, or an insurer could have liability for your losses. ... Read More
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Law Office of Gregory M. Lendino
7622 17th Avenue
Brooklyn, NY 11214
US
Telephone: (347) 692-0222
Monday: 10 AM - 5 PM
Tuesday: 10 AM - 5 PM
Wednesday: 10 AM - 5 PM
Thursday: 10 AM - 5 PM (Today)
Friday: 10 AM - 5 PM
Saturday: Closed
Sunday: Closed
Notice: By Appointment Only
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