Do I really need a will if I don't have many assets?

Yes — a will isn't just about money. It determines who raises your minor children, who handles your affairs, and how even modest assets are distributed. Without one, Pennsylvania's intestacy laws decide all of that for you, and the outcome may not match your wishes.

What's the difference between a will and a trust?

A will takes effect after you die and goes through probate — a public court process. A trust takes effect immediately, avoids probate entirely, and can manage assets during your lifetime if you become incapacitated. For many families, especially those with real estate or blended family situations, a trust provides far greater protection and flexibility.

When is the right time to start Medicaid planning?

Earlier than most people think. Medicaid has a five-year look-back period, meaning transfers made within five years of applying can result in penalties and delayed eligibility. The best time to start planning is well before a nursing home becomes a possibility — ideally in your 60s or early 70s.

Do I need a Pennsylvania attorney to buy a home in the Poconos?

Pennsylvania doesn't legally require an attorney for a real estate transaction, but it's strongly advisable — especially for out-of-state buyers. Pennsylvania law, title requirements, and disclosure rules differ significantly from New York and New Jersey. An attorney reviews your contract, identifies title issues, and protects your interests at closing in ways a real estate agent cannot.

If I leave money to my child with a disability, will it affect their benefits?

It can — and often does. Leaving assets directly to someone receiving SSI or Medicaid can disqualify them from those programs. A Supplemental Needs Trust allows you to provide for your loved one's quality of life without jeopardizing the government benefits they depend on. This type of planning requires careful drafting, and getting it wrong can have serious consequences.

Understanding Medicaid's Five-Year Look-Back Period

Elder Law

Jun 23

Written By William Onofry

If you or a loved one may need nursing home care in the coming years, there's one rule you absolutely need to understand: the five-year look-back period. Getting this wrong can delay Medicaid eligibility by months or even years.

When you apply for Medicaid long-term care benefits, the state reviews every financial transaction you've made in the previous 60 months — five years. If you transferred assets (gifts to children, donations, property transfers) during that period, Medicaid may impose a penalty period during which you are ineligible for benefits.

The penalty isn't a fine. It's a period of ineligibility calculated based on the value of what was transferred. Transfer $100,000 and you may be ineligible for care for many months — even if you have no money left to pay for it. This leaves families in a crisis they didn't anticipate.

There are exceptions and legitimate planning strategies that work within these rules — but they require professional guidance and, most importantly, time. Assets transferred more than five years before an application are generally not subject to penalty.

Don't navigate this alone. Call Jacobs, Wilson & Onofry at (570) 904-2098.

Jacobs, Wilson & Onofry · jwolawyers.com · (570) 904-2098

DISCLAIMER: This article is intended for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Laws vary by jurisdiction and individual circumstances differ. Please consult an attorney for guidance specific to your situation.

Elder LawMedicaidMedicaid PlanningAsset Protection5-yearLookbackEstate PlanningProbateProbate AvoidanceLook BackLook-backNursing HomeLong-term care

William Onofry

Understanding Medicaid's Five-Year Look-Back Period

Buying a Second Home in the Poconos: 5 Legal Questions to Ask First

What Is a Trust and Is It Right for Your Family?