10. Protecting Co-op Apartments Require Special Handling

This is the 2012 version. Click here for updated 2016 version of this strategy.
Cooperative apartments require special handling. If you currently reside in a co-op and want to implement an asset protection strategy that involves transferring it to a trust, you will need the co-op board's approval. This is another good reason to retain an Elder Law firm experienced in addressing these matters. If the board says no, a knowledgeable attorney may still be able to persuade them to move ahead with the plan.

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There are several approaches we've found have a track record of success with co-op boards:

  • explaining the Elder Law plan and why it is important to change the title to the apartment
  • proving ability to pay the co-op maintenance
  • agreeing to put money in an escrow account to cover a certain amount of maintenance
  • entering into an agreement that the trust will be responsible for the co-op’s collection expenses if there’s a dispute
  • making a commitment as to who will or will not live in the apartment
  • agreeing to specific conditions of sale after the owner dies

The goal is to convince the board that the transaction doesn't hurt the co-op, and can be consummated in a way that won't expose the building to any additional risk. While no firm can guarantee getting board approval every time, a competent Elder Law attorney should succeed in a large majority of cases.



25 Strategies to Prevent Financial Ruin from Long-Term Health Care Costs

  1. You can qualify for Medicaid (even if you don’t think so)
  2. The “Wait and See” Approach can Result in Ruinous Health Care Expenses.
  3. Plan for Home Care and Nursing Home Facility Care while You Still Can.
  4. What’s the difference between Medicare and Medicaid?
  5. It’s NOT too Late for Effective Medicaid Planning (even if you think it is)
  6. Why Hire an Elder Law Attorney?
  7. Don’t Prepare Your Own Medicaid Application
  8. Trusts Can Protect Your Home and Your Money!
  9. Special Trusts for Specific Purposes
  10. Protecting Co-op Apartments Require Special Handling
  11. Evaluate Your 401k or IRA Carefully when Planning for Medicaid
  12. Why Take the Lump Sum Option on Your Pension or Retirement Account?
  13. Choose Your Trustee Wisely
  14. Private Annuities can Help Protect Your Assets
  15. Caregiver Agreements Help Achieve Medicaid Eligibility
  16. Keep Your Medicare Insurance
  17. The Durable Power of Attorney
  18. Elder Law and Estate Planning
  19. The Health Care Proxy vs. the Living Will
  20. How to Choose an Elder Law Firm
  21. Streamline Your Financial Affairs and Record Keeping
  22. New York State is More Generous than Other States
  23. Your Attorney can Help Find the Best Care for You
  24. Long-Term Care Insurance Won’t Necessarily Solve the Problem
  25. Compassionate Elder Law Planning Focuses on Your Future Quality-of-Life!
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