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New York Estate Planning & Elder Law Blog

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Commonly Asked Questions about Over-the-Counter Tests and Medicare

It’s almost an understatement to say that the Covid-19 pandemic has changed our lives and how we live in a range of ways. While Medicare did not pay for Covid-19 tests that were available over the counter, the Center for Medicaid Services is in the process of executing an effort…

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How the Pandemic Impacted What Technology Is Used by Seniors

The COVID-19 pandemic has changed people’s lives in countless ways. One impact the pandemic had is convincing elderly adults to become nimble with technology. In recognition of this, a growing number of tech companies are focused on catering to the needs of older adults. For many elderly adults, using technology…

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Answers to Commonly Asked Medicare Home Health Questions

The Center for Medicare Advocacy recently published a document answering various questions about Medicare’s home health benefits. In addition to a document answering frequently asked questions, the Center also published recordings of two webinars, “Medicare Coverage of Home Health Services”, which reviews the eligibility basics for Medicare coverage of home…

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Lessons from Heiting v. the United States: Utilizing Claim-Of-Right Deductions

In the recent case, Heiting v. the United States, an appellate court denied a claim-of-right deduction in accordance with Section 1341 of the Internal Revenue Code. The case originated from an effort by a taxpayer to receive a tax refund from the Internal Revenue Service. Following a denial of the…

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Federal Agency Increases Visibility about Fines Faced by Nursing Homes

The federal department tasked with overseeing nursing homes throughout the country recently announced it is revising its policy and will now publicly post details online about all fines received by care facilities regardless of payment status. This new policy’s announcements occur during a period of increased criticism due to the…

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Court’s Expansive Interpretation of Abuse Act Widens Protection for Elder

As 2022 begins, one court case highlights the role of the Elder Abuse Act as well as the prevalent nature of elder abuse cases litigation involving trusts and estates. In the Ring case, an appellate court considered a loan scheme utilized to empty equity from a house retained as part…

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Taking the Time to Review or Create an Estate Plan

Each year, it’s important for anyone interested in planning for the future of their assets to either create or revise their estate plan. Taking the time and including loved ones in estate planning discussions is the best thing that you can do to avoid conflict or estate planning disagreements.  Estate…

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Avoiding Undesirable Estate Planning Situations

TV shows often depict unpleasant estate planning situations that can arise including a deceased person leaving assets to a former spouse. While these situations often do not occur in the way depicted on TV or film including the recent Netflix film I Care A Lot, a former spouse could end…

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