If a family is dragged into a drawn-out court battle over an estate planning issue, chances are it is a “will contest.” This phrase refers colloquially to cases where one party claims that something is wrong with a will and that the legal document should be thrown out. It goes…
Schedule an in-office, Zoom or phone consultation Here.
New York Estate Planning & Elder Law Blog
Many Same-Sex Couples Still Need to Update Plans Post-DOMA
As we have mentioned many times before, in June of 2013, the Supreme Court’s decision regarding the Defense of Marriage Act (“DOMA”) allowed same sex married couples to receive the same federal benefits as their heterosexual counterparts. This landmark decision will have a significant impact on estate planning for same…
Ineligible Patients Enrolled in Medicaid Program by Agency in NY
The New York Medicaid system is the largest in the nation. As most know, Medicaid is a joint federal-state program, paid for by both entities. While federal parameters must be met, each state is free to decide upon various details of the program, including eligibility and extensiveness of support provided.…
Financial Problems at NY Nursing Home, Says Comptroller’s Audit
A common theme in recent years regarding long-term care in New York is the shuttering of county-owned public nursing homes. Historically, facilities to provide specialized care to seniors were built in different communities, with operation and ownership in the hands of local policymakers. But with financial pressures mounting, that format…
Inherited Property & First Time Homebuyer Credit
Estate planning can seem like a simple process–but usually only when it works as intended. A well-designed plan can make the passing on of assets and handling of various end-of-life matters occur seamlessly. Alternatively, when there is no planning or only partial steps are taken, then the true complexity of…
What Matters When Choosing an Executor?
Understanding the specifics of the law is just one aspect of successful estate planning. Obviously it is critical that a will is created in a such a way that it will be upheld or that a trust will have legal effect (or that you take advantage of all available trust…
Back to the Basics: Trusts Are Not Only For the Wealthy
One of the biggest misconceptions about general estate planning is that a “trust” is something that only rich families need to consider. This perception likely arises from colloquial use of “trust funds” to signify wealthy individuals who are living off substantial earnings preserved for them in a trust. A better…
Elder Abuse Fact Sheet
As noted several weeks ago, October is officially known as “Residents’ Rights Month” — a time to share information about the rights of seniors living in all forms of senior housing facilities. Many New York residents have heard horror stories from friends, family members, and acquaintances about inadequate care at…
Deathbed Planning: In the Face of Serious Illness
Most estate planning advice stories include one theme over and over–plan early and update consistently. Because no one know what the future holds and life changes occur frequently, it is critical to ensure your legal planning will work as you want it to when you need it. However, that does…
Guardianship over Personal Affairs and Property: Not Just for the Incapacitated
Many of us can relate to growing concerns over loved ones as they continue to age and require more assistance. It can be challenging to meet these changing needs while still recognizing that our elderly loved ones are capable of performing some tasks on their own. It may seem obvious…