Seniors in Continuing Care Communities in neighboring New Jersey are about to have many new ways to protect their rights and obtain better care. On Thursday, October 17, 2013, New Jersey Governor Chris Christie signed the “Bill of Rights for Continuing Care Retirement Community Residents in Independent Living (CCRC).” The…
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New York Estate Planning & Elder Law Blog
Estate and Financial Planning Difficulties with Same-Sex Divorce
Earlier this year, the Supreme Court’s Decision in Windsor v. U.S. allowed same-sex couples to receive the same federal benefits as other married couples. This has had enormous implications for estate planning for same-sex couples, as was previously covered generally here, and more specifically here for retirement issues, and here…
Criminal Charges for New York Estate Executor
You have probably heard the term “Executor.” Under New York law, this is the name given to the person (or trust company or bank) that is named in a Will and instructed to carry out the decedent’s wishes as outlined in a Will. Executors are entitled to a fee for…
AARP to Hold Forum on “Modernizing Medicaid”
Debate and discussion around the ideal setting to care for older individuals has raged for decades. The trends are somewhat cyclical. In the distant past, virtually all aging took place at homes. “Traditional,” nuclear families were more common, and so seniors who could no longer live on their own almost…
Planning for Posthumous Children in New York
One of the more unique estate planning issues arising in recent years relates to “posthumous births.” This refers to a child who is born after one of their parents has already died. This was always a possibility, as a parent could pass away in the months after a child was…
Continuing Trend: Private Investor Buys New York Public Nursing Home
The face of long-term care in New York continues to change. In the past, when seniors were in need of close, around-the-clock care their main option was to move into a skilled nursing home in their community, usually owned by the county itself. These public facilities long acted as the…
Tragic New York Murder Case, Inheritance, & “Son of Sam” Laws
What happens if someone who intentionally causes a death is due to inherit from the person who died? Is the wrongdoer still able to profit from his or her actions? In general, the answer would be negative. New York passed a statute known as the “Son of Sam” Law which…
Family Dispute: Kasey Casem’s Children Fighting with Stepmother Over Senior Care
Family arrangements are diverse. Some New Yorkers still have a “traditional” nuclear family with parents who remain married. However, the standard model of husband, wife, kids, in-laws, and grandkids no longer represents the majority. Instead, most families have some complexities. There are divorces, new marriages, stepchildren, adopted children, grandparents raising…
Can You “Self Insure” For Your Long-Term Care Needs?
In helping families throughout New York plan for potential care needs down the road, we frequently explain that the ideal solution is long-term care insurance (LTCI). As the name implies, these policies require community members to pay premiums now with assurances that certain financial support will be available if you…
Will The Government Shutdown Affect Your Estate Planning?
News this week is dominated by one topic: the federal government shutdown. Like most others, you may be wondering how (or if) the developments out of D.C. will affect you. The Background The shutdown itself is caused by Congress’s failure to pass an appropriations bill allowing for the spending of…