In the fall of 1990, some thirty plus years ago, your writer first heard of the proposition that if you set up a living trust your estate doesn’t have to go to court to settle – the so-called probate court proceeding for wills. Having spent the previous eleven years as…
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New York Estate Planning & Elder Law Blog
Book Review: “The Good Life”, by Robert Waldinger, MD and Marc Schulz, PhD
Published this year, “The Good Life” reports on the Harvard Study of Adult Development, the longest scientific study of happiness ever done. Tracking the lives of hundreds of participants for over 80 years, the report concludes that it is the strength of our relationships with friends, relatives and co-workers that…
Home Care with Community Medicaid
Home care paid for by New York State is known as “Community Medicaid”. Paying your own living expenses, plus the cost of caregiving services, is beyond the means of many. Since 2020, there have been numerous attempts to create a new thirty month look-back period for Community Medicaid eligibility. So…
Qualifying for Medicaid to Pay for Long-Term Care
Spend-down. Look-back. Penalty Period. Uncompensated Transfer. These are just some of the terms Medicaid uses to determine eligibility for long-term care coverage. Medicaid is a combined federal and state program that pays for long-term care at home (community Medicaid) or in a nursing facility (institutional Medicaid). Asset, income and gift…
Health Benefits of Forgiveness
Each one of us experience countless injustices in the course of everyday living. Like other experiences, it is not the experience itself so much that counts, but how you process it. The Mayo Clinic addresses the health benefits of “forgiveness” which they define as “an intentional decision to let go…
Reasons to Revise Your Estate Plan
Estate planning is not written in stone. Instead, estate plans should be revised and reconsidered when various major life events occur. Marriage may or may not involve a prenuptial agreement. Regardless, it may call for adding your new spouse’s name as beneficiary on insurance policies, on a will or trust,…
Book Review: “Successful Aging” by Daniel J. Levitin
In his best-selling book, “Successful Aging”, Daniel J. Levitin, Professor Emeritus of Psychology and Neuroscience at McGill University (your writer’s alma mater), shows how the brain is formed and how it changes, in surprisingly positive ways, as we age. The author notes that Freud said that the two most important…
Contesting a Will
In order to contest a will, the objectant must have “standing”, meaning they would legally be entitled to a share or a greater share of the estate if the will was declared invalid. “Standing” alone, however, is insufficient. There must also be grounds for contesting as provided below. 1. Undue…
If You Don’t Understand the Plan, You Don’t Have a Plan
So many people who come in to see us do not understand the estate plan they have or do not know what is in their current plan. Some of the reasons for this are (1) time has inevitably blurred their memories, (2) the plan may be written in legalese and…
Polypharmacy in Older Adults
According to the National Institute on Aging (NIA) polypharmacy is the use of multiple drugs to treat diseases and other health conditions. Polypharmacy is common in older adults, many of whom have two or more chronic conditions, and about a third of whom take five or more prescription drugs. Often,…