The unfortunate truth is that everyone’s parents will ultimately pass away even though the average life expectancy is increasing. While some of our parents pass away while we are children, other people lose their parents when they are adults. Even though this is a grim reality, it is best to…
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New York Estate Planning & Elder Law Blog
Nursing Homes See Loss of Deficiency Appeals
Nursing Homes See Lost of Deficiency Appeals The Nursing Home regulations permit nursing homes to appeal a deficient issue for which they are cited for not meeting federal care standards in situations where the Centers for Medicare & Medicaid Services implements a fine against the deficiency. The Center for Medicaid…
Additional State Oversight Needed to Improve Hospice Care for Assisted Living Population
Assisted living has become a more popular residential selection for elderly individuals who need help performing daily living tasks. Regulations that apply to these populations, however, vary between states. Meanwhile, little study has been performed on care outcomes. New studies evaluated end-of-life care provided at assisted living facilities. These studies…
Eskra: A Reminder about Premarital Agreements and Estate Planning
In the recent case of Eskra v. Grace, a person filed a petition attempting to be named as personal representative of her deceased husband’s estate. The trial court denied her petition based on a premarital agreement waiving her interest in her deceased husband’s separate property. The court named the man’s…
Lessons Learned from In re the Purported Will of Moore
An appellate court recently decided the In re the Purported Will of Moore case, which involved an appeal from an order that granted summary judgment and denied relief for a judgment involving a caveat to the will of a deceased person. The Facts Behind the Case A man created a…
Austin Case Provides Estate Planning Lessons
The Wisconsin Court of Appeals recently saw the case of Austin v. Roesler and Campbell, which provides some valuable reminders about what to do (and not do) while estate planning. The Facts Behind the Case The case involved a woman who executed her will in 1977, which directed that following…
Trump Administration Medicare Faces Increased Scrutiny
Biden-era legislatures are currently debating improving a Trump administration regulation associated with Medicare due to increasing pressure from Democrats. Also called a direct contracting model, the program implemented during the Trump administration lets private companies enroll in Medicare as health department members to revise and better care while keeping government…
Biden Administration Begins Improvement of Nursing Homes
President Joe Biden recently utilized his State of the Union address to begin a major improvement in the quality of nursing homes in the country. This improvement addresses an increase in minimum staffing levels as well as efforts taken to improve inspections while all-the-while following the Covid-19 safety protocol. Biden…
Situations Where Your Digital Assets Last Longer Than You
While estate planning, it’s a good idea to make sure that various parties involved with your estate including personal representatives, agents appointed through a durable power of attorney, and trust receive the information they need to both access as well as manage your assets in case you end up incapacitated…
Estate Planning in the Digital Era
A survey recently reported that over 80% of people who work in estate and financial planning utilize digital trends to support estate planning. Family structures are increasingly complex with currently 34% of respondents reporting that the appointment of beneficiaries was a primary cause of fighting among a family. Market volatility…