In our last issue we reviewed certain changes to community based Medicaid eligibility (home care) which had been incorporated in the 2020 budget but had not yet been implemented because of the pandemic emergency. We noted that, previously, eligibility required an applicant to be incapable of performing two of six activities of daily living: eating,...
When we ask our clients why they want to implement estate plans, they usually give one of three reasons: they want to ensure that their assets will be distributed according to their wishes; they want to avoid probate; and they wish to reduce estate tax liability. These are all very good and valid reasons but,...
Have you ever considered donating your body to science? Sometimes clients, who have been diagnosed with a debilitating illness, have a family history of disease or some other personal connection to medical research, have decided to donate their body, after death, for scientific research. Most clients, those who have had no personal connection with a...
Americans move from one home to another for a variety of reasons. They want to upsize, downsize, be closer to family and friends, seek a more desirable design or layout, or accommodate changing medical or physical needs. As people age, the likelihood of a move increases and it’s important to have reasonable expectations, be alert...
Divorce is often traumatic and is almost always an emotional and overwhelming process. It typically changes living arrangements and results in the division of assets and the apportionment of custody for minor children. Often, people in the process of divorcing become so caught up in these changes that they neglect to consider how the divorce...
Individual retirement accounts were always believed to be protected from creditors. On June 12, 2014, the Supreme Court decided otherwise. Here are the facts: Ruth Heffron died owning an IRA. Ruth had not designated a spouse as beneficiary of her IRA. She would have been allowed to “roll” the account into her own IRA....
Our clients are frequently confused by the various types of services that fall under the general term “home care.” Generally, home care helps disabled adults and chronically ill or cognitively challenged seniors live independently for as long as possible, given the limits of their medical condition. It covers a wide range of services and is...
Executors are bound by a bewildering array of responsibilities and duties. There is no official training manual, at least not one designed for the public, and they are often challenged by the conflicting demands of the job. Here are some common pitfalls that executors should avoid. Failing to read, understand and follow the terms...
Generally speaking, guardianship is a legal relationship, authorized by a Court, under which one person, the “guardian,” has the right and duty to care for another, the “ward,” and/or their property. In New York, there are three (3) different types of guardianship proceedings, each suited to a different set of circumstances. Article 17 of...
Article 81 of New York’s Mental Hygiene Law authorizes a Court to appoint a representative to make personal and property management decisions for an individual who is ill or incapacitated. The proceeding is generally commenced through the filing of a Petition by the person seeking to be appointed as the guardian. The Petition must be...
