A New York power of attorney is a form in which you can name someone to handle specific acts on your behalf, typically financial acts. If you were to become unable to manage your affairs while you are living and you do not have a power of attorney, a loved one will have to go […]
NEW YORK ESTATE, TRUST, AND ELDER LAW
While I’m attending social events in New York, I introduce myself as a New York Estate and Elder Law Attorney and I’m often asked “What is Elder Law?”
Typically I respond that Elder Law is a somewhat new field of law that centers its attention on family issues, financial, legal, medical and social issues for seniors and people with disabilities and their families.
I also mention that I’m a member of the National Academy of Elder Law Attorneys, which is a national, non-profit association of attorneys that help with these problems.
I say Elder Law is somewhat new because attorneys have been handling the main topics of Elder Law such as Estate Planning, Wills, Trusts, Probate, Health Care Planning, Elder Rights, Medicare and Medicaid Planning for many years. These elements have recently been attached to the term “Elder Law”.
These elements of law aren’t new to our law firm. We’ve been assisting New York citizens with “Elder Law” issues for over five decades.
Current seniors are living much longer than previous generations while having much more active and independent lifestyles. This is causing our seniors to experience problems that even their parents didn’t encounter.
Wills and Estate Planning have been a standard procedure for seniors for many years so that their assets could be passed onto their family and beneficiaries. However, 78 years of age is the current life expectancy.
So many more issues arise for seniors to worry about in regard to their future-care that must be addresses with focused Estate Planning. Below are a few questions seniors need to plan for in advance before an unfortunate turn of events:
- Will my savings last my lifetime?
- Can I reduce or nullify my income and estate taxes?
- What is the best method to leave as much as possible to my children and grandchildren while keeping hold of my finances?
- Do I have the finances for a nursing home or assisted living facility?
- Can I be approved for Medicaid?
- Should I obtain long term care insurance?
- What legal tactics can help secure my assets?
- How will Financial and medical decisions be handled if I become disabled?
Undoubtedly, most seniors aren’t looking forward to planning their departure. However, leaving the matter to federal or state hands to decide is very unpleasant experience.
Please take a moment to go over the elements of “Elder Law” that we can assist with. When you’re ready to talk about your future, call me at 716 542 5444 or 800 729 4571. If you want to contact me via e-mail, feel free to use the form to the right.
- Administering estates and trusts
- Advanced Directives
- Article 81 Guardianships
- Assisted Living
- Contested Accountings
- Contesting a Will
- Court Representation for Executors, Trustees, Creditors or Beneficiaries
- Elder Abuse
- Estate & Trust accountings
- Estate Administration & Settlement
- Estate Litigation – Contested Estates & Trusts
- Estate Tax Issues
- Estate Sales of Real Estate
- Estate Tax Returns and Audits
- Family Partnerships, LLCs and Business Succession Planning
- Government Benefits
- Guardianships for Disabled Children
- Health Care Proxies
- Intestacy (dying without a will)
- Invalidating trusts
- Kinship proceedings (Establishing Heirs)
- Life Estates
- Life Insurance Trusts
- Living Trusts
- Living Wills
- Long Term Care Insurance
- Medicaid Planning
- Nursing Home Care
- Power of Attorney
- Probating wills – simple to complex
- Representation of executors & trustees
- Representation of Out-of-State Beneficiaries
- Retirement Planning
- Reverse Mortgages
- Revocable Living Trusts
- Social Security Disability
- Special Needs Trusts
- Supplemental Needs Trusts
- Spousal inheritance disputes
- Surrogate’s Court Litigation
- VA Aid and Attendance
- Wrongful Death Proceedings
Our practices also include the following Estate Representation:
- Administrator Legal Guidance
- Executor Legal Guidance
- Guardian Legal Guidance
- Trustee Legal Guidance
- Serve as Executor for your Estate
- Serve as Trustee for your Estate
Elder Law and Estate Planning is a lot to take in and can be complicated. Don’t hesitate to contact me if you’re in need of an Estate Attorney in New York.
If you or a loved one are looking into nursing home care in New York, you are probably discovering how incredibly expensive it is. Unfortunately, Medicare won’t pay for a nursing home except for a short stay following a hospitalization. Unless you have a long-term care insurance policy, or sufficient assets to pay for the […]
One of the biggest reasons people choose to do estate planning is the thought that their children may not be protected in the event of their deaths. Unfortunately, if both parents were to pass away while their children are minors, and they have not done any type of estate planning, many decisions concerning where the […]
A life estate deed is a tool that can help with estate planning. With a life estate deed, people deed real estate to another party, but reserve a life estate, which means they have the legal right to occupy the property until death. Upon death, the property passes to the beneficiaries. Life estate deeds can […]
The person in charge of the probate process in New York depends on whether or not there is a will. If there is a will, the person named as executor in the will is in charge of the estate and the probate process. If there is not a will, the court will choose someone called […]
This is a situation in which many children of elderly parents find themselves. Elderly individuals often want to stay in their homes and may insist they can properly care for themselves, but in truth they aren’t able to. The situation becomes especially tricky when there are two elderly spouses who are trying to care for […]
If you are concerned about long-term care and nursing home expenses, purchasing a long-term care insurance policy can be extremely beneficial. Long Term Care Policies are insurance policies that pay for nursing home expenses. Although many people think that Medicare or Medicaid will pay for long-term care expenses, this is not exactly true. Medicare will […]
One of the major benefits of setting up a living trust is to avoid the New York probate process. Probate is what happens when a person dies owning property in his or her name. Upon death, a relative will take that person’s Will to court (or start an intestacy proceeding if the person died without […]
If you have a loved one who is starting to “slip”, or become unable to handle some basic tasks of living, you may be thinking about how to take over his or her affairs. The best way to do this is with a healthcare proxy, living will, and power of attorney that your loved one […]
It can be very tempting for many people to save money by drafting their own estate planning documents, including Wills, Trusts, Living Wills, and Powers of Attorney, using a computer program rather than spending more money to hire an attorney. It is better to spend a little more money and hire an estate planning professional. […]