Category Archives: Rochester NY Elder and Estate Law

NY Medicaid Estate Recovery Law Repealed

Over the past year, you may have heard about New York Medicaid recovery against a deceased nursing home patient’s jointly held property, retained life estates and interests in trusts.In 2011, New York legislation, administrative directives and emergency regulations expanded the definition of the “estate” that was subject to recovery by Medicaid (EER). That law was […]

The Self-Incrimination Privilege in NY Surrogate's Court

In a proceeding challenging the validity of certain trusts and transactions involving the decedent’s assets that occurred shortly prior to his death, the petitioner, who was the surviving spouse and limited administrator of the decedent’s estate, sought an order directing, the resumption of the respondent’s deposition and compelling him to respond to certain questions. During […]

NY Estate Can't Recover Funds For Upkeep of Shared Home

The New York estate of a deceased woman may not sue her long-time domestic partner for half of the payments the deceased woman made toward the purchase and upkeep of their shared home, the New York Appellate Division, Second Department has ruled. The deceased woman, Susan, and the defendant, Charles, bought a vacation property in […]

17 Benefits for Older New Yorkers

As a New Yorker, age 60 or older, you may be missing out on dollar benefits and community services. In the free New York State Bar Association pamphlet, 17 Benefits for Older New Yorkers, you’ll find important facts: how finances and age affect eligibility and little-known rules regarding eligibility. Each county in New York State, […]

NY Emergency Responders Need Not Honor Health Proxy

Rita Stein, on behalf of herself and as executrix of the estate of her deceased husband Milton, brought an action against the County of Nassau, the Nassau County Police Department, and four emergency responders. She claimed that the emergency responders violated her and her husband’s Fourth, Fifth and Fourteenth Amendment constitutional rights and committed the […]

Sister Appointed NY Guardian Subject to Approval of Asset Preservation

Sister filed a petition to be appointed the NY Article 81 Guardian for the person and property of her brother, an alleged incapacitated person. A psychiatrist reviewed nursing home and hospital records, and evaluated him. The doctor opined that he lacked capacity to manage his personal needs and finances, and required the appointment of a […]

NY Guardian May Withhold Feeding Tube

The New York Mental Hygiene Law Article 81 Guardian of a 92-year-old incapacitated person (IP), brought an emergency show cause order to withhold consent to the IP’s intubation with a feeding tube and the grantingof “Do Not Resuscitate” and “Do Not Intubate” orders. The IP’s treating physician testified that the IP had mere weeks or […]

New York Will Denied Probate For Undue Influence

A woman died at the age of 94 survived by a sister. Her alleged will nominated Bill as executor and bequeathedthe bulk of her residuary estate to him. Bill was approximately 40 years the decedent’s junior. He was not related to her and was her self-described care provider. TheKings County, New YorkSurrogate found that Bill […]

NY Court Grants Niece's Request to Bury Uncle

The Nassau County New York Supreme Court appointed the alleged incapacitated person’s (AIP) niece, Grace, as New York Mental Hygiene Law Article 81 Guardian for his personal needs and his sister, Vita as a Co-Guardian for property management. When the AIP died, Grace and Vita disagreed regarding the disposition of his remains. Vita wished to […]

New York Medicaid Penalty Regional Rates For 2011

The 2011 New York Medicaid regional rates used to determine a transfer of assets penalty period are: Region Monthly Regional Rate Central New York $7,688 Long Island, NY $11,445 New York City $10,679 Northeastern New York $8,323 Northern Metropolitan NY $10,105 Rochester, NY $8,942 Western New York $7,863 These rates are based on average nursing […]