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 […]
Category Archives: Rochester NY Elder and Estate Law
Mother died at age 84 survived by twin daughters, Elizabeth and Julia. One day after her mother’s death, Elizabeth petitioned for probate of a will executed less than four months earlier, which left her the entire estate. Julia contested the will alleging fraud and undue influence on the part of the Elizabeth. After a non-jury […]
If you require nursing home care, your home can be transferred to certain relatives without disqualifying you from Medicaid. The New York five-year look-back period does not apply to transfers of your primary residence to: (1) your spouse and minor, disabled or blind children; (2) your sibling with an equity interest who has resided in […]
You can transfer your home to your children with a life estate deed which gives you the right to live there for the rest of your life. During your lifetime, you will continue to be considered the owner of the home for most purposes. For example, you will still be responsible for the payment of […]
A New York resident executed a living trust agreement that simply recited that his house belonged to and had been assigned to it. However, at the time of his death, no deed had actually been executed. Assets that are in a living or “intervivos” trust avoid probate only if they have actually been transferred to […]
The NY State Attorney General’s prosecution of patient abuse in nursing homes resulted in the following criminal sentences: Fairport, NY LPN slapped a 90-year-old wheelchair bound woman with dementia and then wheeled her into an activities room and barricaded the door so that she could not get out of the room. One-year conditional discharge with […]
A daughter served her father with a 30-day notice terminating his tenancy in the second-floor apartment in her New York home. Four years earlier, the father had promised to assist his daughter and son-in-law to purchase the home. In return, she agreed that her father and late mother would be permitted to reside, for the […]
A new technical amendments law, effective September 12, 2010, corrects unintended problems created by New York’s Power of Attorney (POA) law that went into effect on September 1, 2009. The major changes are: Retroactive application of the technical changes to September 1, 2009. Execution of a new power of attorney will not automatically revoke an […]
Each New York incapacitated person (IP) is entitled to an Article 81 guardian whom the court finds to be sufficiently capable of performing the duties and exercisingthe powers of a guardian necessary to protect the IP. Each person appointed by the New York court to be a Mental Hygiene Law Article 81 guardian must complete […]
The New York Family Health Care Decisions Act (FHCDA) went into effect on June 1, 2010. The law allows family members and friends to make health care decisions, including decisions about the withholding or withdrawal of life-sustaining treatment, on behalf of patients who lose their ability to make such decisions. It applies to patients who […]