Friedman & Ranzenhofer, PC Blog, Press Releases

Newsletter – Fall 2026

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IN THIS ISSUE

PROBATE& NURSING HOME MEDICAID SEMINARS

SIX ESTATE PLANNING DOCUMENTS THAT YOU NEED NOW

HOW TO SUCCESSFULLY EVICT TENANTS WEBINAR

HOW TO CONTACT US 24 HOURS A DAY

HOW DO INJURY VICTIMSS GET FREE CASE EVALUATIONS ?

WHAT TYPES OF CASES DOES FRIEDMAN & RANZENHOFER, PC HANDLE?

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PROBATE & NURSING HOME MEDICAID SEMINARS

Robert Friedman

 Attorney Robert Friedman, drawing on over forty-seven years of estate planning experience, will be presenting these one-hour seminars:

FIFTEEN WAYS TO AVOID PROBATE: Learn about the latest estate and asset protection planning strategies, probate legal procedures, the risks and benefits of avoiding probate, the best forms of real estate ownership, common estate planning mistakes, recent changes in estate and gift tax laws, the duties of trustees and executors, myths about living trusts, when to update your will , and preventing will contests.

  •  Friday, October 9, 2026 (2:00 pm) Akron-Newstead Senior Center.
  • Tuesday, October 13, 2026 (1:00 pm) Orchard Park Senior Center.
  • Thursday, November 12, 2026 (4:00 pm) Amherst Center for Senior Services.

  Register here or call 716.542.5445 extension 8.

Fourteen Ways to Preserve Your Assets with the Medicaid Laws: Learn about the latest strategies to preserve your assets if nursing home or assisted living care is necessary and plan for incapacity with powers of attorney, health care proxies, living wills, trusts, transferring your home to family members, long term care insurance, prepaid funeral accounts, IRAs, properly documented gifts, spousal allowances and transfers, caregiver agreements, and emergency Medicaid planning.

  • Tuesday, October 27,2026 (1:00 pm) Orchard Park Senior Center.
  • Thursday, November 19,2026  (4:00 pm) Amherst Center for Senior Services.
  • Friday, November 20,2026 (2:00 pm) Akron-Newstead Senior Center.

Register here or call 716.542.5445 extension 8

———-SEMINAR LOCATIONS————–

Akron-Newstead Senior Center * 5691 Cummings Road, Akron, NY 14001.

Amherst Center for Senior Services *370 John James Audubon Parkway, Amherst, NY 14228.

Orchard Park Senior Center * 4520 California Road, Orchard Park, NY 14127.

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How to Contact Us 24 Hours a Day

Do you have an urgent late night legal question? Have you been injured in an accident? Were you arrested for DWI? Have you been served with a lawsuit summons? Call or text us 716.543.3764 or 585.376.5177  twenty-four hours a day/seven days a week. Additionally, you can reach us using the chat service and contact forms on our websites, WNY-Lawyers.com and LegalSurvival.com

SIX ESTATE PLANNING DOCUMENTS THAT YOU NEED NOW

Who will protect and manage your money and  make decisions about your medical, health, and life care wishes if you are unable to do so yourself? Who will care for your minor children, children  with special needs, or children who struggle with the responsibilities of handling money? How do you protect your assets in the event of disability or death? These are some questions you need to think about. This is why it’s best to develop a plan for your future now and not when a crisis hits and it is too late. This newsletter explains the importance of the following  six  documents  that should be included in your estate plan:

Durable Power of Attorney 

The Durable Power of Attorney (POA)  authorizes another person as agent  to act on your behalf to perform any number of financial matters specified during your lifetime such as real estate transactions, banking, operation of a business, insurance, estate planning, asset preservation when applying for nursing home Medicaid, and  lawsuits. Although a POA terminates upon death, it will remain in effect regardless of your subsequent incapacity. It allows for the seamless management of your financial, legal, and personal affairs when you are unable to do so. It avoids the need for time-consuming and expensive guardianship proceedings if you become incapacitated. The POA is not a substitute for a will because it automatically terminates upon your death.  POA gifting powers can be used on behalf of a nursing home or assisted living care resident to make the following gifts without incurring a Medicaid penalty: (1) gift approximately one-half of your assets, including the proceeds of the sale of your home, to your children utilizing emergency Medicaid planning with promissory notes; (2) transfer your home to your caregiver child or a disabled child; (3) transfer your home to your siblings; or  (4) transfer your home to your spouse. Since your agent will make financial decisions on your behalf, it is critical that you select your agent carefully.

Living Trust (#2)

A  living trust, also known as an intervivos trust,  is a written agreement authorizing management of your assets that you fund into the trust during your lifetime. Like a Will, a trust has provisions that distribute the trust assets to the beneficiaries you choose after your death. A living trust consists of three parties: (1) the grantor or creator who created the trust; (2) the trustee, who manages the trust; and (3)  beneficiaries who are or will be entitled to funds from the trust and use of the real estate.  A trust may not be necessary for all estate plans. Consult our estate planning attorneys to determine if a trust is right for you. You will still need to choose beneficiaries on your IRAs, annuities, and  life insurance as these accounts will not be funded into your trust. Living trusts have numerous advantages including proper management of assets; preserving your assets in the event nursing home or assisted living is necessary; avoidance of probate; eliminating the need for guardianships, life estates, or joint ownership; and assuring privacy. There are two types of living trusts: irrevocable trusts, which cannot be altered once established, and revocable trusts, which grant you the flexibility of making amendments during your lifetime. Medicaid asset protection trusts must be irrevocable with someone other than the grantor as trustee. The alternatives to the living trust for real estate protection are transfer on death deeds and life estate deeds.

Health Care Proxy (#3)

Health care proxies recognize your right to appoint a health care agent that you trust to decide about medical treatment in the event that you become unable to decide personally. Unless you specify otherwise, the agent will have the same authority that you would decide about medical treatment. The authority encompasses the right to forgo treatment or to consent for needed treatment. The agent’s authority begins only when a physician determines that you have lost the capacity to decide about treatment. Your health care agent will be responsible for making decisions about your medical care,  including life-saving measures, surgeries, medications, and end-of-life care, and treatments when you are unable to express your preferences. The health care proxy  ensures that someone you trust can advocate for your best interests during medical emergencies, such as an accident or serious illness. Without a health care proxy, your family or doctors may face difficulties in determining your wishes if you become incapacitated. In such situations, the courts may have to  appoint a guardian, which can lead to delays and complications in receiving medical care. Since your health care proxy and living will cannot be followed by EMS providers in an emergency outside of a hospital or nursing home, have your physician sign a Medical Orders for Life Sustaining Treatment (MOLST) pink form if you have a serious health condition.

Living Will (#4)

A healthcare proxy allows you to appoint someone to make medical decisions for you if you become incapacitated, while a living will outlines specific medical treatments you want or do not want to receive in certain situations. The living will is a declaration which instructs your family and your doctor about life-prolonging medical procedures when your condition is terminal and there is no chance of recovery. Under constitutional and common law, you have the right to refuse medical treatment. A living will give you the opportunity to express your wishes in advance, since you may not be able to make them known when it becomes necessary to do so. Life prolonging procedures include hooking you up to a machine when you cannot breathe on your own, performing operations or prescribing antibiotics that cannot realistically increase your chance of recovery, starting your heart mechanically when it has stopped beating or feeding you by tube, A living will can also address your preferences regarding organ donation, resuscitation efforts, and whether you want to receive pain relief if you are nearing the end of your life. For example, a living will may outline your preferences about whether you want to be placed on a ventilator or have life-sustaining measures used if you are in a vegetative state. The living will typically addresses situations like terminal illness, severe injury, or coma.

Last Will and Testament (#5)

The Last Will and Testament ensures that your assets are distributed to the beneficiaries whom you have chosen after you have passed away. Without a Will, New York law will determine who receives your assets. If you have children under the age of 18, it is critical that you have a Will so you can appoint the guardian of your choice for your minor child(ren) if you and your spouse die. By executing a  Will , you may dispose of property at your death in the proportions and to the persons you wish, appoint competent and trustworthy executors, trustees, and children’s guardians; and create testamentary trusts for children and pets. Any person who is over 18 and who is “of sound mind and memory” can make a Will. Having legal capacity to make a Will means that at the time you sign your Will you: (a)  understand what you are doing by making and signing a Will and deciding how to divide up your property; (b)are aware of the kind of property and value of the property you are including in your Will; and (c) know and understand your relationship to the people who are beneficiaries. You do not have to be 100% mentally sound to make a valid Will. Even if you have dementia, for example, you may be able to make a will if there are periods of time where you are mentally aware.

Appointment of Agent to Control Disposition of Remains (#6)

Appointment of Agent to Control Disposition of Remains is a written declaration of not only who you want to control the disposition of your remains but can also have specific instructions for your funeral and burial (or cremation). New York’s Public Health Law § 4201 sets out a format for the written declaration, and so long as the format is substantially followed the designation supersedes the standard order of precedence for control of a person’s remains. Absent a written declaration, a person’s surviving spouse has first right to control of the remains (followed by domestic partners, adult children, parents, siblings, a court appointed guardian, etc.). However, even though the law accounts for who is in charge of the remains and funeral arrangements, the only way to ensure that your final wishes are known and respected by all is by outlining your desires in a written declaration. It is important for you to consider executing a written declaration to ensure not only that they reach their intended final resting place, but also to assist their family through one of the more difficult periods in a person’s life… the loss of a loved one.

HOW TO CONTACT US 24 HOURS A DAY?

Do you have an urgent late night legal question? Have you been injured in an accident? Were you arrested for DWI? Have you been served with a lawsuit summons? Call or text us 716.543.3764 or 585.376.5177  twenty-four hours a day/seven days a week. Additionally, you can reach us using the chat service and contact forms on our websites, WNY-Lawyers.com and LegalSurvival.com.

HOW DO INJURY VICTIMS GET FREE CASE EVALUATIONS?

Have you been injured due to a car accident, slip and fall, dog bite, or defective product? Contact experienced injury attorney Mike Ranzenhofer for a free case evaluation. For over 46 years, Mike Ranzenhofer has taken the time to listen to you and fight for the injury justice which you deserve. With our “No Fee Guarantee,” you pay no legal fees unless you win your case. Mr. Ranzenhofer will meet you personally at your home, your office, the hospital, or one of our  local offices if you or a family member need assistance with: Back & Spinal Cord Injuries, Bicycle Accidents, Brain Injuries, Burn Injuries, Bus Accidents, Construction Site Accidents, Defective Products, Dog Bites, Injuries From Drunk Drivers, Landlord Premises Liability, Motorcycle Accidents,  Pedestrian Injuries, Tire Failures, Slip and Fall Injuries, Truck Accidents, Wrongful Death, and Car Accidents.

HOW TO SUCCESSFULLY EVICT TENANTS WEBINAR

Justin Friedman

Evicting a tenant can be a complicated process, and one missed notice, filing error, or procedural mistake can delay your case and cost you additional time and money.

Join experienced Landlord attorneys Robert Friedman and Justin R. Friedman  on November 24, 2026, at 2:00 pm  for an in-depth, step-by-step walkthrough of the eviction process from the first lease review through regaining possession of the property. Drawing on decades of experience and hundreds of eviction cases, they will explain the forms, notices, timelines, court procedures, tenant defenses, and common mistakes New York landlords need to avoid. 

WHAT TYPES OF CASES DO FRIEDMAN & RANZENHOFER, PC HANDLE?

 

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