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A Timeline of Probate in New York Clients are often shocked to learn that it may take between 8 months and 2 years before a probate proceeding is completed from start to finish in New York State. Having a general knowledge of the factors that contribute to the timeline may be beneficial. The first thing…

New Law Allows Termination of Lease After Death On November 17, 2023, New York Governor Hochul signed a law that allows residential leases to be terminated upon the death of the tenant. Until now, the estate of the deceased tenant remained liable to the landlord for the entire remaining term of the lease. The stated…

What is Probate? In New York State, an Executor nominated under a will needs to petition the court in order to receive Letters Testamentary so that they can act.  The Executor will use the Letters to obtain and gather the assets of the estate.  An Executor is mainly responsible for paying the debts of the…

IS YOUR ONLINE WILL VALID? With promises of producing the exact forms that you need, for an unbelievable price, and in a matter of minutes, it’s no wonder that many people are opting for online services for their estate planning needs instead of seeking advice from a qualified attorney.  A Last Will and Testament can…

MEDICARE VERSUS MEDICAID IN THE NURSING HOME SETTING When we talk about Medicaid asset protection, I often hear from clients “but I already have Medicare,” or “I have money, so I’ll never qualify for Medicaid.” But in the context of chronic care, there’s a lot of nuance to these issues. Here are the key differences:…

REMOTE ONLINE NOTARIZATION MAKES A PERMANENT RETURN TO NEW YORK In March 2020, remote online notarization was introduced to New York as part of an array of gubernatorial Executive Orders to reduce the need for in-person meetings during the ongoing COVID-19 pandemic. The order permitted any documents that would require a standard in-person notary to…

WHAT NOT TO DO IN YOUR ESTATE PLAN   We frequently discuss good estate planning practices in this column, but here are some things that you absolutely should not do when drafting your will or trust: Settle Scores With a limited exception for spouses, no one has the legal right to inherit from you. You…

WHAT TO KNOW ABOUT PAYING FOR NURSING HOME CARE The time period in which an elderly loved one goes to a skilled nursing facility can be one of the most emotionally wrought and challenging experiences for a family. Unfortunately, one of the most stressful aspects of the ordeal is how the nursing home bills are…

10 STEPS TO SETTLING AN ESTATE Losing a friend or family member is always challenging. Serving as the executor or trustee of their estate plan is a wonderful way to honor them and carry out their wishes. But it can be a long and taxing process. Here’s how to do it right: (1) Talk to…

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