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Special Needs Trusts We understand the concerns you may have when it comes to securing the financial future of your loved one with special needs. This blog provides an overview of Special Needs Trusts (SNTs) and their implications in New York State. What is a Special Needs Trust (SNT)? A Special Needs Trust is a…

Estate Planning 101 The most common misconception about estate planning is that it requires a substantial “estate.” For many, the word “estate” conjures an image of vast wealth, like that of John D. Rockefeller or Howard Hughes. However, in reality, nearly everyone leaves an estate behind when they die. It could be millions or it could be…

Five Common Mistakes to Avoid in Divorce       When it comes to divorce, it is important to be vigilant and educated about your rights under the law to minimize negative consequences. Throughout the process, it is possible to make mistakes that can have a significant impact post-settlement. To help you navigate divorce more…

When it Comes to Estate Planning, Put your Wishes on Paper and Leave Nothing to Chance   Often, clients tell me, “I’m going to leave everything I have to my son John, and he knows to take care of the other kids.” People assure me that their families are extremely close, and there’s no question…

Power of Attorney A Power of Attorney form allows you, the Principal, to designate someone, an Agent, to act on your behalf when you are alive and cannot perform certain tasks for yourself.  You have the ability to outline which powers your Agent will have.  Some of these powers include buying and selling of goods,…

Here’s Why You Don’t Want a Guardianship A power of attorney is a document where you authorize another person to conduct business transactions for you. A health care proxy is a document where you authorize another person to make medical decisions for you. If you do not have a power of attorney and health care…

Important Legal Issues Facing Seniors Will You Need Community Medicaid?  Community Medicaid covers care and medical services that will enable an applicant to continue living on their own, as opposed to living in a nursing home; in other words, applicants will remain in the community. It is available to eligible New York residents who are living…

BEING MARRIED MAY NOT MEAN WHAT YOU THINK WHEN IT COMES TO YOUR ESTATE People frequently assume that having a spouse means that your assets will all go to him/her if you die intestate (without a will), and conversely, if you do have a will, you can leave your assets to anyone that you want….

Estate Plan Exclusions The majority of estate plans that we prepare at our law firm leave assets to clients’ children in equal shares. Some clients make wills, and others create trusts. Some seek to keep assets protected from long-term care and nursing home costs or to minimize estate taxes. But generally the objective is to…

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:…

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