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What is a Will and Why Does Everyone Need One A Last Will and Testament is a document that states your final wishes. Every Will must be submitted to the Surrogate’s Court after death so the Court can determine if it is valid and enforceable. This is the procedure known as “probate.” Your closest family…

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…

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,…

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…

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….

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…

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:…

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…

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J&G Law, LLP