Do I Need a Power of Attorney?
YES, YES, YES! If you are over the age of 18 (and chances are if you’re reading this you are), you should have a power of attorney. Unless you would rather leave it up to a judge. A power of…
Federal Estate Tax: Inclusion of Lifetime Gifts
The answer to the question “Are gifts made during my lifetime includible in my estate for estate tax purposes?” depends on several factors. Federal For purposes of the Federal Estate Tax, yes, any taxable gifts you make during your lifetime…
Exploring the Benefits of Assisted Living Facilities
Generally, the answer to this question is “No”. However, Medicaid does have a program, aptly named the “Assisted Living Program” (or “ALP”) that does provide Medicaid coverage for an assisted living. There are a number of facilities in New York,…
My Body: Taking Control of Your End-of-Life Decisions
The short, but perhaps not so obvious answer to the question “Who has the right to determine what happens to my body when I die?” is, YOU – provided you planned ahead of time. We advise many of our clients…
The Importance of Death Certificates in Probate Proceedings
The practical answer to the question “Do I need a death certificate to probate a will?” is yes. In a practical sense, the Surrogate’s Court generally requires a death certificate in order to probate a Will, as it needs the…
NAELA Attorney Receives 2019 Theresa Award
Tim Nay has mentored and educated attorneys throughout the country to ensure that seniors and people with disabilities had, and continue to have access to qualified elder law and special needs planning attorneys. We thank Tim for his efforts on…
Caring for Aging Parents: Addressing Driving and Housing
There comes a time where a child or family member may need to have tough conversations with an aging parent or family member with regard to their driving and housing. While there is no clear scientific evidence that indicates how…
Luke Perry: A Tragic Loss and a Reminder of Life’s Fragility
It was February 27th when Fox announced that the beloved 90s television hit, Beverly Hills, 90210, was picked up for a reunion series of six episodes. It came as a shock when, a week later, star Luke Perry, largely known…
Applying for Community Medicaid: What Your Attorney Can Do
What you should expect an attorney to do, after they are retained, to guide the Medicaid applicant and their loved ones through the Medicaid application process? When they are is engaged to complete an application for Community Medicaid, you can…
Applying for Community Medicaid: What You’ll Need to Do
As the population ages and people are living longer than ever before, an increasing number of people find they need help at home. Because the cost of paying for home care privately can be impossibly burdensome, many families choose instead…