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Why Is It Important to Designate a Beneficiary?

A question clients often ask is, “What happens to my assets when I die?

The answer to that popular question depends on what you do while you are alive.

When you die, your assets are essentially bulked into two general categories: (1) Non-Probate Assets; and (2) Probate Assets.

In order to determine if something is a non-probate or probate asset, you must look at the way in which the asset is owned.

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What Happens to my Social Security Benefits When I Die?

What Happens to my Social Security Benefits when I Die?When there is a death in your family, the first thing that comes to mind probably isn’t Social Security; and it shouldn’t be. But it should be noted that some of the decedent’s family members may be able to receive Social Security benefits if the deceased person worked long enough under Social Security to qualify for benefits. In order to find out what, if any, benefits you or your family may be entitled to, you should contact the Social Security Administration.

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How I Found Love in Elder Law and Estate Planning

Personal Anecdote: Why I Love Elder LawMy first job as an attorney was working for an attorney who concentrated on elder law and estate planning.    

A family member introduced him to me– and now, I cannot imagine doing any other type of law.

I love meeting with families and helping them when they are in difficult situations. It is incredibly rewarding to be able to help someone through a crisis, and come up with solutions that enable them to preserve their dignity and protect their assets.

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The Truth About Nursing Homes: Reasons to Consider

Don’t Assume Your Kids Will Take Care of You When You’re Old!The truth is, nursing homes are full of people who did not want to be there and whose families thought they never would.

As an elder law attorney, I often hear: “My mother will never end up in a nursing home,” or “I would never put my dad in a nursing home.”

It is all nice in theory. No one (myself included) wants to see their parents in a nursing home but, in most cases, the reasoning behind the decision is either financially driven or care-driven.

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When Does Guardianship Become a Necessity?

When Does Guardianship Become a Necessity?In New York State there are three different types of guardianships:

  • Guardianship under Mental Hygiene Law Article 81: Applicable to an adult who had capacity during their lifetime but has since experienced cognitive and/or functional limitations.
  • Surrogate’s Court Procedure Act Article 17 Guardianship: Guardianship of a minor, applies to anybody under the age of 18 without a legal guardian.  An Article 17 action assigns guardianship for a child only until they reach the age of majority at 18 years old.  
  • Surrogate’s Court Procedure Act Article 17A Guardianship: Applies to an adult without requisite mental capacity; adults with developmental disabilities, who are intellectually disabled, or who have a traumatic brain injury.
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Why Everyone Should Have a Will

Why do I need a will?It is estimated that 64% of Americans do not have a will. Some of the top reasons people give for not making a will include:

  • I do not have enough money to need a will
  • I just have not gotten around to it
  • I will not need it for a long time
  • I do not want to think about my own mortality

As recent celebrity deaths have shown, life can end unexpectedly in an instant. Without the proper planning, the inevitable can have many unwanted and unintended consequences for those you leave behind.

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