SSI And The “Able” Account
Kelly is 24 years old. She is on the autism spectrum and is receiving SSI. She is doing her best to be independent, but the monthly stipend is limited and it is difficult to live on her own with minimal…
Supplemental Needs Trust: Protecting Government Benefits
Recently I received a call from a long-time client in a complete panic. She had been talking to her friend about the planning that they each implemented and the friend insisted that the client established the wrong trust for her…
Can I Fight a Nursing Home Discharge?
It can be extremely upsetting to be told by a nursing home that your loved one must leave. Unfortunately, sometimes a nursing home will have an ulterior or nefarious reason to want to discharge a resident from the facility. Perhaps…
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…
Alzheimer’s Causes, Symptoms, and Treatment
June is National Alzheimer’s and Brain Awareness Month, a time to show support for the millions of people struggling with this debilitating disease—and, a good time to think about planning for the possibility of needing long-term care. Alzheimer’s disease is…
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…
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…