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Category: Elder Law
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Hon. Gail Prudenti Selected as a Top Lawyer in Long Island

We're excited to announce that Hon. Gail Prudenti has be recognized by the Long Island Herald as a 2024 Top Lawyer of Long Island award recipient for her excellence in the Trusts and Estates practice area.

April 22, 2024
Reimagining Health Care Choices: New York’s New Era of Remote Proxy Witnessing

In an era where convenience and safety are paramount, New York State has taken a significant step forward by allowing the remote witnessing of health care proxies. This change is particularly beneficial for individuals who, for medical reasons, cannot safely execute a health care proxy in the presence of two witnesses.

December 29, 2023
Do I Need to Update a Medicaid Asset Protection Trust?

Question: I had an irrevocable trust drawn up for me years ago. What are its benefits, and do I need to update it?

December 21, 2023
Medicare’s 100 Days Explained

Medicare never covers the full cost of a skilled nursing facility. Medicare does not always provide 100 days of rehabilitation, it will pay “up to” 100 days.

June 24, 2022
Demystifying Probate

Britt Burner, Esq. discusses the importance of Estate Planning documents, the process of probate, and common misconceptions in elder law.

December 10, 2021
Trustee Responsibilities and Obligations

If you have been named as a trustee of someone’s trust, you may be wondering what you are supposed to do. It is important that the trustee understand their duties and responsibilities.  The most important thing to remember as trustee is that the trust assets are not your assets.

October 13, 2021
What is a MOLST Form?

In addition to traditional healthcare advance directives, such as a Healthcare Proxy and Living Will, the MOLST form is another directive one can execute to ensure their end-of-life wishes are followed. MOLST stands for “Medical Orders for Life-Sustaining Treatment.”

June 19, 2021
Inherited IRAs Are Not Protected from Bankruptcy

In June 2014, the United States Supreme Court unanimously found that IRAs that are inherited, are not protected from creditors in a bankruptcy proceeding because they are not considered “retirement funds” as interpreted by the Bankruptcy Code.

June 16, 2021
Reverse Mortgage Trusts

Question: My mother owns her home and is considering putting it into an irrevocable trust. She is concerned that if in the future she wanted to take a Reverse Mortgage on the property, she would not be able because the house is owned by a trust, is that correct?

May 7, 2021
IRA Beneficiary Designations

Question: I have recently rolled over my employer sponsored 401(k) plan into an existing IRA. I am not sure if I need to update the beneficiary designation forms on file; can you give me some advice?

February 12, 2021
Failure to Maximize an IRA

Question: My mother applied for Chronic Care Medicaid to cover her stay in a nursing home facility. At the time of her application she had an individual retirement account (IRA) in the amount of $11,000.00 and $2,000.00 in her bank account. I was informed that the resource allowance for Medicaid is $15,900.00 (2021). However, my mother was denied Medicaid for failure to “maximize” her IRA. What does this mean and was the Department of Social Services correct in its determination to deny Medicaid?

January 1, 2021

Our Blog

Thought Leadership

The COVID-19 pandemic has devastated families across the United States, leaving countless people grappling with loss, grief, and unanswered questions. If you’re one of the many people who have lost a loved one to COVID-19, you may be wondering if there is any recourse you can take against the nursing home where your loved one lived.

March 24, 2023 Read Article

New York State has recently passed new legislation – NY Executive Law Section 135-c, bringing significant changes to the rules governing notarization.

March 3, 2023 Read Article