Estate Planning and Elder Law Blog

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IRS Tax Extensions

On March 21, 2020, the Internal Revenue Service (IRS) announced in IR -2020-58 that the federal income tax filing due date is automatically extended from April 15, 2020, to July 15, 2020. The IRS also announced that taxpayers can also defer federal income tax payments due on April 15, 2020, to July 15, 2020, without…

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Applying for and Keeping Medicaid Services During the COVID-19 Emergency

In light of the COVID-19 closing of non-essential workplaces and the reduction of staff members in essential ones, the New York State Department of Health has adjusted the requirements for Medicaid applications and assessments during this time. For those applying for Medicaid for the first time, the major difference to note is that you will…

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Estate Planning Virtual Signing During COVID-19

Question: I do not have a Will or advance directives but I am not able to meet with my lawyer at this time due to Covid19. I feel, more than ever, that it is important that I have these documents in place. What happens if I get sick or pass away and I do not…

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Importance of Advanced Directives in Light of COVID -19

Incapacity and death are usually topics that one attempts to push off to a future date or sweep under the rug.  We rationalize – “I am young” or “I am still handling my affairs” or “I will worry about it later”.  It is not until we are faced with a lifechanging event that propel us…

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Appointment of an Administrator

When a person does their estate planning, he or she will typically prepare a Last Will and Testament.   A Will contains a provision that nominates an Executor.  Since there is a nominated executor, typically, in probate proceedings the appointment of the fiduciary is not complicated as it is controlled by the selection made by…

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Irrevocable Trusts and the New Community Medicaid Lookback

Effective October 1, 2020 New York State will be implementing a thirty-month lookback as an eligibility requirement for Community Based Medicaid.  The lookback period for Chronic “nursing home” Medicaid will remain at sixty months. In addition, Spousal Refusal remains intact. Now more than ever it is important to consider your planning and for most, that…

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Medicaid Changes in New York State : A Mixed Bag

After what we were told were long negotiations and deliberations between Governor Andrew M. Cuomo, the Legislature of the State of New York, and their staff-persons, the Fiscal Year 2021 New York State Budget passed at 3 a.m. on April 3, 2020.  As a result, some changes will be made to the Medicaid Managed Long…

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Medicaid Recertification

Question: My mom is currently approved for Community Medicaid. I received a notification that her benefits need to be recertified. Is this something I should go back to my attorney to handle or can I fill it out myself? Answer: Once someone has been approved for Community Medicaid (home care benefits) or Chronic Medicaid (nursing…

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How Do I Know If I Have to Probate the Will?

Q: My loved one recently passed away and I am the nominated executor in the Will. How do I know if I have to probate the Will? A: The answer to this question depends on how the individual’s assets are titled at the time of death. Generally, assets that are titled in the individual’s name…

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