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Does a Joint Account Avoid Probate?
Naming a child on your bank accounts can lead to numerous consequences, including potential costly estate litigation.
Consider this scenario: An individual executes a will in 1995. The Will leaves all of his personal property (household furnishings and other personal effects), to his friend who is also the named Executor. The rest of his estate he leaves to his two sisters. When he died in 2012, his two sisters had predeceased him.
Someone told me to avoid probate, so I have added my two children as joint owners on my accounts or put them “in trust for” my children. Does this protect my assets from Medicaid too?
My father is about to enter a nursing facility. He may have to spenddown some of his money in order to qualify for Medicaid. I was told that he could pre-pay his own funeral and he may be able to pay for his children’s funeral as well. Is this true?
My sister recently passed away and I just found out that I was named executor of her Will. I am really busy with my job and family and really do not want to serve. Can I decline or resign from being executor?
While discussing an estate plan with a client, she stopped me and said “What is probate.” Sometimes we forget to explain the simplest concepts. Probate is the process by which a Last Will and Testament is given effect.
I heard that there were changes to the STAR property tax relief program. Will I be affected? Does it matter that my house has been transferred into an Irrevocable Trust?
My dad signed a DNR when he was recently admitted to the hospital. Will this be effective when he is discharged back to his home?
My wife and I recently executed a Revocable Trust and re-titled our home and some bank accounts into the name of the trust, thinking that we had taken the first steps toward protecting our assets should one or both of us need Nursing Home care in the future. I just heard from a friend of mine that a Revocable Trust does not protect my assets and that what I should have considered was an Irrevocable Medicaid Trust, could you explain the difference?
I was recently named as an agent on my mother’s Durable Power of Attorney which included a “statutory gift rider.” What is this document and what responsibilities will I have?
I am listed as power of attorney on my mom’s bank account. Will I be able to access this money after she dies to pay for the funeral?
In The Media
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Hon. Gail Prudenti Joins AHRC Nassau Foundation Board of Directors
As a member of the Board, Judge Prudenti will help advance the Foundation’s mission and ensure the long-term sustainability of programs that support children and adults with intellectual and developmental disabilities throughout Long Island.
November 15, 2023 -
Burner Prudenti Law, P.C. Recognized as Tier 1 Law Firm by Best Lawyers
We are honored to announce Burner Prudenti Law, P.C. has received a Tier 1 ranking in Elder Law in Long Island by U.S. News – Best Lawyers for the 2024 edition of “Best Law Firms.”
November 2, 2023 -
Burner Prudenti Law Attorneys Named 2023 Super Lawyers and Rising Stars
Four Burner Prudenti Law, P.C. attorneys have been included in this year’s Super Lawyers and Rising Stars lists for the New York Metro area. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
September 22, 2023 -
Matthew Kiernan, Former Suffolk County Public Administrator, Joins Burner Prudenti Law, P.C.
Burner Prudenti Law, P.C. is pleased to announce that Matthew Kiernan, Esq., former Public Administrator of Suffolk County as appointed by the Surrogates Court, has joined the firm as Counsel.
September 22, 2023 -
Nancy Burner and Britt Burner Recognized as 2024 Best Lawyers in America, Five Attorneys Named Ones to Watch
Nancy Burner and Britt Burner have been included in the 2024 edition of The Best Lawyers in America for the practice areas of Elder Law and Trusts & Estates. This is Nancy’s tenth consecutive year being honored for Setauket, NY, and Britt’s second year being honored, this year for New York, NY.
August 21, 2023 -
Burner Law Group Now Burner Prudenti Law, P.C.
Judge Gail Prudenti, Former Chief Administrative Judge for the State of New York, Joins the Firm, Expanding Its Trust & Estates Practice
August 17, 2023
Our Blog
Estate planning is all about preparation and ensuring that your assets are distributed in line with your wishes. It’s a comfort knowing your loved ones will be cared for just as you intend. However, life’s unpredictability sometimes throws a curveball. What if a beneficiary becomes disabled after you’ve finalized your estate plan?
Burner Law Group, P.C. has been serving Suffolk County and the greater New York area for more than 28 years. As a client-first, community-driven boutique trust and estates law firm, we know the value of growth and partnership.
Estate planning involves careful consideration of various factors to ensure that your assets are protected and distributed according to your wishes. One element that can add an extra layer of flexibility and protection to your trust is the inclusion of a Trust Protector.
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Mental illness refers to a wide range of conditions that affect an individual’s mood, thinking, and behavior. These conditions can affect a person’s ability to function in daily life and can vary in severity from mild to severe.
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.
