Elder Law in New York
An elder law attorney helps clients and their families navigate the challenges unique to seniors as they age. Our attorneys help seniors in New York plan for long-term care, determine eligibility for government benefits, and ensure legal documents such as wills, trusts and advanced directives are in place. We put together comprehensive Aging in Place Plans to make sure that our clients enter their Third Age independently, joyfully and financially secure.
It’s no secret that most seniors will need some form of long-term care. But the vast majority of American families are unprepared for the financial burden that quality care places on them. In New York, the cost of home health aides has skyrocketed. Ongoing care at home can cost more than $10,000 per month, and nursing home care upwards of $15,000 per month. When families are faced with such steep bills, they often panic and fear there is no solution. Our experienced attorneys and staff always find a solution - whether planning ahead of time to qualify for Medicaid long term care or on the eve of needing care.
Anyone who owns any assets needs an estate plan, which may sound intimidating but our attorneys and staff make it very easy to do. An estate plan can range from a simple will with Advance Directives to trusts that aim to minimize estate tax. Every family situation is different and we tailor your estate planning documents to fit your needs and goals. There are many variations that can be drafted into your Last Will or Trust and our estate planning attorneys can advise you on the best options for you. Clients are always surprised to learn what would happen to their assets if they pass away without a Will, so it is important to consult with an estate planning attorney who can explain how your assets pass at death and how to best take care of your loves ones.
Special Needs Planning
Supplemental Needs Trusts are a critical component of your estate planning if you have disabled beneficiaries for whom you wish to provide for at your death. Generally‚ Special Needs Trusts are either stand alone trusts or they can be a sub-trust in your existing Will or Trust. They are usually funded with cash or a life insurance policy. Supplemental Needs Trust allow families to ensure disabled beneficiaries are cared for without losing their much needed government benefits.
Estate Planning for High Net Worth Individuals
Our firm understands that our high net worth clients want to not only transfer wealth and minimize inheritance tax, but to create an enduring legacy that passes on values as well as assets. Anyone with assets over the New York State estate tax exemption amount of $5.93 million will want to discuss various transfer techniques to take advantage of the historically law federal estate and gift tax exemption before the anticipated sunset on January 1, 2026 or the rumored lowering at the end of 2021. With proposed changes to capital gains, non grantor trusts, and income taxes on the horizon, anyone with significant appreciated assets needs to consult with an attorney well before the end of the year.
Business Succession Planning
As a business owner in New York, you are acutely aware of what it takes to be in business and keep everything running smoothly. But one thing you may not have considered is what happens if you’re not available to run it anymore.
Business Succession Planning »
The purpose of a guardianship proceeding is to have the court appoint a guardian for a person who is deemed incapacitated and unable to make decisions with respect to personal and/or financial matters. The Petitioner must prove by clear and convincing evidence that the alleged incapacitated person (or “AIP”) cannot perform some activities of daily living, cannot appreciate the nature and consequences of his or her inability to handle such matters, and that the AIP is likely to suffer harm if a Guardian is not appointed.
Probate & Estate Administration
What happens to a loved one’s assets after death? They pass on to his or her designated beneficiaries if there is a Will or their statutory distributees (next of kin) if there is no Will. From the simplest of estates to contested matters, our attorneys can guide you through your options and responsibilities when a loved one passes away.