Estate Planning and Elder Law Blog

Nancy Burner, Britt Burner and Kera Reed included in the 2022 Edition New York Area’s Best Lawyers List

Nancy Burner, Esq., for the eighth consecutive year, has again recognized by Best Lawyers and her peers in the practice areas of Elder Law and Trusts and Estates. Nancy  has been recognized in The Best Lawyers in America© since 2014 for Elder Law. She was named the Best Lawyers® 2020 Elder Law “Lawyer of the…

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Medicaid Tips: Community Budgeting – How a Nursing Home Resident Can Keep $904 instead of $50 per month

Chronic Medicaid is a needs-based benefit that will cover room and board in a nursing home. When an individual is approved for Chronic Medicaid, the local Department of Social Services (DSS) determines the net available monthly income contribution (or “NAMI”). This is the monthly amount that the Medicaid recipient must pay to the nursing facility….

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Protecting Retirement Assets After the Secure Act

On December 20, 2019, a Federal law relating to retirement plans was enacted, entitled Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act). The law was implemented on January 1, 2020 and impacts retirement accounts and the rules for those who own and inherit them. Traditionally, individuals with retirement accounts enjoyed tax-deferred…

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Do Grandchildren Have Inheritance Rights?

Grandchildren do not have automatic inheritance rights except under certain circumstances. In New York, the most common scenario where a grandchild may inherit is when a grandparent passes away without a Will and the grandchild’s parent is no longer living. This intestate succession is controlled by statute and passes down the bloodline. Pursuant to the…

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Burner Law Group, P.C. featured in East Hampton Star

In celebrating our new East Hampton office opening, our friends at the East Hampton Star wrote an article about the firm and the importance of estate planning especially during the pandemic. Thank you East Hampton Star! Click here to read the article.

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Is a Beneficiary of a Will Entitled to an Accounting?

Any beneficiary of an estate is entitled to an accounting from the executor or administrator of the estate. This is true whenever assets  pass through Surrogate’s Court. The individual providing the accounting is the Executor appointed under a Will or the appointed Administrator when someone dies without a will. Of course, if no assets pass…

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Using a Durable Power of Attorney in Medicaid Planning

Medicaid will pay the long-term care needs for individuals who meet certain income and asset criteria. This means that Medicaid will pay the high cost of home care or nursing home care for seniors. Since Medicaid is a means tested program, many people believe that they cannot access benefits. This common misconception results in people…

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Letters of Trusteeship

“Letters of Trusteeship” is a court document giving the nominated trustee of a trust created under a Last Will and Testament (“Will”) the power to act. Such a trust is called a testamentary trust because it is created in a Will. When a Will is submitted to the Surrogate Court for probate, via the filing…

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Medicaid Tips: How to Get a Housing Allowance When Discharged from a Nursing Facility

Question: My husband has been in a nursing facility for several months receiving Chronic Medicaid. He is now ready to come home and receive home care Medicaid. How much of his income can he keep when he returns home? Answer: Once your husband returns home, his Medicaid status will convert from Chronic Medicaid (nursing home…

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Can Medicaid Put a Lien on My House?

The simple answer is no.  So long as the house continues to be your primary residence, Medicaid cannot put a lien on the home. Generally speaking, to qualify for nursing home Medicaid (also known as Chronic Care Medicaid), a Medicaid applicant can have up to $15,900.00, not counting tax-deferred retirement accounts – however the required…

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