Estate Planning and Elder Law Blog

The Consumer Directed Personal Assistance Program and Family Home Health Aides

The Consumer Directed Personal Assistance Program (CDPAP) allows Medicaid long term care recipients to choose their own home care attendant, including family members, rather than hiring an aide from a home care agency. Medicaid Approval and Managed Long-Term Care Assessment Under the standard Medicaid process, after Medicaid approval, the recipient undergoes an assessment with a…

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Should I Put My Rental Property in an LLC?

A Limited Liability Company (LLC) is a type of business entity that limits the personal liability of the owners.  When clients own rental property in their individual name, or are considering purchasing rental property, we advise them to create an LLC to own the property instead. An LLC does exactly what its name suggests, it…

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When Deathbed Gifts Cause Estate Litigation

A common issue that arises during the administration of an estate concerns assets that were transferred close to death. These transfers can be in the form of gifts or the creation of a joint tenancy or a beneficiary designation. For example, a parent may have transferred cash in a bank account to one child or…

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We are now in East Hampton!

In order to better serve you, the staff of Burner Law Group, P.C. is proud to announce the opening of our fourth location at 300 Pantigo Rd, Suite 115 in East Hampton. We look forward to serving you with the same dedication and customer service that has become the hallmark of our practice!

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Minimizing Estate Tax for Singles

Currently, the federal estate tax exemption is $11.7 million and the New York State estate tax exemption is $5.93 million. If no further action is taken by Congress, in 2025 the federal estate tax exemption will revert to the former $5 million, indexed for inflation. Accordingly, there is a unique planning opportunity now to transfer…

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What is a Marital Trust?

A marital trust is a type of irrevocable trust that allows one spouse to transfer assets to a surviving spouse tax free, using the unlimited marital deduction, while providing benefits not available if transferred outright. When drafting Wills for married couples, we usually include a Marital Trust to provide estate tax planning, spousal care, and…

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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.” It was originally tested in Onondaga and Monroe Counties in May 2006.  In July 2008, after…

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New York’s New Power of Attorney

At long last, it’s here: New York State has amended the laws governing Powers of Attorney (POAs) in our state and the new statute will be in effect after June 13, 2021. This is big news for attorneys, especially those practicing in the areas of estate planning and real estate, and the clients they serve….

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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. In the case, CLARK V. RAMEKER, an individual inherited an IRA from her mother and later filed for…

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Inheriting a House with a Medicaid Lien

A Medicaid lien on a home must eventually be satisfied. Typically, a Medicaid lien is placed on real property when an individual is receiving benefits through the Medicaid program during his or her lifetime and still owns a primary residence. Even when the home is exempt, it can become subject to a lien when the Medicaid…

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