Estate Planning and Elder Law Blog

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

*Updated August 11, 2020 Since the advent of the coronavirus pandemic, we have been approached my people who are nervous because they have no Will or advance directives, but are unable to meet with  a lawyer because of the risk. Covid19. People want to know what the consequences are if the get sick or pass…

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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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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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Seeking an Attorney for Medicaid Application

Q: Do I need to hire an attorney to complete a Medicaid application for my dad?  He has some assets in his name, including his primary residence, which I have heard is automatically protected from Medicaid. A: The Medicaid health care system is a tricky system to navigate with its extensive rules, regulations and exceptions. …

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Can I Refinance My Home If it is in an Irrevocable Trust?

Many people use irrevocable trusts as part of their estate plan for tax savings, asset protection and Medicaid planning. In all these types of trusts, the Grantor (creator) of the trust is going to be limited to their access of the principal of the trust in order to ensure that their planning needs are met….

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