Estate Planning and Elder Law Blog

What is Estate Planning?

Question: While I am familiar with Last Wills and Testaments, I keep hearing my friends talk about completing an “Estate Plan.” What is typically included in an “Estate Plan” and do I need one? Answer: While people are aware of the importance of execute a Last Will & Testament, they are often of the mindset…

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Chronic Care Medicaid

*Updated September 2020 “What does look-back mean? What is spousal refusal? Will Medicaid take my house if my husband has to go to a Nursing Home?” All too often these are the questions we hear from our clients who are faced with navigating the Medicaid landscape once a crisis occurs. In New York, the Medicaid…

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Nancy Burner & Associates, P.C. Attorneys Named to the 2015 New York Super Lawyers list

We are pleased to announce that Nancy Burner, Esq. has been selected to the 2015 New York Super Laywers list for an eighth year. Additionally, Britt Burner, Esq. and Robin Daleo Burner, Esq. have been honored as Super Lawyers Rising Stars. Super Lawyers is an exclusive list, recognizing no more than five percent of attorneys…

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End of Life Decisions

Making end of life decisions are crucial components of any estate plan.  As Elder Law attorneys, we deal with these issues every day.  Some advance directives are signed in an attorney’s office and some are executed with a health care provider.  A short review of each document will help clarify the issues surrounding the Living…

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Community Medicaid

The Community Based (Homecare) Medicaid program can assist families in paying for the cost of home health aides as well as other programs, supplies and equipment.  Once approved for Community Medicaid, the individual may be enrolled in a Managed Long Term Care Company (MLTC).  The MLTC will be in charge of coordinating the recipient’s healthcare…

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Credit Card Debts of a Decedent

Q: My father passed away with significant credit card debt, as the executor and one of the beneficiaries his estate am I responsible to pay these bills? A: As executor of your father’s estate you have the responsibility to pay his debts from estate assets. Assets that are includible in the estate are ones that…

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Advance Directives

Advance directives are documents that are usually signed with an estate planning attorney while the client still has capacity and are meant to give direction as to how the client’s healthcare and financial decisions should be handled in case of  incapacity. Advance directives traditionally include a health care proxy,  living will, and durable power of…

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Not All Powers of Attorney Are Created Equal

In practicing Elder Law, it is common for clients to come in to discuss applying for Medicaid to cover the cost of long term care for an ailing parent who has lost the mental capacity to make decisions for themselves. Before we even begin to discuss what transfers would need to be made to make…

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Internet Wills

Question: My friends used an online service to prepare their Wills.  They signed them at in the presence of their neighbors.  They said it was much less expensive than going to an attorney to have a Will prepared. I am planning to disinherit one of my children but I am hesitant to have my Will…

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Home Transfer When On Community Medicaid

 Question: My mother is receiving Community Based Medicaid. She owns a house in her sole name. She has received advice on what to do with the house such as transfer it to her children or to a trust. Are these options advisable?  Answer: The house should be transferred out of your Mom’s name.  Individuals who…

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