Estate Planning and Elder Law Blog

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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Expectancy Interest in Transfer on Death Accounts

Q: My mother is an assisted living facility and while going through some of her papers, I found that there is a bank account worth about $120,000 in her sole name that I am listed as a transfer on death (TOD) beneficiary. I have 2 other siblings that are not listed on this account. What…

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Resale of Property in a Trust

Q: I transferred ownership of my house to a Medicaid Qualifying Trust ten years ago. I just put it on the market for sale, where will the proceeds go after sale? Are they protected? A: Many clients choose to place their primary residence into a Medicaid Qualifying Trust. Once the trust is drafted and signed…

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Nancy Burner, Esq. included in Best Lawyers 2020 Lawyers of the Year Honors

Nancy Burner, Esq. has been recognized by Best Lawyers TM as the 2020 Long Island Elder Law “Lawyer of the Year.” Since it was first published in 1983, Best Lawyers ® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 94,000 industry leading lawyers are eligible to…

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Descendant or Beneficiary Trusts

Question: My friend told me that when he dies, his house and brokerage accounts are going to go to his children in trusts. I thought that trusts were only for people with large amounts of money that are trying to avoid taxes. Is this true? What are the benefits of his children receiving assets in…

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