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Do You Need A Trust?

By: Bernard A. Krooks, Certified Elder Law Attorney This is the primary question asked by many of our estate planning clients. So, here are our top 10 reasons to consider a trust (in no particular order). Please keep in mind that there are many different types of trusts and one size does not fit all. 1. You don’t want your estate to go through the probate process. While the probate …

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Seniors Fighting Social Isolation

  Riverdale Senior Services (RSS) is a nonprofit agency that champions older adults and their families through their wellness approach and in every aspect of their operations and facilities. Bernie and Julie Dalton, Executive Director of RSS and aging services professional, discuss how senior citizens can fight social isolation and the stigma of getting older with social, physical and education programming, caregiver support, volunteer work and the opportunity to live …

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Estate Planning Tips for Childless Couples

New York Long-Term Care Planning Attorneys

Childless couples are becoming increasingly common today. These couples have unique considerations to make when planning their estates. If you and your partner count yourselves among them, creating an estate plan can seem complicated but, nevertheless, it is critical in the absence of obvious heirs. Whether assets are left to another family member, a friend, a charity or another beneficiary, the important part is that you and your partner are …

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FAMILY FINANCE: Rules on renunciation and Medicaid

While my father was in a nursing home receiving Medicaid, his sister died and left him money in her will, and to his children if he died before she did. I am his only child. My lawyer prepared a renunciation and had my father sign it. The lawyer said this was to facilitate the transfer of funds to me without Medicaid claiming it. My father passed away in 2006. Medicaid states that renunciation is not allowed by Medicaid patients, and they are going to court to claim the funds that are still in my aunt’s estate. After paying the lawyer $3,000, do I have any recourse?

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CaringKind is New York City’s leading expert on Alzheimer’s and dementia care giving. With over 40 years of experience, they work with community partners to develop the information, tools and training to support individuals and families affected by dementia. On this podcast, Jed Levine, President and CEO of CaringKind, joins Bernard A. Krooks to discuss how Alzheimer’s patients, caregivers, and their families can utilize CaringKind’s program and services including a …

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Littman Krooks Special Education Advocacy

By Marion M. Walsh, Esq., Littman Krooks LLP The transition to college and young adulthood, while exciting, can be difficult for parents. Parents must not overlook obtaining advance consent from their children so they can have access to important health and educational information—or risk begin left out in an emergency. Once a person turns 18, the law presumes that they have the capacity to make their own medical, personal, and …

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Estate Planning for the Art Collector

The value of a fine art collection is both monetary and sentimental. Unlike other investments like stocks or real estate, art is often a passion and becomes very personal. It can be challenging for collectors to think about how they will incorporate their collection into their estate planning. Careful forethought is essential for the collector to maintain control of what happens to their beloved collection, even after they are gone. …

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Peter Falk’s Law

Estate Executor Liability

If someone prevented you from seeing a family member for the holidays, failed to tell you a family member fell sick, or worse, failed to notify you of a loved one’s funeral, what would you do? Catherine Falk, daughter of the late Peter Falk, who portrayed Lieutenant Columbo on the TV series “Columbo,” faced these scary questions. Ms. Falk’s stepmother, who was Peter Falk’s legal guardian, failed to notify her …

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A durable power of attorney and a healthcare proxy, also known as a medical by proxy, are legal tools commonly used when estate planning or in caring for another person. Although similar in that they each are the appointment of an agent to act on behalf of someone else, they have differences that set them apart from one another. What is durable power of attorney? In general, power of attorney …

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The Difference Between Chronic Medicaid & Community Medicaid in New York State

17-A Guardianship

By Brian Miller, Esq., Littman Krooks LLP Chronic Medicaid vs. Community Medicaid in New York State Seniors who need long-term care should know that these services are not covered by Medicare, so they will need to either purchase long-term care insurance, pay out of pocket, or apply for Medicaid. In New York State, there are two different Medicaid programs: Community Medicaid, which covers care at home, such as a personal …

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