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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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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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New York Long-Term Care Planning Attorneys

By Bernard A. Krooks, Esq. Recently, several clients have asked whether they could write their own will.  I am sure that many more have thought about this, but haven’t asked.  I think the better question to ask is:  should you write your own will?  After all, there are several online services available to help and how complicated can it be, right?  Let’s discuss some of the things that can go …

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How to Fix a Broken Estate Plan

New York Asset Protection Lawyer

By Bernard A. Krooks, Esq., Littman Krooks LLP Challenges may arise if a person decides to write their own will. Lawyers do much more than draft documents. Lawyers make sure that the documents are drafted accurately and reflect your wishes and estate planning objectives. After all, once you are deceased it is likely too late to fix any mistakes you made in drafting your own will. There is however, at …

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International Caregiving

The difference between “home health care” and “non-medical in-home care” is not always clear, but it is a distinction with a big difference. “Home health care” is covered by Medicare, but “non-medical in-home care” is not. Senior citizens who fail to pay sufficient attention to which side of the line their in-home services fall may be in for a bad surprise when the provider’s bill comes due. Aside from mere …

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