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Elder Law & Estate Planning

SECURE 2.0 builds on the SECURE Act that was enacted in 2019 and continues to change retirement plans for individuals.
Elder Law & Estate Planning

SECURE ACT 2.0

By Joel Krooks, Esq. On December 29, 2022, President Biden signed SECURE 2.0 Act into law. SECURE 2.0 builds on the SECURE Act that was enacted in 2019 and continues to change retirement plans for individuals. Increase in the Age for Required Minimum Distributions: SECURE 2.0 increases the age individuals begin taking required minimum distributions…

Beginning January 1, 2023, New York State will increase its asset and income limits for Disabled, Age 65+ and Blind (DAB) Medicaid applicants and recipients seeking long-term care benefits.
Elder Law & Estate Planning

New York Medicaid Increases the Asset and Income Limits in 2023

By Brian L. Miller, Esq. Beginning January 1, 2023, New York State will increase its asset and income limits for Disabled, Age 65+ and Blind (DAB) Medicaid applicants and recipients seeking long-term care benefits. Changes to Asset Limits: For both community and nursing home Medicaid applicants and recipients, the available asset limit will increase to…

Many questions arise on the efficacy and implementation of the Mayor’s new directive.
Elder Law & Estate Planning

Understanding NYC’s Directive on Involuntary Treatment for Individuals with Mental Illness

By Nicholas N. Khayumov, Esq. On Tuesday, November 29, 2022, Mayor Eric Adams issued a directive to give the police increased authority to assist the rising homeless population in New York City who have apparent mental health issues and are not receiving adequate treatment. According to news reports, the city has seen an increase in…

The legislation is intended to support older LGBTQ adults as they often have great social needs
Elder Law & Estate Planning

New Legislation Strengthens Support For Older LGBTQ New Yorkers

By Brian L. Miller, Esq. Legislation was recently signed into New York State law broadening the term “greatest social need” as it pertains to the Older Americans Act of 1965 (“OAA”). The OAA is a Federal Act established authority for the federal government to make grants to states for community planning and social services, research…

The Center for Medicare & Medicaid Services (CMS) recently announced that there will be a decrease in the cost of monthly premiums for Medicare Part B in 2023
Elder Law & Estate Planning

Medicare Fees to Decrease in 2023

By Brian L. Miller, Esq. The Center for Medicare & Medicaid Services (CMS) recently announced that there will be a decrease in the cost of monthly premiums for Medicare Part B in 2023. Monthly premiums for Medicare Part B, which covers routine doctor visits and outpatient care, is scheduled to decrease by 3%. Currently, the…

The IRS just released the estate tax exemption amount and the annual exclusion amount for the year 2023
Elder Law & Estate Planning

Numbers to Know for Estate Planning in 2023

By Joel Krooks, Esq. The IRS just released the estate tax exemption amount and the annual exclusion amount for the year 2023. Both amounts are set to increase from 2022. The estate tax exemption amount will increase from $12.06 million in 2022 to $12.92 million per person in 2023. This is a $860,000 increase. This…

There has been an update on New York's Community Medicaid program
Elder Law & Estate Planning

Update on the Thirty-Month Lookback Period for New York’s Community Medicaid

By Brian L. Miller, Esq. In April of 2020, New York State passed laws significantly changing the Community Medicaid program for all New Yorkers, including the implementation of a thirty-month lookback for all asset transfers. These laws were intended to take effect in October 2020 but have been pushed back several times due to the ongoing…

How to plan for rising senior care costs
Elder Law & Estate Planning

Planning for Inflation and the Rising Costs of Senior Care

By Brian L. Miller, Esq. Over the years we have all witnessed the steady rise in the cost of senior care, be it nursing home, assisted or independent living, or home health aides. Unfortunately, with the increased inflation we’ve experienced over the past year, the cost of senior care is rising at an alarming rate.…

Elder Law & Estate Planning

What Happens if Someone Dies Without a Will?

By Brian L. Miller, Esq. If someone dies without a valid will, the court will divide their assets according to the New York intestacy laws. These rigid laws are intended to be a backup plan to ensure that someone’s assets have somewhere to go upon their death and do not end up escheating to the…

Elder Law & Estate Planning

A Hidden Trap for the Unwary

By Nicholas N. Khayumov, Esq. Are you helping a loved one going into a Skilled Nursing or Assisted Living Facility? Beware of some hidden traps for the unwary. Imagine coming home to find a letter from a facility or their legal team addressed to you demanding payment for tens if not hundreds of thousands of…