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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…
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.…
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…
A Hidden Trap for the Unwary
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 dollars for services your spouse,…
Legislation Empowers Families to Support Charitable Organizations Providing Essential Services for Loved Ones
By Amy C. O’Hara, CELA The Special Needs Alliance commends the Senate Finance Committee for unanimously approving legislation that would give families greater flexibility in choosing the remainder beneficiary of trusts established for a loved one who has a disability or chronic illness. Partners Bernard A. Krooks, a past president of the Special Needs Alliance,…
Significant Changes To The New York State Medicaid Programs
By Brian L. Miller, Esq. Recently, there have been significant changes to the New York State Medicaid programs for New Yorkers who are age 65+, blind or disabled. As discussed in our prior blogs, New York passed a law in April 2020 to implement a 30-month (two and a half year) lookback period for all…
Estate Planning For Your Pet
By Amy C. O’Hara, CELA When clients hire our firm to put their estate planning in order, they start the process with thoughts regarding their assets, planning for their spouse and children and sometimes who they want to receive their tangible personal property, including jewelry, furnishings, and art. However, rarely do clients incorporate their furry…
Understanding the Gift Tax in New York
By Joel Krooks, Esq. It is a common misconception that when a person makes a gift to another recipient that there is a gift tax. Gift tax planning is complicated yet can be an essential tool in estate planning. Annual Exclusion In 2022, the annual gift tax exclusion is $16,000 per individual. This means that…
New SEC Rules to Protect Against the Financial Exploitation of Senior Citizens
By Joel Krooks, Esq. Sadly, the financial exploitation of senior citizens is a growing problem in the United States. As a result of the growing problem, the SEC has approved new rules relating to the financial exploitation of seniors (Rule 2165 and amendments to Rule 4512). The new rules provide members of the Financial Industry…
Psychiatric Advance Directives
There are several advance directives that an estate planning attorney will recommend for clients, including a Power of Attorney, Health Care Proxy, and Living Will. For individuals that receive treatment for their mental health, an additional advance directive may be appropriate. A Psychiatric Advance Directive, also known as a mental health advance directive, is a…
