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Elder Law & Estate Planning

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Elder Law & Estate Planning

Article 81 Guardianship Litigation: Removing a Guardian

A guardian has been appointed for you.  What happens if you don’t like your guardian?  Guardianships, or conservatorships as they are referred to in some states, have come under intense scrutiny in light of the Britney Spears conservatorship.  There are numerous elements to Spears’ conservatorship to explore, including requesting authority to hire an attorney, removing…

Family caring for senior woman
Elder Law & Estate Planning

Potential Litigation Under the General Obligations Law

By Joel Krooks, Esq., Littman Krooks LLP A Power of Attorney is a very powerful legal document that allows a person (referred to as a principal) to appoint another person (referred to as an agent) to assist with the principal’s finances on their behalf.  Often, spouses, children or siblings act as agents for the principal.…

Probate and Estate Administration
Elder Law & Estate Planning

New York Medicaid Applications and the Unlicensed Practice of Law

By Brian L. Miller, Esq., Littman Krooks LLP Recently, the New York chapter of the National Academy of Elder Law Attorneys (NAELA) proposed legislation in Albany regarding the unlicensed practice of law surrounding Medicaid applications submitted by non-attorneys. While federal regulations allow non-attorneys to prepare and submit routine Medicaid applications on behalf of an applicant,…

Happy Senior Couple On Vacation at the Beach
Elder Law & Estate Planning

Article 81 Guardianship Litigation

In light of how they have been portrayed in the media lately, guardianships can be viewed negatively by those who have not been personally involved in the process. The application process can appear daunting as there is little information provided to the public.  We are here to illuminate the process. In New York, pursuant to…

Man on laptop preparing for estate planning consultation
Elder Law & Estate Planning

Hey Dad, Can I Borrow Some Money?

By: Bernard A. Krooks, Certified Elder Law Attorney We all want to do right by our children. Sometimes, even as adults, our children encounter cash flow issues and need a little help. So, as parents we are often called upon to lend money to our children. As lawyers, we hear similar stories all the time:…

Elder Law & Estate Planning

Britney Spears’ Case Is Back in Court. Here’s What Could Happen Next With Her Conservatorship.

Time.com | July 14, 2021 | By Megan McCluskey featuring Bernard A. Krooks, Esq., Littman Krooks LLP

Multi-generation-family-portrait
Elder Law & Estate Planning

Securing the Safety of Clients in Family Court

Elder Law practitioners work within complex family dynamics when they engage with their clients on a variety of topics. Most often, even if tension exists among family members, the exchanges among the parties are civil. In some circumstances, however, family dynamics are more complex and even become unsafe. When this arises the elder law practitioner…

Elder Law & Estate Planning

Remote Notarization and Witnessing Has Ended

By Brian L. Miller, Esq. With Governor Cuomo officially ending the New York State’s COVID-19 State Disaster of Emergency on June 24, 2021, so too ended his authority to suspend and modify laws using executive orders.  As such, the Governor’s executive orders which allowed remote notarization and remote witnessing of documents have ended. Effective June…

Senior Couple Cooking Together
Elder Law & Estate Planning

The Benefits of a Credit Shelter Trust

By Joel Krooks, Esq., Littman Krooks LLP In 2021, the New York estate tax exemption amount is $5,930,000. If an individual has over $5,930,000 of assets, then that individual will owe an estate tax at their passing. One planning technique for individuals to consider is to use a Credit Shelter Trust in estate planning documents.…

Student with special needs with mom on computer
Elder Law & Estate Planning

Supplemental Security Income Restoration Act

By: Amy C. O’Hara, Esq., Littman Krooks LLP Earlier this month, Congress reintroduced the Supplemental Security Income Restoration Act (H.R.3763). The proposed bill provides significant and long overdue improvements to the Supplemental Security Income (SSI) program including increasing the general income disregard from $20 per month to $123 per month, adjusting the earned income disregard…