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Elder Law & Estate Planning
Important 2022 Updates Regarding Estate Taxes, Medicare and Medicaid
By Brian L. Miller, Esq. With a new year upon us, we have new changes to the federal estate and gift tax limits, Medicare premiums, deductibles and co-insurance amounts for Medicare Part A and Part B programs, and the New York State Medicaid asset and income limits. FEDERAL ESTATE AND GIFT TAX LIMITS As of…
The Realities of Health Care Advance Directives
By Joel Krooks, Esq. Recently, the Uniform Law Commission formed a new committee to review the Uniform Health Care Decisions Act (UHCDA). Although, New York is not one of the states that follows the UHCDA, the potential changes the committee is discussing brings important issues to light. The states that do follow the UHCDA are…
Who Me? Do I Really Need to Plan?
By Bernard A. Krooks, Certified Elder Law Attorney It is not uncommon for younger family members to accompany a parent or other relative to an estate planning or elder law consultation with one of our attorneys at the firm. I have often observed that many of our clients are motivated to take action due to a family…
Getting the Most from Your Long-Term Care Insurance Policy
During a new estate planning consultation, I will always ask my client whether they own a long-term care (LTC) insurance policy. Whether a client has funds set aside through such policy to offset their long-term care needs is an important part of creating an appropriate and sound estate plan. It is our practice to review any policies our clients…
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…
Potential Litigation Under the General Obligations Law
By Joel Krooks, Esq., Littman Krooks 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. However,…
New York Medicaid Applications and the Unlicensed Practice of Law
By Brian L. Miller, Esq., Littman Krooks 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, often…
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…
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:…
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
