Westchester County Elder Law Attorneys

Experienced Westchester County Elder Law attorneys help New York families navigate vital legal questions.

Westchester County, New York, is a popular place to live and retire. Census Reporter data shows that about 40 percent of Westchester County residents are 65 or older.

As family members age, they develop unique legal needs. An attorney with extensive knowledge and experience in elder law is a family’s best choice to serve these needs. Elder law attorneys understand the interconnecting considerations that arise in old age. They can help families navigate estate planning, Medicaid, guardianship, and related issues. 

At Littman Krooks LLP, our team of nationally accredited Certified Elder Law Attorneys® in Westchester County can help your family handle these and other legal matters. Contact us today to learn more.

Table of Contents

Elder Law Considerations

“Elder law” encompasses several interrelated legal fields, including:

• Estate Planning. From creating a will or trust to crafting advance health care directives and power of attorney documents, estate planning can be complex. A solid estate plan eases end-of-life transitions. 
• Estate Administration. After a loved one passes, executing various estate documents can be challenging. An experienced elder law attorney can help you ensure estate administration goes smoothly.
• Medicaid Planning. The potential need for long-term care can complicate financial planning for seniors. Navigating Medicaid’s rules can be complex. A knowledgeable elder law attorney can help. 
• Guardianship. Some seniors lose the ability to make decisions in their own best interest. In these cases, guardianship can be necessary and helpful. Other, less restrictive options are also available. An attorney can help you understand and choose the best option for your loved one. 

These considerations often affect one another. Medicaid planning, for example, can affect or be affected by the terms of an estate plan. Guardianship questions may also call for attention to financial concerns, which overlap with estate plans and Medicaid planning. Working with an experienced attorney can help you and your family navigate these matters effectively, creating a safe and supportive arrangement for senior family members. 

Estate Matters

By the time you retire, you have likely spent decades making financial plans to build and protect your family’s wealth. Without a proper estate plan, however, all this work can fall apart. 

In New York, state law sets default rules for handling an estate when someone dies without an estate plan. The state decides how your remaining assets and debts are divided among your family members. The state’s decisions are guided by certain default rules in state law, which may differ from how you would choose to leave items to your family. 

Without an estate plan, families are left with little guidance. Disputes can easily arise between family members, leading to unnecessary conflict and expense at an already trying time. 

A will is the cornerstone of many estate plans. However, a will is not the only estate planning tool available. One or more trusts can also protect assets while carrying out your wishes for your beneficiaries. Certain financial tools, such as an individual retirement account (IRA), allow you to designate beneficiaries as well. 

Dividing assets in an estate plan is not always a straightforward process. Questions to consider include:

• Who are my heirs? Do I want to leave everything to my children? Do I want to include other family members? Would I like to leave anything to one or more charities?
• How do I want to divide my assets? Do I want them to go equally to each heir? 
• Do any of my heirs have specific needs that may call for them to receive a greater share of, or priority access to, any of my assets? 
• Do we have one or more family businesses? How will these be handled in my estate plan? 
• Should I create any conditions or restrictions on inheritance? For instance, if I choose to leave money to a grandchild, should I require my grandchild to reach adulthood before receiving full access to the funds? If so, who will handle the funds in the meantime? 
• How will I manage potential conflicts among my heirs, especially if I do not leave equal shares to each heir? 

Once a loved one has passed, administering the estate can be challenging as well, especially while the family is also dealing with grief. Typically, a will must go through probate, which requires time spent in probate court. The probate court will appoint a personal representative to manage the estate. If the representative named in the will declines the position or is not available, the court may have to choose a replacement – a process that can take time and that deserves the family’s attention. 

No one who creates an estate plan wants to see their loved ones fight over it. Yet disputes can arise during the administration of an estate plan. If disputes arise, an elder law attorney can help navigate those questions, protecting the estate and streamlining the process. 

Medicaid Issues

Approximately 70 percent of people will require long-term care at some point in their lives, according to a Genworth Cost of Care survey. The survey estimates that in 2023, a semi-private room in a nursing facility costs $13,976 per month. These costs are expected to continue to rise as the years go by. 

For some families, it’s possible to pay these costs out of pocket. Other families may need to rely on long-term care insurance. For 60 percent of nursing home residents, Medicaid pays the costs for nursing home care. 

Medicaid is a need-based program. Medicaid’s rules typically require a person to spend their own assets before qualifying for Medicaid assistance. However, with the right legal tools, a family can protect its assets while still allowing a senior in need to qualify for Medicaid assistance. Medicaid planning is the process of creating these protections. 

One key aspect of Medicaid planning is Medicaid’s five-year “look back” period. Assets transferred for less than market value during this five-year period will cause an elderly person to be ineligible for Medicaid for some time. 

Navigating the look-back period and other aspects of Medicaid can be complex. A knowledgeable elder law attorney can help your family create a plan to protect assets while still accessing the assistance Medicaid provides. 

Guardianship

Aging comes with certain challenges. For some seniors, the ability to make safe decisions in one’s own best interest becomes impaired. 

When a family sees their loved one losing the ability to make good decisions, they may become concerned or even alarmed. A family may jump to the conclusion that guardianship is necessary. 

Guardianship plays an important role in protecting elderly New York residents who can no longer make decisions in their own best interest. Guardianship is only one available tool to help seniors. Other, less restrictive options are also available. 

These options can provide a better fit for seniors who can still make many decisions on their own but require help in certain areas, such as financial management. Tools like caregiving, trusts, powers of attorney, advance health care directives, health care proxies, and representative payees can all allow a trusted family member to assist an elderly loved one with daily life and tasks. 

It’s wise to make these plans well in advance of when they’re needed. If an elderly person becomes incapacitated with no plan in place, the state may require guardianship. 

New York recognizes three types of guardianship:

• Guardian of the person, who is responsible for health and welfare decisions.
• Guardian of property, who is responsible for financial affairs.
• Guardian of person and property, who handles both matters. 

For guardianship of a senior loved one who becomes incapacitated, an Article 81 guardianship petition is typically filed with the Supreme Court or County Court. Other types of guardianship are available for children or those with developmental disabilities. 

Navigating guardianship questions can be challenging. An experienced and compassionate Westchester County guardianship attorney can help your family understand key issues and make informed decisions for your loved one. 

Speak to an Experienced Westchester County Elder Law Attorney Today

Littman Krooks LLP is New York’s only law firm featuring three accredited Certified Elder Law Attorneys (CELAs)®. CELAs® are accredited by the National Elder Law Association, which holds these attorneys to the highest standard of elder law care and expertise. As of 2023, New York had less than 50 CELA® accredited attorneys nationwide.

With three CELAs® on staff, Littman Krooks LLP provides the depth of experience found in large law firms with personalized attention unique to small firms. Our accredited attorneys regularly consult with one another, offering depth of experience and professional, experienced perspectives on every aspect of elder law in Westchester County and throughout New York. We’re dedicated to providing our highest level of service for every client and family we serve. 

The Westchester County elder law attorneys at Littman Krooks are here to help you protect your family’s financial future. Contact us today to learn more about how we can serve your elder law and estate planning needs.