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April 20, 2021


What Happens During a Probate Process? Steps and Guide

Probate is the process of distributing your assets after you die. Depending on the details of the estate, the probate process will be relatively complex or relatively simple. In many cases, especially with large estates, the process is far too complex to manage without the assistance of an experienced probate legal practitioner. Following is an […]

Elder Planning: It’s Never Too Early or Too Late

Most people have a general idea of what estate planning is. Fewer, however, are familiar with the concept of elder planning. In a nutshell, estate planning is concerned with what happens to your assets after you die, while elder planning includes both estate planning and planning for what happens to your assets before you die. […]

How to Determine Where to Open a Probate Estate

Which court you must use to open probate depends on where the decedent lived and where their assets were located. Depending on the circumstances, you might not need to open probate at all. On the other end of the spectrum, you might need to institute probate proceedings in more than one jurisdiction. The larger and […]

How to File For a Conservatorship for an Elderly Parent in New York

A conservatorship is a type of guardianship. Guardianship is an arrangement whereby one person (the guardian) is empowered to make important life decisions on behalf of another person (the ward) who has lost the capacity to make these decisions themselves. The decision-making powers that the guardian can exercise might include the power to manage the […]

Does Guardianship Override Parental Rights?

Although parents generally retain their parental rights even after a guardian is appointed, the rights of a guardian can override the rights of the parents, to the extent ordered by the court that established the guardianship. Nevertheless, a parent may seek revocation of a guardianship. What Is a Guardianship? A guardianship is a legal arrangement […]

Time Limits on Probate Applications: What You Need To Know

The Uniform Rules for New York State Trial Courts, Part 207 imposes no formal probate time limit on executors. Theoretically, you could wait for decades to apply for probate, and some people have. Once you begin the process, however, individual courts do set their own probate time limits for when various documents must be submitted. […]

How to Deal with the Property of a Loved One Who Has Died

The death of a loved one is always a difficult time – a time that few of us will be able to avoid during our lifetimes. The emotional turmoil that accompanies the death of a loved one is further intensified if the death was unexpected. Despite this turmoil, there are a number of steps that […]

How to Plan for Incapacity in Your Will and Trust

New York state trusts and estates law provides several legal vehicles that allow you to state your wishes concerning what should be done in case you someday become incapacitated. The most popular of these vehicles include the revocable living trust, the living will, various types of power of attorney, and the Health Care Proxy. You […]

What Does It Take to Remove a Trustee from a New York Family Trust?

New York state law provides numerous legal grounds for removing a trustee from a trust. These grounds apply to many different types of trusts, including family trusts. The trust document, created by the grantor of the trust, can specify additional grounds for removing the trustee of a family trust. Grounds for Removal of a Trustee […]

Have You Included Your Retirement Plan in Your Christmas Budget?

One of the most important rules of financial management is to pay yourself first. Likewise, while you are shopping for Christmas presents, you should buy a present for yourself first in the form of an investment in your retirement plan. With the old year coming to a close, the Christmas season is the perfect opportunity […]

What Happens after Probate Is Granted?

Once probate is granted, that is when an executor’s primary duties begin. Now it is time for the executor to start gathering assets, paying off any debts, and filing papers with the court to administer the estate and eventually close it out. The entire process begins with the executor requesting probate from the court, which […]

How Do I Know If an Elderly Loved One Needs a Nursing Home?

One of the most challenging questions family members will find themselves asking as their loved one ages is whether or not to place that loved one in a nursing home. Every situation is unique, and there is no one-size-fits-all answer to this question. Instead, you must consider all of the factors and then decide if […]

What To Do if You Inherit Property Out of the State?

Inheriting property out of state will require extra steps before you can take over that property – whether you plan to live in it, rent it, or just sell it. There are ways to help loved ones avoid these issues if you plan to give an inheritance to someone out of your state, and knowing […]

COVID-19: Should I Remove a Loved One from a Nursing Home?

You trust that a nursing home will care for your loved one. After all, that is what you are not only paying them to do, but the entire reason you put them there in the first place. Amid a pandemic, you may wonder if you should remove your loved ones. The news stories about COVID-19 […]

Does New York Have a Minimum Amount Needed for Probate?

New York, like most states, requires a minimum asset value of the estate to require probate. Therefore, if an estate’s value is under that, then the estate goes through a small estate proceeding. That said, even if an estate is below the threshold, that does not mean the Surrogate’s Court is not involved. Likewise, you […]

How Changes to New York’s Medicaid Limit Access to Home Care Services

The latest budget changes in New York have created numerous changes to the state’s Medicaid program, but none are more impactful than those to home care services. The current system will make access to much-needed care limited and require you to jump through more hoops than previous systems to receive such care. If you are […]

What Happens If a Will Is Not Probated?

You only have so much time to probate a will after someone dies, and if you fail to do so, the will becomes invalid. Not only do you lose the chance to probate that will, which includes settling the estate and distributing assets, but if you were the executor of that estate, you open yourself […]

How Do I Start Planning for New York Medicaid Today?

You might not need community-based care, and you may not even be close to retirement, but regardless of where you are in your life, now is the ideal time to start planning for Medicaid. For the past two months, we have gone over the significant changes to Medicaid’s lookback period – specifically involving those who […]

What Are the Top 5 Reasons to Revisit Your Estate Plan?

You have done your due diligence and created an estate plan. So, you are protected for good, right? If that is your way of thinking, you may have critical gaps in protections for yourself and your loved ones. While you do not have to revisit your estate plan monthly (or sometimes even annually), there are […]

Qualification Tips for Those Seeking Medicaid in New York for 2020

Big changes to Medicaid could impact who qualifies for this form of government insurance, especially for those seeking community-based care. Last month we discussed the critical changes, and now this month, we focus on what you can do to qualify for Medicaid in 2020 and beyond. The biggest changes affect those seeking long-term care in […]

Coronavirus and Health Insurance: What Do I Need to Know?

Novel coronavirus not only requires an expensive test to diagnose but could require extensive treatment – depending on how severe the illness is for you or a loved one. One question that might come up as we all recover from the pandemic is how it will impact insurance. Are you covered? Will you have to […]

Exploring the Changes to Medicaid in New York: Part 1 (Changes to Look Back Periods)

New York is barely reopening, and already those looking into Medicaid are going to find that the rules have changed rather significantly. At Andrew M. Lamkin, P.C., we want you to be prepared for these changes, understand how they impact you and your loved ones, and help you understand if you qualify. In this three-part […]

How Can I Avoid Probate?

Probate cost is an expensive, time-consuming legal procedure that closes out your estate – but it is not a necessary step. You can avoid probate by planning ahead, working alongside a trusted probate attorney, and saving your loved ones from having to deal with the delays and costs associated with the probate court. What Is […]

Will Medicare and Medicaid Cover Coronavirus Testing?

COVID-19 testing sites are up and running across the state, but will the test be covered? Yes, Medicare and Medicaid both have expanded their coverage to include coronavirus testing. Because the Department of Health and Human Services designated this test a health necessity, both government insurance plans must pay for the test if the patient […]

What to Know about Coronavirus and People with Disabilities

COVID-19, also known as the novel coronavirus, mainly affects those over the age of 60 or those with a known health condition – including disabilities. Now, not everyone with a disability is affected by this virus, and many individuals with disabilities will recover even after contracting it. However, it is important to know which disabilities […]

Infection Control Lapses in Nursing Homes

The recent COVID-19 pandemic attacking the United States and countries around the world has certainly tested the healthcare system, but it has also highlighted major flaws when it comes to infection control. It all began in Washington at a single nursing home, but that state is not alone. Multiple nursing homes across the country have […]

What Happens to Unpaid Bills in a Probate Matter?

Probate is a court procedure that closes out an estate, and one part of probate is ensuring that all creditors are paid before that estate is closed. The court does not pay these bills. It is the executor of the estate that must secure the funds, pay any debts confirmed, and show proof to the […]

What You Should Know about Respite Care

Respite care is a form of temporary care that gives family members or primary caregivers a break. Respite care might be used when a primary caregiver is out of town, ill, or just needs a day to run errands. Whether you are considering respite care for yourself or a loved one, it is important to […]

Are Assets in a Trust Protected from Medicaid?

Medicaid has strict qualification requirements, which means you need to plan ahead and protect yourself from losing out on this healthcare option. You can protect assets from Medicaid in a trust, but only if you select the right type of trust. What Is a Medicaid Trust and How Does It Protect Your Assets? A Medicaid […]

What You Need to Know to Help You Save on Taxes in 2020

Whether it was part of your New Year’s resolutions, or you just want to avoid paying too much in taxes this year, there are ways to save on your income tax for 2020. Not only is it good practice to implement these ideas right away (so you are not scrambling just before filing next year), […]