COVID-19 Update:

We are still available and able to have teleconference or video conference consultations

October 27, 2020


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), […]

What Happens If You Don’t Designate a Beneficiary?

In addition to creating a will, you must designate beneficiaries to receive any assets that you owned. In the state of New York, the intestacy laws will apply if you do not designate a beneficiary. It is important that you name your beneficiaries, because without anyone named specifically, the state will dictate how your assets […]

What Are the Powers and Duties of a Trustee?

A trustee is a party who has a fiduciary obligation to any property held by the trust. While the trust holds the legal title to all property and assets within it, the trustee is responsible for following the instructions left in the trust documents, including ensuring the best interests of the beneficiaries are considered. The […]

What You Need to Know If You Are Named Executor of a Will or Trustee of an Estate

Whether you have been named the executor of a will or a trustee of an estate, you have just been appointed a major role. This rule comes with strict guidelines and expectations that you must follow as a fiduciary duty. Failing to follow these duties could not only result in you being removed as the […]

What Does Guardianship of an Elderly Parent Mean?

Elderly guardianship occurs when the court appoints one individual to care for an elderly party who can no longer care for themselves. The guardian will then assume duties and responsibilities for that elderly person. The individual appointed does not always have to be a family member, but usually a family member is appointed for this […]

What Is the Difference between Elder Law and Estate Planning?

Most people use the terms “estate planning” and “elder law” interchangeably. If you find yourself curious whether they are the same or not, you are not alone. Estate planning deals mostly with helping plan for disability, death, and taxes. The purpose of estate planning is to make sure loved ones receive their inheritance and are […]

Do Bank Accounts with Beneficiaries Have to Go through Probate?

Probate is a normal process that occurs after someone passes away, and the courts verify that their assets are distributed to the proper parties. Some assets, such as insurance policies and retirement accounts, do not have to go through probate. That is because these assets usually have a designated beneficiary who is named at the […]

What Are the Duties of a Personal Representative of a Will?

A personal representative of your will, also known as the executor, is the party responsible for carrying out your final wishes, evaluating your estate, filing proper documents, and distributing assets to beneficiaries. It is a role that you should not fill with the first person that comes to mind. Instead, you must carefully think about […]

How Do I Prepare for Estate Planning?

Getting ready for estate planning requires you to not only gather the right documents, but also to create a list of what you want, to determine your expectations, and to be ready to answer important questions during the estate planning process. To ensure you are ready at your estate planning appointment with your attorney, ask […]

What Is the Average Cost for Estate Planning?

A common question asked is how much estate planning will cost. Unfortunately, this is not easily answered by any attorney. Numerous factors play into the cost. Not only do attorneys have set rates and hourly fees that vary, but then there are those factors that can increase the complexity of an estate plan and cost […]

Do You Need a Lawyer to Apply for Medicaid?

Most seniors and their loved ones apply for Medicaid themselves rather than use an attorney. While you don’t need an attorney to file your application, doing so provides you and your loved ones with numerous benefits. One of the biggest reasons seniors do not use attorneys is not because they don’t need one, but because […]

Is Probate Necessary If There Is a Trust?

Probate requires that property you own goes through the court before it can be distributed. When you create a trust, you no longer own the property because you transfer ownership into your trust. Therefore, probate is not necessary. If, however, you leave a piece of property out of the trust, your loved ones may have […]

Can You Just Write a Will and Get It Notarized?

Today we are in a do-it-yourself society. You fix your plumbing. You perform your vehicle maintenance. You might even self-diagnose on the web versus visiting a doctor when you’re feeling unwell. While there are some things you could do yourself, legal paperwork is not one of them. You might find yourself tempted to write your […]