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January 20, 2022

Who Will Be Responsible For A Medical Debt After Death?

Before a loved one passes, they may spend some time in the hospital. Hospital bills and treatment expenses can add up quickly, especially with a progressive illness like cancer that requires expensive care. Debt collectors may start calling you at all hours, even while experiencing bereavement. Rest assured that the law is in your favor. […]

Is a Healthcare Proxy in an Estate Plan Important?

If you’re starting to worry about what will happen to you and your family as you age, it’s time to consider choosing a healthcare proxy. A healthcare proxy is an important part of any estate plan. A well-planned estate eases the burden on your family. It explains your wishes for after your death as well […]

What Are the Countable and Non-Countable Assets for Medicaid?

It’s a common misconception that anyone with assets isn’t eligible for Medicaid. In reality, 14% of all nursing home Medicaid applicants in 2012 had assets totaling over $100,000. New York requires those over 65 to report their income and assets (or “resources”) when applying for Medicaid. However, only some resources count toward the limit, and […]

Get to Know the Six Estate Planning Mistakes When You’re Remarrying with Children

Estate planning protects your property and assets if you become incapacitated or die. It guides your family about your wishes for health care and finances when you can’t make those decisions anymore. If you don’t have a written estate plan, the state may make these decisions for you. When you’re remarrying, it’s time to update […]

Medicaid: How Can I Get a Housing Allowance After Being Discharged from a Nursing Home?

Receiving healthcare through a Medicaid-funded program can make a huge difference in your well-being, but qualifying for assistance can leave you with questions about how to pay for your other needs. Housing is one of those needs. As New Yorkers know, figuring out how to pay for housing in this great state can be a […]

What to Do with the House When the Elderly Enter a Nursing Home

If you or a family member needs skilled nursing care, you have plenty of issues to tackle regarding medical care, costs, and protecting assets. What to do with the house when the elderly enter a nursing home is often a primary concern. When you are facing the issue of an elderly person moving into a […]

Understanding the Major Change of Medicaid Eligibility and Lookback in NY State

Last month, New York finally adopted regulations implementing budget cuts from the state’s 2020 budget. Several of these regulations imposed a major change in Medicaid eligibility. These regulations also introduced a “lookback” period into New York’s state’s Medicaid program. While many agree that reforms to New York state’s regulations were necessary, the reception to the […]

Estate Planning: The Documents Your Children Should Sign Before Heading To College

Sending your son or daughter off to college is an exciting milestone for both you and your child. There is so much to prepare during this time, from housing arrangements to class schedules to moving day. If estate planning for your child is not on the to do list, it should be. With certain estate […]

Four Problems When You Make Your Will Outside A Lawyer’s Office

It is tempting to try to create a will on your own, outside of a lawyer’s office. Bookstores, online services, libraries, and even friends may present templates for you to create your will. Your goal may be to save money and time and create the will yourself. However, when you make your will without an […]

Estate Planning: How Can I Transfer My Business Through My Estate Plan?

Without a doubt, if you own a business you have thought of when and how you might transfer the interest in your business. When anyone addresses estate planning issues, they have to make some decisions. But business owners have special considerations when it comes to their estate plans. If you are in this situation, you […]

6 Ways To Lower Retirement Savings Tax Issues

In an effort to move into retirement with as many issues settled as possible, it is necessary to address decreasing retirement savings tax issues. Taking steps in this regard will aid in having a more pleasurable and lucrative retirement. Here are 6 ways to lower your retirement savings tax issues. Tip 1: Have a Retirement […]

Here’s Why Single People Need Estate Planning Too

A common misconception is that estate planning is only for the wealthy, the elderly, and married couples with kids. In fact, estate planning is for everyone—even single people. Arguably, estate planning for a single person is more important because there is no spouse, the most natural inheritor of an estate. It is imperative that a […]

How To Become an Administrator of an Estate In New York

If you want to become an administrator of an estate in New York, you will need to comply with certain rules and procedures. Although these rules can be confusing, New York probate attorney Andrew Lamkin can help you navigate the maze. It is important to understand the distinction between “executor” and “administrator” in New York, […]

A Family Affair: Estate Planning Is Important and You Need to Tell Your Kids

It is virtually impossible to overestimate the importance of estate planning, because estate planning is a family affair. The execution of your estate plan might begin while you are still living. You might become incapacitated (unable to make decisions or to communicate them) years before you die, for example. In any case, executing your estate […]

How Does COVID-19 Delay the Probate Process?

Since March 2020, probate courts across the United States have slowed down or even suspended probate cases out of concern for public health and safety. New York is no exception to this widespread trend. Even when courts resume their previous pace, however, a large backlog of cases will take quite some time to resolve. Fortunately, […]

Tips and Strategies in Protecting Your Family Home For Future Generations

There are many reasons you might wish to keep your home in the family after you die—like an heirloom, for example, or to provide a fallback residence for your children in case of financial difficulties. Regardless of your reasons, there are a number of ways to protect your family’s home after you die. Although each […]

Retirement Checklist: Items You Must Not Forget

The ongoing retirement of the Baby Boomers is marking one of the greatest demographic transitions in US history. If you are looking toward retirement a few years down the road, or even longer than that, there are certain preparations you need to start making now. Some of these are obvious, while others are less so. […]

What Happens to Digital Assets After Death?

The digital revolution, by moving information from paper to digital form, has saved countless forests from destruction. It has also created quite a bit of wealth in the form of digital assets. Most people own some form of digital assets, even if their value is relatively difficult to quantify. Some common examples of digital assets […]

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 […]