| Read Time: 3 minutes | Probate

Transfer on Death Deed New York

When someone passes away, transferring ownership of their property can be a daunting task. Understanding the transfer on death deed process and how an experienced attorney can assist you through each step is crucial.  If you need guidance on transferring a deed in New York after a loved one’s death, the Law Office of Andrew M. Lamkin, P.C. is...

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| Read Time: 3 minutes | Medicaid

Pooled Trusts for Medicaid in New York

Understanding Medicaid and how to protect your assets can be challenging, especially when considering the different options available. One such option in New York is the pooled trust for Medicaid, which can help individuals retain their eligibility for Medicaid while preserving their assets. This informational piece will guide you through the basics of Medicaid pooled trusts in New York,...

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| Read Time: 3 minutes | Estate Planning

Long Island Estate Planning: Decoding New York Estate Law

Welcome to the Law Office of Andrew M. Lamkin, P.C., where we specialize in helping Long Island residents navigate the intricate world of estate planning. You’re in the right place if you’re curious about how New York estate law impacts your estate planning decisions. In this comprehensive guide, we’ll delve into the importance of estate planning, key concepts of...

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| Read Time: 3 minutes | Estate Planning

Navigating Trusts and Estates Law

Planning for the end of your life can be intimidating even before you factor in trusts and estates law. Before you dive into discussions about Totten trusts or spendthrift clauses, you need to know the basics. What is trusts and estates law? Wills and trusts are at the core of estate planning, where you make provisions for your care...

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| Read Time: 2 minutes | Advanced Directives

Advanced Directive vs Living Will

Estate planning law is filled to the brim with legal jargon, including the terms “advance directive” (sometimes called “advanced” directives) and “living will.” Though these terms are often used interchangeably, advanced directive vs. a living will is a question of a category and a subcategory—a living will is a type of advance directive. Your advance directive or living will...

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| Read Time: 3 minutes | Estate Planning

Long Island Estate Planning Mastery

Everyone knows they should plan for what happens to their property when they die. Yet, only some know how or even the options, resulting in many people failing to create comprehensive estate plans. Mastering effective and efficient estate planning is a skill that takes years to develop, but this guide, which you can use as an estate planning checklist,...

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| Read Time: 3 minutes | Power of Attorney

Conservatorship vs. Power of Attorney

As we age, our ability to make decisions for ourselves can diminish despite our best efforts. It can be scary for the individual experiencing it and their loved ones. Sometimes, the only choice is to have someone else care for the person through a power of attorney or conservatorship. The difference between a power of attorney and a conservatorship...

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| Read Time: 3 minutes | Probate

Why Would You Need a Probate Attorney in 2024?

With all the online resources in the modern age you might wonder, Why would you need a probate attorney? Probate lawyers provide many valuable services, including knowledge of the probate system and how to navigate it. Going through probate without a lawyer is challenging on the best days, and few are at their best after losing a loved one....

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| Read Time: 4 minutes | Estate Planning

Can a Life Estate Deed Be Contested?

A life estate deed in New York is an estate planning tool that allows the current owner, the grantor, to designate a beneficiary, known as a grantee, who will inherit the property when the grantor dies. Upon the grantor’s death, the property transfers to the grantee named in the life estate deed and doesn’t have to go through probate....

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| Read Time: 3 minutes | Category Name

Can a Sibling Contest a Will?

If your parents died with a will, you may think it should be easy to close their estate. However, beneficiaries of a will can contest it and complicate the process. If your sibling is contesting your parents’ will, The Law Office of Andrew M. Lamkin, P.C. is the experienced Long Island estate planning lawyer who can guide you through...

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| Read Time: 3 minutes | Probate

How Long Does Probate Take in NY?

Undertaking the management of a loved one’s estate can feel like an excessive burden on top of processing your grief. If you have lost a loved one, it is natural to wonder, How long does probate take in NY? There is no universal answer—New York probate can take anywhere from a few months to a few years. Many factors...

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| Read Time: 4 minutes | Elder Law

When Should I Hire an Elder Law Attorney?

It may never seem like the right time to plan for the end of your life. But having a plan can give you valuable peace of mind. If you wait, you may have to scramble while dealing with medical issues that make it difficult or impossible to plan appropriately. Or you may leave your loved ones sorting through your...

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| Read Time: 4 minutes | Wills

New York Last Will and Testament: Attorney’s Guide

Last will and testaments hold significant importance in New York. They serve as crucial legal documents that outline individuals’s final wishes and instructions regarding the distribution of assets and the care of dependents upon death. Without a valid will, the state’s intestacy laws may dictate asset distribution, which may not align with the deceased’s desires. A will enables individuals...

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| Read Time: 4 minutes | Elder Law

Healthcare Proxy vs. Power of Attorney

A healthcare proxy and a power of attorney (POA) are two legal documents that grant individuals the authority to make crucial decisions on behalf of someone else. While they share some similarities, they serve distinct purposes within personal and medical decision-making. It’s essential to recognize the differences between a healthcare proxy vs. power of attorney and use them appropriately....

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| Read Time: 5 minutes | Medicaid

The Upcoming 30-Month Medicaid Lookback for Community-Based Long-Term Care

Starting March 31, 2024, New York State will join California in imposing a 30-month Medicaid lookback for community-based long-term care (CBLTC) services. When you apply for Medicaid to cover these services, the state will review your financial records for the past 30 months to see if you qualify. This significant change will impact many New Yorkers, so it’s important...

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| Read Time: 4 minutes | Advanced Directives

What Is an Advanced Directive?

Your right to decide what happens to your body in a health crisis is paramount. Sometimes, a health crisis can incapacitate you and render you unable to tell healthcare providers what treatments you want them to administer. This is why advanced directives exist. What is an advanced directive? It is a legal document that obligates a healthcare provider to...

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| Read Time: 4 minutes | Wills

What Is a Living Will?

In New York, advance care directives, including living wills and health care proxies, are legal documents that allow competent adults to specify their preferences and wishes regarding medical treatments or appoint someone to make healthcare decisions on their behalf if they cannot communicate their wishes.  Although New York recognizes living wills, no statutory framework governs the validity of these...

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| Read Time: 5 minutes | Wills

What Happens If You Don’t Have a Will?

There is a lot of misinformation about what happens if you don’t have a will when you die. Contrary to popular belief, your property rarely passes to the state if you die without a will. Instead, it is distributed to your legal heirs according to the state’s intestacy laws. Heirs include relatives by blood or by marriage. Although intestacy...

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| Read Time: 4 minutes | Wills

What Is the Difference Between an Executor and an Administrator in New York?

When a person dies, their assets must be distributed. The distribution process varies based on whether the person had a valid will and the size of their estate. If the person who died, legally known as the decedent, had a will, an executor is responsible for administering the estate. If the decedent died without a will or their estate...

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| Read Time: 4 minutes | Breach of Fiduciary Duty

Proving a Breach of Fiduciary Duty Claim

Many fiduciaries have a significant amount of power and control over their clients’ financial lives. When a fiduciary breaches their duties, it can have severe economic and personal consequences for the victims. If you are the victim of a breach of fiduciary duties, you probably want to hold the perpetrator accountable and recover compensation for the damage they have...

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