Usually, to receive benefits after someone dies, the recipient has to survive the deceased person (decedent). But multiple people can die at the same time or, at least, near in time. When a decedent and beneficiary die close in time, a common disaster clause determines the order in which other beneficiaries should receive estate property or insurance proceeds. Law...
Continue ReadingA divorce changes your property, family relationships, and plans for the future. To learn more about how to update a will after a divorce in New York, you can meet with an estate-planning attorney who will review your existing will and divorce documents and help you choose what specific changes to make to align your plans with your post-divorce...
Continue ReadingA loved one dies, and then the bills start arriving. A credit-card statement is followed by a medical bill, a mortgage payment, or a notice from a collection agency. You may wonder: Do I have to pay these debts myself? What happens to someone’s debt when they die? In New York, a family member generally does not become personally...
Continue ReadingWhen your spouse needs nursing home care, you may worry that Medicaid will require you to spend the savings you need to remain financially secure. You may have heard that Medicaid considers a married couple’s finances when determining eligibility and wonder whether your spouse’s income or savings could prevent you from getting the care you need. However, New York...
Continue ReadingIf you have a family on Long Island, you already know that planning ahead makes life easier, whether it’s planning for retirement, for a loved one’s care, or for the future of your assets. Now we’re the ones planning ahead, because our office is moving. As of September 1, 2026, our new address is: 115 Broadhollow Rd, Suite 350...
Continue ReadingYou may have worked with an attorney, signed a will, and clearly stated that your children should receive your estate equally. But what happens if your retirement account still names one child as the beneficiary? Or what if your life insurance policy names a former spouse to receive insurance proceeds? Does a beneficiary designation override a will? In many...
Continue ReadingNo one wants a medical crisis to become a family crisis, too. But if you suddenly cannot speak for yourself, someone may need to decide what treatment you receive, what treatment you refuse, and how your wishes should guide your care. In New York, you can plan for that possibility by using a health care proxy and a living...
Continue ReadingMany people receive Medicaid benefits based on how much they make and who is in their household. So, a Medicaid recipient’s marriage status is a big deal. If you’re newly married, congratulations! But while you’re embarking on the next stage in life with your new spouse, don’t forget to let the government know. The government doesn’t need a wedding...
Continue ReadingLife Estate vs Trust Updated October 2025 A life estate lets someone use property for life, with ownership passing to a beneficiary after death. A trust, managed by a trustee, controls assets for beneficiaries and offers more flexibility, tax benefits, and avoids probate. Preserving our assets for future generations can be a difficult task. There is a large array...
Continue ReadingWhen you, a parent, a spouse, or another loved one needs long-term care, the cost can put enormous pressure on you and your family. Fortunately, Medicaid may help pay for long-term care, but qualifying for benefits can involve complicated financial rules. One of the most important is the Medicaid look-back rule. Families often ask what is the look-back period...
Continue ReadingWhen planning for the future, writing a will might be the most important step to protect your assets and ensure your loved ones are financially protected. Many people ask, Do you need a lawyer to make a will? While you are not legally required to hire an attorney to draft your will, having an attorney is often crucial in...
Continue ReadingProbate court is a legal process that follows a person’s death. It goes through various stages to help settle the estate, handle any outstanding debts, and distribute assets to named beneficiaries. Probate records are public records. These include everything from a will to estate inventories, letters of administration, and any document related to the estate’s administration and settlement. These...
Continue ReadingAssets that can disqualify you from Medicaid include significant savings, investment accounts, additional properties besides your primary residence, expensive vehicles, and certain valuable personal property. Medicaid typically requires applicants to have limited financial resources, so substantial liquid assets or multiple real estate holdings may render you ineligible. Understanding which assets are countable and exempt can help you better plan...
Continue ReadingMost 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 they are afraid of...
Continue ReadingProbate 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 court that the debts...
Continue ReadingAfter a death, paperwork arrives faster than answers. Families often pause over one question that carries real consequences: Do all estates have to go through probate in New York? The answer depends on how property changes hands at death, not simply on whether a will exists. Probate comes into play only when assets lack a clear path forward. Meaning,...
Continue ReadingAfter someone dies, their loved ones transfer their property to new owners through the probate process. Unfortunately, that process can take some time, leaving many wondering, How long does probate take? The length of time probate takes in New York depends on the organization of the estate and any issues that may arise during the process. Many estates wrap...
Continue ReadingWhen someone dies with a will, their family typically must go through the probate process to inherit the assets left behind. Probate can be difficult enough when everything is in order. But what happens when a loved one disagrees about whether the will is legally valid? What if there are concerns about whether it is truly an expression of...
Continue ReadingPaying for long-term care can quickly impact your net worth, especially when yearly nursing home costs can reach into six figures. Many people assume they must spend their life savings before qualifying for financial assistance. Yet careful planning using several strategies can reduce, or even eliminate, out-of-pocket costs for nursing home care through Medicaid. Understanding how to pay for...
Continue ReadingPaying for long-term medical care can quickly deplete years’ worth of savings. Nursing home costs can even put a home at risk, depending on whether you continue to live in it, someone else lives there, or you intend to return. Naturally, many people want to protect assets from nursing home costs in New York while still qualifying for financial...
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