| 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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