| 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 | Wills

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: 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

Understanding Medicaid Lookback Rules for Community-Based Long-Term Care in New York

The anticipated 30-month Medicaid lookback period for New York community-based long-term care (CBLTC) services is now delayed until at least 2025. This postponement provides additional time for individuals to prepare for future changes. Presently, there is no lookback or transfer penalty for Medicaid applications covering managed long-term care (MLTC), home care services, or the Assisted Living Program (ALP). The...

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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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| Read Time: 4 minutes | Estate Planning

Who May Serve As Administrator of a Decedent’s Estate?

When a loved one dies intestate (without a will), the procedures surrounding the distribution of their estate can be opaque and confusing. In New York, intestate succession laws govern how the estate must be distributed, and the Surrogate Court’s procedural laws dictate who may serve as administrator of a decedent’s estate. These laws are relatively rigid and can leave...

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| Read Time: 4 minutes | Breach of Fiduciary Duty

Can I File Suit If Someone Breaches a Fiduciary Duty?

New York Law imposes a heightened standard of care on people who occupy specific positions of trust and responsibility. These legal requirements are known as fiduciary duties. Fiduciary duties are legally enforceable and help hold professionals to a high standard. Due to the harm violating a professional relationship can cause, victims can file suit if someone breaches a fiduciary...

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| Read Time: 4 minutes | Medicare

What Should Be Included in an Advance Directive?

Planning for the worst is challenging. Most of us would rather put off having conversations about what to do if we are incapacitated or how we wish to be cared for at the end of our lives. Preparing for these scenarios is so difficult one study estimates only one in three Americans ever completes an advance directive. But formulating...

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| Read Time: 4 minutes | Elder Law

What Questions Should I Ask My Elder Law Attorney?

Elder law lawyers provide a range of valuable services that older individuals tend to need. Scheduling a meeting with an attorney can be the first step towards setting yourself and your family up for a successful future. When arranging an appointment, you may wonder, What questions should I ask an elder law attorney? Preparing the right questions can help...

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| Read Time: 5 minutes | Estate Planning

Life Estate vs. Irrevocable Trust: What Is the Difference?

Life Estate vs Trust 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 of estate planning...

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| Read Time: 5 minutes | Breach of Fiduciary Duty

Who Can Be Held Liable for Breach of Fiduciary Duty?

At the Law Office of Andrew M. Lamkin, P.C., we understand how damaging a breach of trust can be. In the contexts of estate planning, estate administration, and residential real estate, professional relationships are often built on a foundation of trust and accountability. Thankfully, the law imposes specific standards on many professionals who work in these industries. These standards,...

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| Read Time: 4 minutes | Probate

How to Sell a House During Probate

We understand how difficult it is to lose a loved one. In addition, the legal process of sorting out your loved one’s estate can seem overwhelming when you are grieving. However, it may be comforting to know that a probate lawyer can help you navigate the oftentimes complex probate procedures in New York.  At the Law Office of Andrew...

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| Read Time: 4 minutes | Elder Law

What Is a Breach of Fiduciary Duty?

Have you recently been appointed the executor, trustee, or administrator of an estate? If so, you may have been presented with the term “fiduciary duty.” And you may wonder, What is a breach of fiduciary duty? It is understandable that this term is unfamiliar to you if you have never been appointed to manage an estate before. Therefore, we...

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