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...
Continue ReadingEstate 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...
Continue ReadingEveryone 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,...
Continue ReadingAs 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...
Continue ReadingA 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....
Continue ReadingIf 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...
Continue ReadingLast 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...
Continue ReadingA 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....
Continue ReadingThe 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...
Continue ReadingYour 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...
Continue ReadingIn 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...
Continue ReadingThere 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...
Continue ReadingWhen 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...
Continue ReadingMany 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...
Continue ReadingWhen 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...
Continue ReadingNew 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...
Continue ReadingPlanning 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...
Continue ReadingElder 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...
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 ReadingAt 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,...
Continue Reading