In New York, a handwritten will, also known as a holographic will, is generally not considered valid unless it meets specific criteria. According to New York law, a will must be in writing, signed by the testator (the person making the will), and witnessed by at least two credible witnesses who are not beneficiaries. However, holographic wills are only...
Continue ReadingThe probate process begins when a person dies, and the family delivers the person’s will to the probate court. The probate court appoints a personal representative who manages the estate. That person is legally responsible to the family and other interested parties for how they handle the estate. Once the personal representative distributes the estate assets, the probate process...
Continue ReadingEstate planning encompasses a wide range of things you can do to prepare for retirement, disability, or death. With a comprehensive estate plan, you can grow older knowing that your family will be cared for after your death. Memorializing your plan means your family can receive what you wish them to inherit without fighting through probate. You can know...
Continue ReadingEstate planning is the process of determining how you will provide for your loved ones after your death. When you sit down with your estate planning lawyer, they will ask about your assets and thoughts on how you want to distribute them. They will also help you plan for when you are incapacitated and unable to explain your wishes....
Continue ReadingOne aspect of growing older and moving through retirement is determining how you will pay for healthcare. While you are working, you likely have health insurance from your employer. Once you reach 65 and retire, you may apply for Medicare and Medicaid. These government-run programs can help you afford healthcare as you age. The services covered by these two...
Continue ReadingCreating an estate plan often involves a certain amount of looking into the future. Estate planners often wish they could give their clients a crystal ball to help them predict their family’s future emotional and financial situations when they pass away. After all, your lawyer could help you create a will or trust today, and you could live for...
Continue ReadingWith aging can come new and overwhelming challenges regarding health, finances, and support. Unfortunately, the discriminatory behaviors of others compound the challenges of aging for many elders within the LGBTQ+ community. Discrimination in the provision of government programs and services for the public is unlawful. We all deserve to be treated with respect and dignity, and several state and...
Continue ReadingMany New York seniors rely on Medicaid to fund their long-term care. Medicaid will cover nursing home care for those 65 and older who meet the financial eligibility criteria. It also pays for assisted living facilities, home health, and non-medical services that allow seniors to remain in their homes. These Medicaid services are available only to those residents with...
Continue ReadingNo one likes to think about their eventual death, but planning ahead can smooth the way for your family. Most people seek to limit the burden and expense imposed on their loved ones after they die. While a will and trust often provide the best way to achieve this goal, you can pass some assets more easily with transfer...
Continue ReadingLong-term healthcare can be a costly necessity that takes you by surprise. In fact, 60% of people will require help with basic living needs at some point during their life. Whether it’s the result of a severe accident, sudden illness, or the effects of aging, long-term care is something to anticipate when estate planning. In this blog, we discuss...
Continue ReadingEstate planning involves finding unique ways to protect your assets and provide for your loved ones. One way to do that is by using a trust. In this blog, we define what a trust is, explain the different types available, and discuss how you may benefit from including a trust in your estate plan. What Is a Trust? A...
Continue ReadingAs parents and other loved ones age, they may require assistance with the activities of daily living, finances, and medical care. But that does not mean they want to completely give up their independence. Nor should they. So children and other caregivers must tread lightly in offering and providing assistance. The Golden Rule provides a useful guide when it...
Continue ReadingIf someone you love or know recently passed away, you may have questions about handling their estate. The process of settling a deceased person’s affairs is called estate administration, and each state has its own set of rules and procedures. In this blog, we help you gain a better understanding of what it means to administer an estate. At...
Continue ReadingEstate planning is all about anticipating the unexpected. Life insurance is all about protecting those you love when the unexpected occurs. Including a life insurance policy in your estate plan can provide financial support for your family and reduce tax burdens. If you need help with a life insurance plan or with estate planning, don’t hesitate to contact the...
Continue ReadingMedicaid is the single largest source of health coverage in the United States. About 80 million Americans are currently enrolled in Medicaid. If you are considering applying for Medicaid, you may be wondering, Can I pass the income assessment of a New York Medicaid? In this blog, we discuss the requirements for the income assessment for Medicaid in New...
Continue ReadingOf all the awkward conversations to have with your parents, discussing their death might top them all. However, talking about estate planning with parents and retirees is important and necessary. In this blog, we discuss the importance of an estate plan and share tips on having this important conversation with your mom and dad. If you need someone to...
Continue ReadingFor most people, probate is an unfamiliar process that they are suddenly faced with after losing a loved one. In the midst of grieving, you’re trying to navigate a legal proceeding that involves paperwork and deadlines. That’s where a probate lawyer comes in. At the Law Office of Andrew M. Lamkin, P.C., we help families in New York through probate...
Continue ReadingCaring for an aging parent can be emotional and bring up old, unresolved issues between family members. It is not uncommon for families to disagree on what their mom, dad, or grandparent needs. Everyone has a different opinion and solution. Not only can these disagreements damage family relationships, but they may be detrimental to the elderly person’s care. With...
Continue ReadingYou spend your whole life building wealth and gaining financial stability so you can breathe easier as you near retirement. Without protecting your assets, you might be left holding your breath instead. Asset protection planning uses financial and legal strategies to safeguard your assets from creditors, lawsuits, seizure, and taxation. When you create a solid asset protection plan, you...
Continue ReadingAs of September 2021, 3,703,618 New Yorkers were enrolled in Medicare, and 7,213,006 had Medicaid. While you’ve probably heard of both Medicare and Medicaid, they are two different programs that help you pay for healthcare. Each program provides different benefits and has different costs. Your attorney can help explain the advantages and disadvantages of each program based on your...
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