| Read Time: 4 minutes | Medicare

Understanding The Importance Of Medicare Options

If you want to afford doctor’s visits and hospital care as you get older, you should know about enrolling in a Medicare health plan. While the tax penalties for failing to have health insurance ended in 2019, it’s still important to have coverage to protect your savings, home, and other assets. One study found that a person who did...

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| Read Time: 4 minutes | Estate Planning

How Can I Use Estate Planning To Prepare For Medicaid?

The Medicaid program can help you pay for nursing home care or home healthcare as you grow older. Most people pay for care out of savings, then apply for Medicaid once their assets are ā€œspent down.ā€ Of the 294 surveyed Medicaid applicants approved in 2012, 14% had over $100,000 in total resources. Therefore, estate planning and Medicaid go hand...

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| Read Time: 6 minutes | Medicaid

Who Will Be Responsible For A Medical Debt After Death?

Before a loved one passes, they may spend some time in the hospital. Hospital bills and treatment expenses can add up quickly, especially with a progressive illness like cancer that requires expensive care. Debt collectors may start calling you at all hours, even while experiencing bereavement. Rest assured that the law is in your favor. In most cases, spouses...

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| Read Time: 4 minutes | Estate Planning

Is a Healthcare Proxy in an Estate Plan Important?

If you’re starting to worry about what will happen to you and your family as you age, it’s time to consider choosing a healthcare proxy. A healthcare proxy is an important part of any estate plan. A well-planned estate eases the burden on your family. It explains your wishes for after your death as well as for your medical...

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| Read Time: 5 minutes | Elder Law

Medicaid Countable and Exempt Assets: What You Can Keep and What Counts Against You

Updated October 2025 It’s a common misconception that anyone with assets isn’t eligible for Medicaid. In reality, 14% of all nursing home Medicaid applicants in 2012 had assets totaling over $100,000. New York requires those over 65 to report their income and assets (or ā€œresourcesā€) when applying for Medicaid. However, only some resources count toward the limit, and it...

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| Read Time: 4 minutes | Estate Planning

Get to Know the Six Estate Planning Mistakes When You’re Remarrying with Children

Estate planning protects your property and assets if you become incapacitated or die. It guides your family about your wishes for health care and finances when you can’t make those decisions anymore. If you don’t have a written estate plan, the state may make these decisions for you. When you’re remarrying, it’s time to update your estate plan to...

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| Read Time: 4 minutes | Medicaid

Medicaid: How Can I Get a Housing Allowance After Being Discharged from a Nursing Home?

Receiving healthcare through a Medicaid-funded program can make a huge difference in your well-being, but qualifying for assistance can leave you with questions about how to pay for your other needs. Housing is one of those needs. As New Yorkers know, figuring out how to pay for housing in this great state can be a constant concern, especially on...

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| Read Time: 4 minutes | Elder Law

What to Do with the House When the Elderly Enter a Nursing Home

If you or a family member needs skilled nursing care, you have plenty of issues to tackle regarding medical care, costs, and protecting assets. What to do with the house when the elderly enter a nursing home is often a primary concern. When you are facing the issue of an elderly person moving into a nursing home you must...

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| Read Time: 4 minutes | Medicaid

Understanding the Major Change of Medicaid Eligibility and Lookback in NY State

Last month, New York finally adopted regulations implementing budget cuts from the state’s 2020 budget. Several of these regulations imposed a major change in Medicaid eligibility. These regulations also introduced a ā€œlookbackā€ period into New York’s state’s Medicaid program. While many agree that reforms to New York state’s regulations were necessary, the reception to the new rules is mixed....

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| Read Time: 4 minutes | Estate Planning

Estate Planning: The Documents Your Children Should Sign Before Heading To College

Sending your son or daughter off to college is an exciting milestone for both you and your child. There is so much to prepare during this time, from housing arrangements to class schedules to moving day. If estate planning for your child is not on the to do list, it should be. With certain estate planning documents in place,...

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| Read Time: 4 minutes | Probate

Four Problems When You Make Your Will Outside A Lawyer’s Office

It is tempting to try to create a will on your own, outside of a lawyer’s office. Bookstores, online services, libraries, and even friends may present templates for you to create your will. Your goal may be to save money and time and create the will yourself. However, when you make your will without an attorney, you are taking...

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| Read Time: 4 minutes | Estate Planning

Estate Planning: How Can I Transfer My Business Through My Estate Plan?

Without a doubt, if you own a business you have thought of when and how you might transfer the interest in your business. When anyone addresses estate planning issues, they have to make some decisions. But business owners have special considerations when it comes to their estate plans. If you are in this situation, you are likely wondering: Is...

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| Read Time: 4 minutes | Elder Law

6 Ways To Lower Retirement Savings Tax Issues

In an effort to move into retirement with as many issues settled as possible, it is necessary to address decreasing retirement savings tax issues. Taking steps in this regard will aid in having a more pleasurable and lucrative retirement. Here are 6 ways to lower your retirement savings tax issues. Tip 1: Have a Retirement Date Goal For retirement...

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| Read Time: 4 minutes | Estate Planning

Here’s Why Single People Need Estate Planning Too

A common misconception is that estate planning is only for the wealthy, the elderly, and married couples with kids. In fact, estate planning is for everyone—even single people. Arguably, estate planning for a single person is more important because there is no spouse, the most natural inheritor of an estate. It is imperative that a single person specify who...

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| Read Time: 4 minutes | Elder Law

How To Become an Administrator of an Estate In New York

If you want to become an administrator of an estate in New York, you will need to comply with certain rules and procedures. Although these rules can be confusing, New York probate attorney Andrew Lamkin can help you navigate the maze. It is important to understand the distinction between ā€œexecutorā€ and ā€œadministratorā€ in New York, however, because not all...

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| Read Time: 4 minutes | Estate Planning

A Family Affair: Estate Planning Is Important and You Need to Tell Your Kids

It is virtually impossible to overestimate the importance of estate planning, because estate planning is a family affair. The execution of your estate plan might begin while you are still living. You might become incapacitated (unable to make decisions or to communicate them) years before you die, for example. In any case, executing your estate plan is going to...

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| Read Time: 4 minutes | Probate

How Does COVID-19 Delay the Probate Process?

Since March 2020, probate courts across the United States have slowed down or even suspended probate cases out of concern for public health and safety. New York is no exception to this widespread trend. Even when courts resume their previous pace, however, a large backlog of cases will take quite some time to resolve. Fortunately, the Law Office of...

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| Read Time: 4 minutes | Elder Law

Tips and Strategies in Protecting Your Family Home For Future Generations

There are many reasons you might wish to keep your home in the family after you die—like an heirloom, for example, or to provide a fallback residence for your children in case of financial difficulties. Regardless of your reasons, there are a number of ways to protect your family’s home after you die. Although each method has its pros...

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| Read Time: 5 minutes | Elder Law

Retirement Checklist: Items You Must Not Forget

The ongoing retirement of the Baby Boomers is marking one of the greatest demographic transitions in US history. If you are looking toward retirement a few years down the road, or even longer than that, there are certain preparations you need to start making now. Some of these are obvious, while others are less so. Below is a general...

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| Read Time: 4 minutes | Probate

What Happens to Digital Assets After Death?

The digital revolution, by moving information from paper to digital form, has saved countless forests from destruction. It has also created quite a bit of wealth in the form of digital assets. Most people own some form of digital assets, even if their value is relatively difficult to quantify. Some common examples of digital assets include: Digital photographs, Videos,...

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