The death of a loved one is always a difficult time – a time that few of us will be able to avoid during our lifetimes. The emotional turmoil that accompanies the death of a loved one is further intensified if the death was unexpected. Despite this turmoil, there are a number of steps that you need to take,...
Continue ReadingNew York state law provides numerous legal grounds for removing a trustee from a trust. These grounds apply to many different types of trusts, including family trusts. The trust document, created by the grantor of the trust, can specify additional grounds for removing the trustee of a family trust.If you have any questions, don’t hesitate to contact the the...
Continue ReadingOne of the most important rules of financial management is to pay yourself first. Likewise, while you are shopping for Christmas presents, you should buy a present for yourself first in the form of an investment in your retirement plan. With the old year coming to a close, the Christmas season is the perfect opportunity to start planning for...
Continue ReadingOnce probate is granted, that is when an executor’s primary duties begin. Now it is time for the executor to start gathering assets, paying off any debts, and filing papers with the court to administer the estate and eventually close it out. The entire process begins with the executor requesting probate from the court, which usually requires a filing...
Continue ReadingOne of the most challenging questions family members will find themselves asking as their loved one ages is whether or not to place that loved one in a nursing home. Every situation is unique, and there is no one-size-fits-all answer to this question. Instead, you must consider all of the factors and then decide if nursing home care is...
Continue ReadingInheriting property out of state will require extra steps before you can take over that property – whether you plan to live in it, rent it, or just sell it. There are ways to help loved ones avoid these issues if you plan to give an inheritance to someone out of your state, and knowing your options can help...
Continue ReadingYou trust that a nursing home will care for your loved one. After all, that is what you are not only paying them to do, but the entire reason you put them there in the first place. Amid a pandemic, you may wonder if you should remove your loved ones. The news stories about COVID-19 running amok in nursing...
Continue ReadingThe latest budget changes in New York have created numerous changes to the state’s Medicaid program, but none are more impactful than those to home care services. The current system will make access to much-needed care limited and require you to jump through more hoops than previous systems to receive such care. If you are already receiving home care...
Continue ReadingYou only have so much time to probate a will after someone dies, and if you fail to do so, the will becomes invalid. Not only do you lose the chance to probate that will, which includes settling the estate and distributing assets, but if you were the executor of that estate, you open yourself up to numerous liability...
Continue ReadingYou might not need community-based care, and you may not even be close to retirement, but regardless of where you are in your life, now is the ideal time to start planning for Medicaid. For the past two months, we have gone over the significant changes to Medicaid’s lookback period – specifically involving those who need community-based care. Today,...
Continue ReadingYou have done your due diligence and created an estate plan. So, you are protected for good, right? If that is your way of thinking, you may have critical gaps in protections for yourself and your loved ones. While you do not have to revisit your estate plan monthly (or sometimes even annually), there are reasons to revisit it...
Continue ReadingBig changes to Medicaid could impact who qualifies for this form of government insurance, especially for those seeking community-based care. Last month we discussed the critical changes, and now this month, we focus on what you can do to qualify for Medicaid in 2020 and beyond. The biggest changes affect those seeking long-term care in the community. While you...
Continue ReadingNovel coronavirus not only requires an expensive test to diagnose but could require extensive treatment – depending on how severe the illness is for you or a loved one. One question that might come up as we all recover from the pandemic is how it will impact insurance. Are you covered? Will you have to pay a deductible? How...
Continue ReadingNew York is barely reopening, and already those looking into Medicaid are going to find that the rules have changed rather significantly. At Andrew M. Lamkin, P.C., we want you to be prepared for these changes, understand how they impact you and your loved ones, and help you understand if you qualify. In this three-part series, we will go...
Continue ReadingProbate cost is an expensive, time-consuming legal procedure that closes out your estate – but it is not a necessary step. You can avoid probate by planning ahead, working alongside a trusted probate attorney, and saving your loved ones from having to deal with the delays and costs associated with the probate court. What Is Probate, and Why Do...
Continue ReadingCOVID-19 testing sites are up and running across the state, but will the test be covered? Yes, Medicare and Medicaid both have expanded their coverage to include coronavirus testing. Because the Department of Health and Human Services designated this test a health necessity, both government insurance plans must pay for the test if the patient is suspected of having...
Continue ReadingCOVID-19, also known as the novel coronavirus, mainly affects those over the age of 60 or those with a known health condition – including disabilities. Now, not everyone with a disability is affected by this virus, and many individuals with disabilities will recover even after contracting it. However, it is important to know which disabilities put family members at...
Continue ReadingThe recent COVID-19 pandemic attacking the United States and countries around the world has certainly tested the healthcare system, but it has also highlighted major flaws when it comes to infection control. It all began in Washington at a single nursing home, but that state is not alone. Multiple nursing homes across the country have had outbreaks that show...
Continue ReadingRespite care is a form of temporary care that gives family members or primary caregivers a break. Respite care might be used when a primary caregiver is out of town, ill, or just needs a day to run errands. Whether you are considering respite care for yourself or a loved one, it is important to understand the type of...
Continue ReadingMedicaid has strict qualification requirements, which means you need to plan ahead and protect yourself from losing out on this healthcare option. You can protect assets from Medicaid in a trust, but only if you select the right type of trust. What Is a Medicaid Trust and How Does It Protect Your Assets? A Medicaid trust is an irrevocable...
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