| Read Time: 4 minutes | Medicaid

How Does Nursing Home Medicaid Work?

Medicaid is a government-funded program that takes many forms. Many New York residents are surprised to find out how many options they have for Medicaid coverage, including Nursing Home Medicaid. Nursing Home Medicaid is one of the more comprehensive Medicaid programs, and it comes equipped with all Medicaid services from Community Medicaid and Community Medicaid with Long-Term Care. Also,...

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| Read Time: 4 minutes | Medicaid

What Is Community Medicaid and Who Qualifies for It?

New York offers various homecare and nursing home care solutions for aging residents. To determine which type of services you qualify for, you need to assess your budget. Depending on your income, age group, and disability status, you may be eligible for individual types of Medicaid coverage offered by the state. Community Medicaid is one of those options. You...

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| Read Time: 4 minutes | Estate Planning

Legal Issues to Consider When Caring for a Parent with Dementia

You have a parent suffering from dementia, and now you are left wondering what you can do to protect their health, happiness, and their finances. A person who has dementia relies heavily on their adult children, and they need someone who can make the critical financial and healthcare decisions on their behalf that are in their best interest. While...

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| Read Time: 4 minutes | Probate

Do Retirement Accounts Pass through Probate?

After a loved one dies, you may find yourself wondering how all the deceased’s assets are handled, and whether all assets go through probate. You are already dealing with the emotional trauma of losing a loved one, but now you are also absorbing the financial shock of your loss. You may wonder if your loved one’s retirement accounts will...

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| Read Time: 4 minutes | Estate Planning

Retirement Account Rules to Know for Estate Plans

Retirement accounts are there to provide you with income and financial freedom. While the money is yours, what you can and cannot do with that money is regulated by state and federal tax laws. It is imperative for anyone new to retirement accounts, and those with active accounts, to understand these laws. Failure to comply could result in penalties...

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| Read Time: 4 minutes | Elder Law

How to Help Your Widowed Elderly Parent with Legal and Financial Issues

After losing one parent, you may see that your surviving parent is struggling with the legal and financial tasks that come afterward. After all, they are grieving and the last thing they should have to deal with is the paperwork, phone calls, and endless to-do items. As an adult child, there are things you can do to help your...

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| Read Time: 3 minutes | Elder Law

A Quick Primer on Elder Law

As you age, you face critical decisions that not only impact your quality of life but the life of your loved ones. Some decisions you might make include how you receive medical care, where you live, and what you want when you pass away. Many decisions you make have legal considerations too, which is why elder law attorneys are...

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| Read Time: 4 minutes | Probate

10 Things to Know about Probate Court in New York

When a loved one dies leaving a will, you must go through the legal process known as probate. Probate is only required in the state of New York when your loved one’s assets total more than $30,000 in value. If the assets total over $30,000, then you will go through the stages of probate, and eventually, the estate will...

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| Read Time: 2 minutes | Wills

Protect Your Legacy With Three Essential Estate Planning Tools

An estate consists of the personal or real property, possessions, and financial holdings that a person has accumulated during his or her lifetime. Estates do not apply only to the wealthy. One’s estate simply consists of the personal property owned by that individual, regardless of the amount of property. An estate can consist of a modest home and vehicle,...

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| Read Time: 2 minutes | Elder Law

Primary Goals of Small Business Tax Planning

As any experienced small business owner already knows, the primary goal of small business tax planning is to make the most the money the business is already generating. How an accountant achieves that goal depends on the type of business, the source of its income, and a myriad of other factors. Staying Out of Trouble Generally speaking, effective tax planning...

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| Read Time: 2 minutes | Wills

Preventative Measures to Defend Against Will Contests

The purpose of a will is to be sure that your affairs are handled after your death and that your loved ones are taken care of properly. A will also protects your estate from various forms of litigation, including suits filed by family members who do not agree with the will’s contents. For this reason, it is important to...

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| Read Time: 2 minutes | Elder Law

How Spousal Rights Affect Legal Property Ownership

Various laws concerning a person’s property rights during marriage are normally based on the state that the marriage took place in. Marriage and property ownership laws in different states are divided into two different categories. There are states with community property laws and states that do not have community property laws. These different laws govern how spouses can dispose...

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| Read Time: 2 minutes | Guardianship

Common Roadblocks In Setting Up Legal Guardianship of a Minor

A guardianship is established when the court determines that a child’s biological parents are no longer able to care for a child appropriately. A case may be brought to court by child protective services if abuse has been filed against the parent. A case may also be brought to court by the person attempting to become guardian or a...

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| Read Time: 3 minutes | Trusts

5 Trust Types That Will Maximize Your Kids’ Inheritance

One of the most important parts of an effective estate plan is to ensure that a family’s children are properly provided for, whether they are minors or adults. This is often accomplished by placing some or all of the estate into a trust. The following five types of trusts have been found to be very effective in providing for...

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| Read Time: 2 minutes | Wills

5 Reasons to Draft a Will Right Now

Many mistakenly believe that drafting a will is something that only needs to be done by old, retired people who have families and are facing their end of life decisions. There are, however, many reasons to draft a will no matter what age you are. It is really never too early to make your will. 1. Serve Your Family...

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| Read Time: 2 minutes | Guardianship

The Basics of Guardianship, Health Care Decisions, and Power of Attorney

Legal terms can be confusing. To help those debating over the best care options for their loved ones, below three common elder law terms are defined and explained. Guardianship Guardianship is a term used to define anyone who has custody of, or the sole responsibility of caring for, an aging parent or other elderly relative or friend. Guardianship of...

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| Read Time: 2 minutes | Guardianship

5 Alternatives to Guardianship

A guardianship is a position of total authority and responsibility for a disabled adult who is for some reason incapable of making decisions to support himself or manage his affairs. Such persons are referred to as wards. Often, a person may be temporarily disabled or in need of less restrictive assistance. There are several alternatives to guardianship that may...

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| Read Time: 2 minutes | Elder Law

The Advantages and Disadvantages of an Adult Guardianship

Adult guardianships are sometimes necessary when an adult becomes incapacitated and the adult can no longer handle his or her financial or medical business. If there is no durable power of attorney in place, the guardianship becomes necessary. The court is the institution that is in charge of appointing a representative to handle the matters of the adult. Generally,...

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| Read Time: 2 minutes | Estate Planning

Living Trust Basics

When most people plan to distribute their property at death, they think of a simple last will and testament. At death, the will goes through a legal process known as probate. The probate process is public, with the executor’s actions reviewed by the probate court. In most cases, the process takes several months; problems can turn the timeline into...

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