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The Five Components of a Good Estate Plan

Posted on: February 1st, 2017
Many people believe that if they have a will, their estate planning is complete, but there is much more to a solid estate plan. A good plan should be designed to avoid probate, save on estate taxes, protect assets if you need to move into a nursing home, appoint someone to make your health care decisions in the event you are unable to, and appoint someone to act for you if you become disabled....

What's the Difference Between a Will and a Trust?

Posted on: January 25th, 2017
Everyone has heard the terms "will" and "trust," but not everyone knows the differences between the two. Both are useful estate planning devices that serve different purposes, and both can work together to create a complete estate plan....

What is Medicaid and How does it affect the Country and its budget?

Posted on: January 11th, 2017
Here is everything you could ever want to know about how medicaid is built, how it works, and how it effects us as a country. The facts, not the spin:...

Do New York's Courts suddenly disagree about when a Medicaid Qualification Penalty is proper under the law?

Posted on: January 3rd, 2017
Some great cases on when transfers of assets will result in a Medicaid penalty period came down in the final quarter of 2016. Within a month of each other two New York Appellate Court's reached seemingly inconsistent conclusions on when a Medicaid Penalty is appropriately imposed. But are they really inconsistent? ...

The Caregiver Penalty

Posted on: December 29th, 2016
In a crushing blow to family values, the Third Department of the Appellate Division of New York's Supreme Court recently held that the state properly imposed a penalty period on a Medicaid applicant who transferred assets to her caregiver daughter...

The Special Needs Trust Fairness Act

Posted on: September 28th, 2016
The Fairness Act seeks to "right" a decades-old "wrong" in federal law that presumes that all persons with disabilities lack the mental capacity to handle their own affairs. Under current law, if a person with special needs wants to place her own property or money into a special needs trust in order to preserve it and maintain access to government benefits, she must have a parent, grandparent, guardian or court create the trust for her; she can't create the trust on her own. This process makes it unnecessarily difficult for people with few close relatives or limited access to the courts to preserve their assets. ...
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