Category: Elder Law

In New York it is commonplace for Skilled Nursing Facilities, Local Departments of the Aging, and various other commercial and not-for-profit entities to engage in various levels of assistance to Medicaid Applicants and their families.  When does that assistance cross the line into Continue reading →

A New York appeals court rules that a Medicaid applicant’s trust is an available asset because the trustees have discretion to make distributions to her. In the Matter of Frances Flannery v. Zucker (N.Y. Sup. Ct., App. Div., 4th Dept., No. TP 15-01033, Feb. 11, 2016).

Frances Flannery Continue reading →

A New York appeals court recently ruled that a Medicaid applicant who transferred money to his daughter and son-in-law under a personal service agreement made uncompensated transfers because there was no explanation of the services provided or proof regarding their fair market value. Continue reading →

Recently, a New York appeals court held that a Medicaid applicant who transferred money when she was in good health and two years before entering a nursing home presented enough evidence to rebut the presumption that she transferred the money in order to qualify for Medicaid. Sandoval Continue reading →

5.5 Million people have the disease.  That translates to 1 out of 10 people over 65 years old with the greatest prevalence afflicting those between the ages of 75 and 84.  

This year, 390,000 New Yorkers have the disease.  It is anticipated that New York will see some of the most modest Continue reading →

OK, great! You’ve finally decided it’s time to meet with an estate planning attorney and get your affairs in order. It’s time to make sure your family is protected.

Now that you’ve scheduled the first appointment, what’s the next step?  You can do one of two things: (1) Simply wait Continue reading →

Some of the most generous provisions of the tax code are those that permit beneficiaries of IRAs and other qualified retirement plans to defer income tax on the plans until time of withdrawal. This allows the IRA or qualified plan to grow significantly more than if it were subject Continue reading →

It’s that time of year – the time for beautiful weddings, fun receptions, delicious cakes, special gifts, and romantic honeymoons. While this is a joyous time for everyone, it’s also time for you and your new spouse to plan for your future – for richer or for poorer, in sickness and Continue reading →

Surprising to most people, the federal estate tax is a voluntary tax. Estate planning attorneys used to say, ‘You only pay if you don’t plan.’ Now, portability provides both an alternative and a back up plan to lifetime tax planning. This means you might be able to minimize or even Continue reading →

If you’re reading this, you need an estate plan. Why? The short answer is ‘Everyone, age 18 and older needs an estate plan. It doesn’t matter if you are old or young, if you have built up considerable wealth or if you are just entering adulthood –you need a written plan to keep you Continue reading →