Upon a person’s death, it is important to understand whether an estate proceeding is even necessary in the first place to access the decedent’s assets, and if so, which type of proceeding is required. The type of estate proceeding that may be needed depends on a...
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New York Elder Law, Estate Planning & Personal Injury Blog
Recovery of damages from Long Island car crash – case study
Car insurance companies are known for trying to undervalue your injuries when you’ve been in an accident. I had a case a couple of years ago that was published in the New York Law Journal which illustrates this scenario. My client was rear-ended after a motorist...
Medicaid trusts may be a better planning option than transfers to a family member
You've lived in your home for decades, and now that you're getting older, it is time to make some difficult decisions with respect to your estate and/or Medicaid planning. You wish to protect your home for your loved ones should you require long-term care in the...
Can I sue my spouse in a car accident in New York?
Here's a personal injury attorney lesson you don’t want to learn the hard way. Contrary to popular misconception, you can sue your spouse for a car accident which occurs in New York, as long as your spouse is negligent. The question is, will your insurance company pay...
Medicare updates for 2022
If you are a Medicare recipient, or if you are eligible to receive Medicare benefits, here are some important Medicare Part A and Part B figures for 2022. See https://www.medicare.gov/what-medicare-covers/ for more detailed information. MEDICARE PART A: Hospital...
Age and safe driving from a personal injury attorney
Americans are living longer and want to maintain their independence. By staying current with new car technology, keeping driving skills up to date and caring for our bodies and minds we don’t have to lose that independence. Driving consists of perception, decision and...
What types of advance directives are available in New York?
Advance directives are legal documents where you designate who should handle your financial and medical affairs and outline your specific wishes with respect thereto should you become incapacitated and unable to manage such affairs in the future. Although you may feel...
Updated 2022 Medicaid regional rates
The amounts listed below are the 2022 Medicaid Regional Rates, which represent the average cost of a nursing home in each of the seven regions in the State of New York. These rates are used to calculate transfer penalties that may result from the gifting or...
New York Medicaid updates for 2022
For those New York residents who are in need of long-term care, New York State offers two Medicaid programs to cover the cost of such care. There is Community Medicaid, where the care is customarily administered in the person’s home by an aide, and Chronic Medicaid,...
New York estate tax update for 2022
When you die your estate is not subject to the federal estate tax if the value of your estate is less than the “exemption amount” (Federally) or the “basic exclusion amount” in New York State. For people who pass away in 2022, the Federal exemption amount will be...