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# Futterman Lanza, LLP

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## Posts

- [Why is it important to establish a health care proxy?](https://www.trustedattorneys.com/why-is-it-important-to-establish-a-a-health-care-proxy/) - Have you ever thought about what would happen if you were unable to make decisions about your own health care? Who would speak for you, and how would they know what you want? Most of us don't like to think about the possibility of being seriously ill or injured. However, the reality is that it
- [The Human Side of Elder Law: Why We Have Social Workers](https://www.trustedattorneys.com/blog/2026/06/the-human-side-of-elder-law-why-we-have-social-workers/) - By Reilly Graupp, MSW Most people come to an elder law firm to get a trust drafted, a Medicaid application filed, or a power of attorney prepared. We do all of that, but over the years, we realized that legal work is only part of the need. The other piece is having someone who can
- [Finding Help Along the Way: Discovering Support for Aging Adults](https://www.trustedattorneys.com/blog/2026/03/finding-help-along-the-way-discovering-support-for-aging-adults/) - By Reilly Graupp, MSW Watching a parent struggle to remember their medications, supporting a spouse after a fall, or stepping in to help a sibling manage daily tasks can feel isolating and exhausting. Whether you are a spouse, parent, sibling, or adult child, caregiving can arrive suddenly and with little preparation. Many caregivers assume the
- [How Does a Transfer on Death Deed Help You Pass On Real Estate?](https://www.trustedattorneys.com/blog/2026/04/how-does-a-transfer-on-death-deed-help-you-pass-on-real-estate/) - By Anna Gavrysh, Esq. A New York Transfer on Death Deed (“TOD Deed”) has been gaining popularity since it came into an existence in July of 2024. So, what is a TOD Deed? A TOD Deed provides a property owner with an ability to essentially select a beneficiary for the owner’s real property. That selected
- [What happens if I am a passenger in a car accident in NY – can I sue the driver?](https://www.trustedattorneys.com/what-happens-if-i-am-a-passenger-in-a-car-accident-in-ny-can-i-sue-the-driver/) - A passenger in a motor vehicle accident has multiple avenues of recovery. First, in NY medical bills from a car accident are paid by the insurance company of the vehicle you are in (the host). If you also own a vehicle or are a resident relative of someone you live with who owns a vehicle,
- [Why are falls so dangerous?](https://www.trustedattorneys.com/why-are-falls-so-dangerous/) - It is no secret that older individuals are more prone to serious injuries from falls, but you may wonder why falls are so dangerous. According to the Centers for Disease and Control Prevention, falls often lead to broken bones and head injuries, especially in older people. Both types of injuries require extensive recovery and can lead
- [Traveling and traffic accident risks](https://www.trustedattorneys.com/traveling-and-traffic-accident-risks/) - If you regularly drive across the country or simply like to visit different parts of the state from time to time, you need to recognize certain risk factors associated with driving in different areas. For example, some drivers who are not familiar with traffic in particular areas do not understand unique hazards and dangerous sections
- [What can you do to prevent falls?](https://www.trustedattorneys.com/what-can-you-do-to-prevent-falls/) - Falls can be dangerous at any age, but if you suffer a fall as a senior citizen, you could be at greater risk for a fatal injury. Traumatic brain injuries and hip fractures, both of which can be extremely serious, often result from falls. Commercial and residential property owners have a responsibility to keep the
- [Drowsy driving and traffic accidents](https://www.trustedattorneys.com/drowsy-driving-and-traffic-accidents/) - If you feel very tired, it is pivotal to avoid driving if you are unable to focus on the road. Every year, many drivers get behind the wheel even though they did not get enough sleep or suffer from fatigue for some other reason. This puts lives in danger, and when drowsy driving accident victims
- [Clarification to the 10-year rule on inherited IRAs](https://www.trustedattorneys.com/wayne-carrabus-explains-clarification-to-the-10-year-rule-on-inherited-iras/) - Firm attorney Wayne Carrabus recently wrote an article for Long Island Business News. The piece titled "IRS clarifies 10-year rule for inherited IRAs" delves into the IRS's recent clarification on the 10-year rule for inherited IRAs, introduced under the SECURE Act of 2019. Issued last July, this rule mandates that particular beneficiaries must thoroughly distribute
- [Could a back-up plan help your trust-based estate?](https://www.trustedattorneys.com/could-a-back-up-plan-help-your-trust-based-estate/) - As a well-organized person, you may have been exploring your estate planning options for some time. Because you certainly do not want to leave your family in a difficult position in the event of your passing, you want to make sure that you have made the best planning decisions possible for your estate's specific needs.
- [How does a pooled trust help someone with special needs?](https://www.trustedattorneys.com/how-does-a-pooled-trust-help-someone-with-special-needs/) - Your loved one with special needs must follow the rules in order to remain eligible for certain government programs. A pooled trust provides the beneficiary the opportunity for a better quality of life without jeopardizing the benefits of programs such as Supplemental Security Income or SSI. Types of trusts There are three types of trusts
- [Income Tax Rates for Trusts and Estates 2017](https://www.trustedattorneys.com/income-tax-rates-for-trusts-and-estates-2017/) - Update: Here are the 2019 income tax rates for trusts and estates and the 2020 income tax rates for tusts and estates. The IRS recently enacted revenue procedure 2016-55 which updates rules in the tax code that are regularly adjusted due to inflation. Among the changes includes the tax brackets for estate and trust taxable
- [Income Tax Rates for Trusts and Estates 2020](https://www.trustedattorneys.com/income-tax-rates-for-trusts-and-estates-2020/) - The IRS has enacted revenue procedure 2019-44 which updates rules in the tax code, which updates include regular adjustments for inflation. Included in these updates are adjustments to the 2020 tax brackets for estate and trust taxable income. Important note: Estates and trusts pay income tax too!! Income tax is not only paid by individuals.
- [Why an irrevocable trust can be a great estate planning tool](https://www.trustedattorneys.com/why-an-irrevocable-trust-can-be-a-great-estate-planning-tool/) - Perhaps you are nearing retirement closing out a successful career, and you might be thinking about estate planning tools, especially trusts. There are various kinds of trusts suited to individual needs. For example, you may find that an irrevocable trust is a perfect fit for your particular circumstances. About the irrevocable trust Unlike a revocable
- [Are you considering reviewing your estate plan?](https://www.trustedattorneys.com/are-you-considering-reviewing-your-estate-plan/) - Your estate plan is an ever-evolving work in progress. After you create it, you must constantly update it. Why? Because it needs to reflect your life at its current moment, and your life undergoes many changes throughout its course. But reviewing your entire plan can feel overwhelming at best. Are there any ways that you
- [Challenges that families face when looking at nursing homes](https://www.trustedattorneys.com/challenges-that-families-face-when-looking-at-nursing-homes/) - Families who are helping a loved one transition into a nursing home or assisted living facility have to process an overwhelming amount of information and make some very difficult decisions. At a time when people are feeling scared and vulnerable about what will happen with their health and living situation, they are relying on their
- [Eligibility for Medicaid and retirement accounts](https://www.trustedattorneys.com/eligibility-for-medicaid-and-retirement-accounts/) - Before entering a nursing home or assisted living facility, many seniors need to obtain Medicaid benefits to pay for the cost. However, qualifying for Medicaid involves falling within a relatively low income bracket and having fairly minimal assets. New York’s Medicaid program treats qualified retirement accounts somewhat differently from how it treats other types of
- [The impact of distracted driving accidents](https://www.trustedattorneys.com/the-impact-of-distracted-driving-accidents/) - On the road, you need to keep an eye out for various risks. Aside from weather-related hazards, drunk drivers and chaotic traffic, you should focus on the prevalence of distracted driving and understand the risks that come with this behavior. Sadly, distracted driving claims many lives each year and leaves many people seriously hurt. There
- [What should a good estate plan contain?](https://www.trustedattorneys.com/what-should-a-good-estate-plan-contain/) - Creating an estate plan is a crucial element in caring for your family. In order to situate your loved ones on a successful path, it is important to understand what documents you should have in place. Although each estate plan is unique to the client’s particular goals and wishes, there are basic documents that should
- [Do you need an advance health care directive?](https://www.trustedattorneys.com/do-you-need-an-advance-health-care-directive/) - An estate plan can encompass a lot of parts including a Will, Trust and Advance Directives (such as a Power of Attorney and Health Care proxy). A Health Care Proxy allows you to appoint someone you trust to make health care decisions for you at a point when you can no longer reasonably make the
- [Florida Resident Information for New Yorkers from an Estate Planning Perspective](https://www.trustedattorneys.com/florida-resident-information-for-new-yorkers-from-an-estate-planning-perspective/) - By Ronald Lanza, Esq. What if you want out of New York but you still want to keep one foot in New York? Even in the pandemic, people that have one home in New York and another one in Florida want to be in the warmer weather and their goal is often to meet their
- [2026 Medicaid Limits Update](https://www.trustedattorneys.com/2026-medicaid-limits-update/) - By Anna Gavrysh, Esq. The New York State Department of Health posted the updated financial eligibility criteria for Medicaid applicants and recipients effective for all new and pending applications. Income Limit for Community Medicaid The monthly income limit for a single (not married) Community Medicaid applicant increased from $1,800 in 2025 to $1,836 in 2026.
- [What Should You Know About Probate in NY Surrogate Court?](https://www.trustedattorneys.com/blog/2026/03/what-should-you-know-about-probate-in-ny-surrogate-court/) - By Jamie L. Larkin, Esq. Probate in New York is the court-supervised legal process of validating the last will and testament of a person who has passed away. The probate process appoints a representative to collect and distribute assets and ensures the legal transfer of property according to New York state law. Going through probate
- [Per Stirpes: What it Means in Estate Planning](https://www.trustedattorneys.com/blog/2026/02/per-stirpes-what-it-means-in-estate-planning/) - Authored by Anna Gavrysh, Esq. You may have seen or heard the term “per stirpes” in the context of estate planning. If you look at your own Last Will and Testament (“Will”) or Trust, you may see the term “per stirpes” throughout the document with referral to the distribution of the estate. So, what does
- [New York State Tax Exclusion](https://www.trustedattorneys.com/blog/2026/01/new-york-state-tax-exclusion/) - The New York State Department of Taxation and Finance recently announced that the state’s basic exclusion amount for New York State Estate Tax in 2026 is $7,350,000, but what does that mean? Essentially, if your taxable estate is under that amount at the time of your death, there is no Estate Tax due to New
- [Futterman Lanza and two of our attorneys have been nominated for Bethpage Best Of Long Island Awards](https://www.trustedattorneys.com/futterman-lanza-and-two-of-our-attorneys-have-been-nominated-for-bethpage-best-of-long-island-awards/) - Futterman Lanza, LLP has been nominated as the best law firm on Long Island, and Aaron Futterman and Barrie Bazarsky have been nominated as the best lawyers in the “Bethpage Best Of” Awards! You can vote daily until December 15th and we appreciate your support. Your votes can be cast here under Law Firm and Lawyer
- [Protect your digital assets for the future](https://www.trustedattorneys.com/protect-your-digital-assets-for-the-future/) - What are digital assets? Do you have social media accounts, emails or photos on your phone? If you do, this means you are the owner of digital assets. Most people tend to think that digital assets are only a part of virtual currency such as crypto or bitcoin, however it includes far more than that.
- [Use of a “pooled income trust” in connection with Community Medicaid](https://www.trustedattorneys.com/use-of-a-pooled-income-trust-in-connection-with-community-medicaid/) - As you may know, as soon as you reach 65, you automatically are entitled to Medicare. Medicaid, on the other hand, is something you need to apply and qualify for. You might have heard about Community Medicaid limits on income and resources. For the purposes of this video, we will only focus on the income
- [Medicaid trusts may be a better planning option than transfers to a family member](https://www.trustedattorneys.com/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 future. You have complete confidence in your children, so
- [Verdict & Settlement Highlight - Barrie E. Bazarsky](https://www.trustedattorneys.com/verdict-settlement-highlight-barrie-e-bazarsky/) - Barrie E. Bazarsky was recently highlighted for her work in the New York Law Journal in a recent personal injury case. Barrie Bazarsky’s client was the operator of car #1 in a four-car accident. Property damage to his vehicle was under $1,000. Despite that, his concussion and other injuries evolved over the next three months
- [If I get hurt in a nursing home, does the money count against my Medicaid eligibility?](https://www.trustedattorneys.com/if-i-get-hurt-in-a-nursing-home-does-the-money-count-against-my-medicaid-eligibility/) - A Medicaid applicant in New York cannot have assets in excess of $30,182 (2023). Under New York Public Health Law, if you are injured due to the negligence of a nursing home, any money you receive will NOT count against your Medicaid eligibility. This is true for both Chronic Care (nursing home) Medicaid and Community
- [Common estate planning mistakes when one spouse dies](https://www.trustedattorneys.com/common-estate-planning-mistakes-when-one-spouse-dies/) - The death of a spouse can be a devastating event, and the emotional pitfalls can be even worse if there was improper planning or errors were made over the deceased spouse’s estate. Difficulties often arise if one spouse handled all financial matters, and the survivor has little or no knowledge of their finances. Financial and
- [Sale of House in Medicaid Asset Protection Trust](https://www.trustedattorneys.com/sale-of-house-in-medicaid-asset-protection-trust/) - A question asked time and again is whether the house transferred into the Medicaid Asset Protection Trust can be sold. The answer is: YES. The next question is what happens? The following will attempt to answer this question. Sally of Smithtown, New York transferred her house into a Medicaid Asset Protection Trust eight years ago.
- [Putting Rental Home Into an LLC or S-Corp is Sound Medicaid Planning](https://www.trustedattorneys.com/putting-rental-home-into-a-llc-or-s-corp-is-sound-medicaid-planning/) - To qualify for Medicaid in New York, the Medicaid Regulations ("Regulations") provide that all income and resources actually or potentially available to a Medicaid applicant or recipient must be evaluated, but only such income and/or resources as are found to be available may be considered in determining eligibility for Medicaid. A Medicaid applicant or recipient
- [Information about your life insurance policy you're probably not aware of](https://www.trustedattorneys.com/information-about-your-life-insurance-policy-youre-probably-not-aware-of/) - The following is a guest blog by Henry Montag, CFP. Most Individuals purchase a life Insurance policy, place it in their safe or bottom left desk drawer, and await the bill so it can be paid and mailed to the Insurance company to maintain their coverage. Most individuals are not aware that 55% of their
- [Elder abuse and legal competence](https://www.trustedattorneys.com/elder-abuse-and-legal-competence/) - When it becomes clear that an elder abuse is taking place, measures should be taken to rectify the situation, but what if the person being abused says they are aware of and alright with the treatment? For many individuals, there comes a time when, due to old age or mental illness, they are unable to
- [Estate Administration - How to Transfer the Deceased's Car in New York](https://www.trustedattorneys.com/estate-administration-how-to-transfer-the-deceaseds-car-in-new-york-2/) - Last updated September 2022 A common task following a person’s death is the transfer or disposal of one or more automobiles owned by the decedent. How this may be accomplished depends upon the answers to the following questions: Question 1: How many cars did the decedent own? Question 2: What is the fair market value
- [Estate plans are not set in stone](https://www.trustedattorneys.com/estate-plans-are-not-set-in-stone/) - You should never delay implementing an estate plan simply because you may need to change it down the road. As long as you have the requisite mental capacity, you can always amend your estate plan as your life progresses. When you are young, you may only need a Power of Attorney and Health Care Proxy
- [Estate Planning Considerations For LGBTQ+ Individuals](https://www.trustedattorneys.com/estate-planning-considerations-for-lgbtq-individuals/) - Every adult should have an estate plan but those who identify as LGBTQ+ may reap some additional rewards from being proactive with their planning. Unfortunately, some LGBTQ+ individuals face challenges, including difficult family relationships and discrimination, that may cause concerns if they become incapacitated or die. In addition, while same-sex marriage is legal in the
- [Tax consequences of transferring assets: gifting vs. inheriting](https://www.trustedattorneys.com/tax-consequences-of-transferring-assets-gifting-vs-inheriting/) - One topic of estate planning that we spend considerable time discussing with our clients is the succession of ownership of the client’s assets. It should not come as a surprise that almost all our clients want their assets to be passed on to their loved ones. In most cases, it is the older generations (grandparents
- [The basic components of an advance healthcare directive](https://www.trustedattorneys.com/the-basic-components-of-an-advance-healthcare-directive/) - Like wills and estate planning, most New Yorkers don’t give much thought to advance healthcare directives until later in life. While a catastrophic accident or terminal illness may seem unlikely, they are unfortunately a possibility for people of any age. This could also be an issue for individuals over 18 years of age who are
- [The importance of having an advance healthcare directive](https://www.trustedattorneys.com/the-importance-of-having-an-advance-healthcare-directive-2/) - When it comes to getting older, there are a lot of things for which to prepare. One is planning what will happen if you are unable to make medical decisions for yourself, and you can do this with an advance directive. There are different parts to an advance directive, and the more detailed you are
- [What types of advance directives are available in New York?](https://www.trustedattorneys.com/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 uncomfortable thinking about future incapacity, these documents are important to have in place to
- [How does Medicaid assess penalties against applicants in New York?](https://www.trustedattorneys.com/how-does-medicaid-assess-penalties-against-applicants-in-new-york/) - Because of the high cost associated with long-term care, most people who need such care look to Medicaid to pay for it. In New York there are two main Medicaid programs that cover long-term care: Community Medicaid (where the care is administered in the home by an aide) and Chronic Medicaid (where the care is
- [Asset protection myths debunked](https://www.trustedattorneys.com/asset-protection-myths-debunked/) - The internet can be both a resource and a liability. Searching for asset protection advice online, like searching the internet for medical advice, could end in prudent information or complete falsehoods written by artificial intelligence. Sometimes, bad advice is obvious. Other times, bad advice may have a layer of plausibility. We’ll cover a bit of
- [Avoid Sweatin’ the Small Stuff: Richard Simmons’ Estate Battle](https://www.trustedattorneys.com/avoid-sweatin-the-small-stuff-richard-simmons-estate-battle/) - A FIGHT WORTH SWEATIN’ OVER Richard Simmons, the iconic fitness instructor, passed away in July 2024. Primarily known for his bright spandex clothing and his Sweatin’ to the oldies exercise series, Simmons is now famous for trusting the wrong people with his estate. Prior to his passing, Richard Simmons established a trust that laid out
- [What medical decisions can my health care agent make for me?](https://www.trustedattorneys.com/what-medical-decisions-can-my-health-care-agent-make-for-me/) - Regardless of your age or health status, it can be smart to use a health care proxy to appoint an alternate decision-maker. The purpose of naming an alternate decision-maker, called a health care agent, is to control who makes medical decisions on your behalf when you are unable to make the decisions yourself. You should
- [Estate Planning- Avoid a Disaster With a Common Disaster Clause](https://www.trustedattorneys.com/estate-planning-avoid-a-disaster-with-a-common-disaster-cause/) - Post updated on Aug 24, 2020 by Wayne R. Carrabus When discussing client’s Last Wills, I always discuss the possibility of a common disaster. I know it’s not pleasant, but it is a reality, and should be discussed. Why? Because you, the client, can, and should, have control over the disposition of your property. If
- [What is a special needs trust?](https://www.trustedattorneys.com/what-is-a-special-needs-trust-ny/) - If you have a disabled child, grandchild or close family member and are concerned about their care after you pass away, there is a special kind of trust that you might want to consider. Supplemental or special needs trusts (or “SNTs”) are specifically designed for this purpose. You can create a fund to help someone
- [Motor vehicle insurance review by a personal injury attorney](https://www.trustedattorneys.com/motor-vehicle-insurance-review-by-a-personal-injury-attorney/) - I always educate my clients and people at seminars about the importance and impact of having property automobile insurance coverage. A 19-year-old client of mine was a passenger in his friend’s truck, which was involved in a single-car accident (it hit a tree). My client was severely injured. The truck was owned and operated by
- [How can you identify elder fraud?](https://www.trustedattorneys.com/how-can-you-identify-elder-fraud/) - According to the FBI, criminals target the elderly every year due to their lack of internet savvy, polite demeanor, savings accounts, homeownership, and good credit. Understanding the types of elder fraud may help people identify and protect against it. Types of elder fraud schemes Tech support scams are among the most common schemes. A scammer
- [You Must Have a Health Care Proxy with a HIPAA Release](https://www.trustedattorneys.com/you-must-have-a-health-care-proxy-with-a-hippa-release/) - As discussed in the previous postings, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), was enacted in 1996. It was created to assure that individuals' health information is properly protected. The previous postings listed information that the Privacy Rule protects, information that can be disclosed, and the entities that must keep private health
- [Personal injury and medical malpractice](https://www.trustedattorneys.com/personal-injury-and-medical-malpractice/) - A client of mine was “T-boned” by another car in a motor vehicle accident. She was admitted to the hospital for a few days with non-displaced pelvic fractures and then discharged home. Ten days later, she suffered a fatal pulmonary embolism. In New York, since the car accident put everything else in motion, the person
- [Probate- Who Can Object to a Will?](https://www.trustedattorneys.com/probate-who-can-object-to-a-will/) - Objecting to a Will Surrogate's Court Procedure Act ("SCPA") section 1410 states that "[a]NY person whose interest in property or in the estate of the testator would be adversely affected by the admission of the will to probate may file objections to the probate of the will or of any portion thereof ...." [emphasis added].
- [What are the similarities and differences between an Irrevocable and a Revocable Trust?](https://www.trustedattorneys.com/what-are-the-similarities-and-differences-between-an-irrevocable-and-a-revocable-trusts/) - When it comes to making an estate plan, you often hear about people creating trusts. The two most common trusts mentioned are Irrevocable Trusts and Revocable Trusts. Similarities Let’s first begin with some of the similarities between the two. Both an Irrevocable Trust and a Revocable Trust avoid probate/administration proceedings for the assets titled to
- [Why do some people procrastinate over estate planning?](https://www.trustedattorneys.com/why-do-some-people-procrastinate-over-estate-planning-2/) - Estate planning is so much more than drafting a Will. Trusts, Power of Attorneys and Health Care Proxies all perform very different functions. Getting your final wishes down on paper can feel overwhelming. The truth is that this puts many people off from estate planning. What are some other reasons that over half the population
- [What the Rise of Technology Means for Your Estate Plan](https://www.trustedattorneys.com/blog/2026/01/what-the-rise-of-technology-means-for-your-estate-plan/) - As technology continues to shape how we live, work, and manage our finances, it has also changed what an effective estate plan looks like. Today, many of our most important assets exist online—yet digital estate planning remains one of the most overlooked parts of a comprehensive estate plan. Without proper legal guidance, digital assets can
- [Medicaid trusts may be a better planning option than transfers to a family member](https://www.trustedattorneys.com/medicaid-trusts-may-be-a-better-planning-option-than-transfers-to-a-family-member-2/) - 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 future. You have complete confidence in your children, so
- [No fault in motor vehicle accidents](https://www.trustedattorneys.com/no-fault-in-motor-vehicle-accidents/) - As a personal injury attorney, it is evident that people really do not know what “no fault” means. It does not mean that fault does not matter, except in one category. As discussed in a prior blog, when you are injured in a car accident, the car you are in pays your medical bills, time
- [Aaron Futterman Presents At The Amsterdam at Harborside in Port Washington, NY](https://www.trustedattorneys.com/aaron-futterman-presents-at-the-amsterdam-at-harborside-in-port-washington-ny/) - Law Partner Aaron Futterman, CPA, ESQ presented last night to a large group of mental health professionals on elder law and estate planning at The Amsterdam at Harborside in Port Washington, NY. Topics included Medicaid misconceptions, Power of Attorney, Health Care Proxy, Wills and common types of Trusts.
- [Aaron Futterman Presents At Gurwin Jewish-Fay J. Linder Residences in Commack](https://www.trustedattorneys.com/aaron-futterman-presents-at-gurwin-jewish-fay-j-linder-residences-in-commack/) - Last night (May 29th) Aaron Futterman presented to 50 mental health professionals at Gurwin Jewish-Fay J. Linder Residences in Commack. He discussed updates in elder law and estate planning along with Jordan Trager, Esq. from Wisselman, Harounian & Associates who presented family and marital dynamics from a legal perspective and Fran Greene, LCSW, Relationship Coach
- [16th Annual Alzheimer's Disease Education Conference and Expo 2019](https://www.trustedattorneys.com/16th-annual-alzheimers-disease-education-conference-and-expo-2019/) - Aaron E. Futterman CPA, Esq. was one of the co-presenters on the topic of Medicaid/Medicare - What's the difference? Futterman Lanza, LLP also had a table at the expo and was one of the sponsors as this is a special organization that helps many families on Long Island who need the support, guidance and information.
- [Medicaid look-back can be reduced to 57 months](https://www.trustedattorneys.com/medicaid-look-back-can-be-reduced-to-57-months/) - Medicaid provides coverage for long-term nursing home care, but applicants must adhere to strict asset transfer rules. One such rule is the 60-month look-back period for Chronic Care (Nursing Home) Medicaid (see “What is the 5 Year Look-Back for Medicaid?"). However, in certain circumstances, Medicaid applicants can use a retroactive payment period to reduce the
- [Lessons learned from the battle over Aretha Franklin’s estate](https://www.trustedattorneys.com/lessons-learned-from-the-battle-over-aretha-franklins-estate/) - Nearly five years after Aretha Franklin’s death, it seems that the battle over her estate may finally be over. While few people have her wealth, all too many people make similar mistakes. She failed to properly execute an estate plan resulting in years of litigation. No one wants to think about death, nor do we
- [New York pedestrian injury case](https://www.trustedattorneys.com/new-york-pedestrian-injury-case/) - My client was a pedestrian struck by a car. She suffered a badly fractured arm but declined surgery due to a history of anesthesia complications. The case venue was not favorable to plaintiffs (meaning the jury is conservative with money). To maximize recovery, I made a motion after depositions asking the Court to determine that the
- [Can an irrevocable trust beneficiary claim a step-up in basis: understanding IRS Rev. Rul. 2023-2](https://www.trustedattorneys.com/can-an-irrevocable-trust-beneficiary-claim-a-step-up-in-basis-understanding-irs-rev-rul-2023-2/) - 26 U.S. Code § 1014 provides for a step-up in cost basis on inherited property. Specific language from the section reads: “the basis of property in the hands of a person acquiring the property from a decedent or to whom the property passed from a decedent shall, if not sold, exchanged, or otherwise disposed of
- [How to prepare for a personal medical crisis](https://www.trustedattorneys.com/how-to-prepare-for-a-personal-medical-crisis/) - Nobody likes planning for the worst, but as a senior, being prepared in case of a medical emergency can greatly reduce the strain put on your family and provide you with peace of mind in moments of crisis. There is some important information to compile in a binder or computer file to give to your
- [Four reasons you want to avoid probate](https://www.trustedattorneys.com/four-reasons-you-want-to-avoid-probate/) - Every adult should have certain key legal documents, including a Last Will & Testament (a “Will”), Health Care Proxy, Power of Attorney and a Living Will. However, in many cases, it’s also beneficial to have a trust (Revocable or Irrevocable). Among the benefits of a trust is that the assets titled in the name of
- [Why is long-term planning necessary?](https://www.trustedattorneys.com/why-is-long-term-planning-necessary/) - For many people in their 60’s, a majority of their adult years have been spent working hard and caring and providing for those in the generations below and above theirs. After such hard work and dedication to others, it is essential for a person at this stage of life to turn the focus to themselves
- [Personal injury and insurance company negotiations](https://www.trustedattorneys.com/personal-injury-and-insurance-company-negotiations/) - Rear-End Car Accident Injury Settlement in NY Recently I represented a young woman who was rear-ended. Her injuries were not serious but she still sustained injuries due to the negligence of another party. The insurance carrier was very aggressive, even with me, offering $2,500, $3,500 and then $6,500 before I even had the client’s medical records. In only
- [Why add an estate planning attorney to your network?](https://www.trustedattorneys.com/why-add-an-estate-planning-attorney-to-your-network/) - Often times, a person won’t come into contact with an attorney until there is an immediate need for certain legal services. For example, the first time a person might use an attorney is when the person buys a home and needs a real estate attorney. Because of this reality, most people won’t meet with an
- [Pros & cons of naming more than one fiduciary in your will or trust](https://www.trustedattorneys.com/pros-cons-of-naming-more-than-one-fiduciary-in-your-will-or-trust/) - A Last Will & Testament and a Trust are two common estate planning documents. Each requires the creator (the Testator in the case of a Will, and the Grantor in the case of a Trust) to name at least one person as the fiduciary, who will manage and administer the estate and trust. The fiduciary
- [5 common New York estate planning questions](https://www.trustedattorneys.com/5-common-new-york-estate-planning-questions/) - Planning for the future starts with an important step — creating an estate plan. It's not merely about preparing for the unknown; it's a blueprint for the legacy you leave behind. A well-thought-out estate plan is a gift to yourself and your loved ones, offering peace of mind and ensuring your wishes are honored. Estate
- [The difference between a living will and a medical power of attorney](https://www.trustedattorneys.com/the-difference-between-a-living-will-and-a-medical-power-of-attorney/) - A living will and a health care proxy, which both fall under the umbrella term “advance healthcare directive,” sound like they cover the same situations, but there are key distinctions. Living wills These are your detailed, comprehensive written instructions for what life-saving care you want or do not want if you are unconscious or incapacitated,
- [2024 New York Medicaid updates](https://www.trustedattorneys.com/2024-new-york-medicaid-updates/) - 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, where the care is administered in an institution, like
- [The eggshell skull theory in personal injury cases](https://www.trustedattorneys.com/the-eggshell-skull-theory-in-personal-injury-cases/) - A client of mine was in a car accident. The other car crossed over the double yellow lines and hit her head on. She hurt her shoulder and her hand but discounted the hand as the x-ray showed arthritis. She is a PA and made that determination on her own. In reality, her hand was hurt when
- [The importance of early Medicaid planning in New York](https://www.trustedattorneys.com/the-importance-of-early-medicaid-planning-in-new-york/) - Delaying Medicaid planning can have a dramatic effect on one's estate. If done poorly or not at all, there may be nothing left of your hard-earned assets to pass on to loved ones. It can also be quite complex. Qualifying for Medicaid in New York often involves complicated advanced planning, so it's a good idea
- [Do I need a pour-over will in New York?](https://www.trustedattorneys.com/do-i-need-a-pour-over-will/) - Creating an estate plan can be arduous based on what tools you include according to your estate's details. If you plan to establish a living trust, it can work in tandem with a specific type of will — a pour-over will. This estate planning tool can be beneficial to safeguard all your assets during and
- [The attorney's role in hospice care](https://www.trustedattorneys.com/the-attorneys-role-in-hospice-care/) - Hospice Care and Estate Planning As an estate planning attorney, I focus on the importance of comprehensive end-of-life planning, which includes considerations for hospice care. While my primary focus lies in helping individuals and families navigate the complexities of estate planning, I recognize the critical role that hospice care can play in providing comfort, dignity,
- [Trusts: Revocable vs Irrevocable](https://www.trustedattorneys.com/trusts-revocable-vs-irrevocable/) - A trust can become an important part of your estate plan. There are different types of trusts, and each type comes with its own benefits. Which type is appropriate depends on your goals, and the facts and circumstances of your case. There are two main categories of trusts: Revocable and Irrevocable. Understanding the difference between
- [Avoiding an Article 81 guardianship proceeding](https://www.trustedattorneys.com/avoiding-an-article-81-guardianship-proceeding/) - Many people have heard of the horrors of Guardianship proceedings. In New York, these proceedings for those over 18 who became incapacitated as an adult fall under Article 81 of Mental Hygiene Law. Guardianship is a legal process set by the court of the county where an alleged incapacitated person resides. The purpose of Guardianship
- [Transfer on Death (TOD) Deeds in New York](https://www.trustedattorneys.com/transfer-on-death-tod-deeds-in-new-york/) - Section 424, which provides for Transfer on Death (TOD) Deeds, was recently added to New York State’s Real Property Law, and will become effective on July 19, 2024. With a TOD Deed, the owner of real property, or transferor, can transfer the property to one or more named beneficiaries upon the transferor’s death. Because the
- [What is the difference between a personal injury case, a medical malpractice case and a worker's compensation case?](https://www.trustedattorneys.com/what-is-the-difference-between-a-personal-injury-case-a-medical-malpractice-case-and-a-workers-compensation-case/) - Even though I will give a brief description of each, it is important to note that a claim may share components of all of these. As such, it is important that you speak with an attorney who is familiar with all 3 so that your matter will be dealt with properly. A personal injury matter
- [If you cannot work, can a personal injury claim make up for lost wages?](https://www.trustedattorneys.com/if-you-cannot-work-can-a-personal-injury-claim-make-up-for-lost-wages/) - When you are injured unexpectedly, it can affect every part of your life. One of the biggest problems is losing your income. If you cannot work, you might wonder how you will handle your finances. Is it possible to get money for the wages you lost? Can you get compensation for lost wages? If an
- [Tips to avoid probate in estate planning](https://www.trustedattorneys.com/tips-to-avoid-probate-in-estate-planning/) - When creating an estate plan, most people typically have one thing in mind: securing their assets as efficiently as possible to pass them on to their loved ones. However, upon your passing, your assets will likely go through a necessary legal process called probate, under which a court will manage the transfer of your money
- [The importance of seeking knowledgeable legal help after an accident](https://www.trustedattorneys.com/the-importance-of-seeking-knowledgeable-legal-help-after-an-accident/) - In New York, it used to be that you had to “opt-in” with most carriers to be covered for spousal liability – that which required the insurance company to cover a spouse for “pain and suffering” if their spouse causes (or partially causes) a motor vehicle accident where they are a passenger. The law changed
- [Estate Planning Is Not Just for Seniors](https://www.trustedattorneys.com/estate-planning-is-not-just-for-seniors/) - One common misconception surrounding Estate Planning is that an Estate Plan can only be executed by older adults. This simply is not true. There are certain basic estate planning measures that should be taken as soon as a person reaches the age of 18 years. Every adult should execute the Advanced Directives, which are the
- [What documents to bring to an appointment with your attorney?](https://www.trustedattorneys.com/what-documents-to-bring-to-an-appointment-with-your-attorney/) - When scheduling an appointment with your attorney, you should always keep in mind what you are looking to achieve. Are you coming in to discuss your estate plan, asset protection for long-term care or estate administration for your loved one who passed away? While all these areas of law are connected, they also differ from
- [Common estate planning mistakes that cost families](https://www.trustedattorneys.com/common-estate-planning-mistakes-that-cost-families/) - No one likes to think about death or money, especially at the same time, which makes estate planning a touchy subject. But avoiding it entirely can create bigger problems in the future. In New York, where probate court can be expensive and time-consuming, the cost of a poor estate plan (or no plan at all)
- [What if you’re injured in a crash when a relative was driving?](https://www.trustedattorneys.com/what-if-youre-injured-in-a-crash-when-a-relative-was-driving/) - Many car crashes involve strangers trying to hold each other accountable. The drivers involved in a collision typically do not know one another. Therefore, there is minimal emotional risk involved in filing an insurance claim or even pursuing a personal injury lawsuit. Drivers involved in collisions caused by others generally understand that they have a
- [The Tangled Web of Gene Hackman and his Family](https://www.trustedattorneys.com/the-tangled-web-of-gene-hackman-and-his-family/) - Gene Hackman was a well-known actor, best known for his roles of playing both seriously tough and funny characters. In February 2025, the actor passed away, but controversy has sparked relating to his almost $80 million fortune that he left behind. Over his lifetime, Hackman created two Revocable Trusts, one in 1994 and one in
- [Medicaid-paid caregivers may be able to find relief from income tax in New York](https://www.trustedattorneys.com/medicaid-paid-caregivers-may-be-able-to-find-relief-from-income-tax-in-new-york/) - As attorneys Jennifer Raguso and Wayne Carrabus recently wrote about for Long Island Business News, Medicaid and Community-Based Services waiver programs in New York State provide essential support to individuals with disabilities and chronic conditions, allowing them to receive care in their homes or communities rather than in institutional settings. These programs often involve payments to
- [IRS News: Increased Estate, Gift Tax Exemption & Annual Exclusion for 2025](https://www.trustedattorneys.com/irs-news-increased-estate-gift-tax-exemption-annual-exclusion-for-2025-2/) - Some people who are in the process of doing their estate plans or those considering doing their estate plans in the future might have heard about Increased Estate, Gift Tax Exemption & Annual Exclusion. Skilled attorneys at Futterman Lanza, LLP are here to walk you through these rules and to guide you on what you
- [How often should I update my estate plan?](https://www.trustedattorneys.com/how-often-should-i-update-my-estate-plan/) - Estate planning is a critical aspect of everyone's life. It is not just about managing your assets -even though it does that- but also about ensuring you take care of your family members and loved ones after you pass on. Life can take unexpected twists and turns, so you should be prepared as much as
- [Why establishing a Power of Attorney is important](https://www.trustedattorneys.com/why-establishing-a-power-of-attorney-is-important/) - Power of Attorney (POA) is a legal process that allows you, the principal, to designate an individual, known as your "agent," to manage your affairs if you cannot do so yourself. This legal document is essential for ensuring that your financial, legal, and health-related decisions are in trusted hands during times when you are incapacitated
- [Katy Perry and the PERRY Act – how would it affect elders?](https://www.trustedattorneys.com/katy-perry-and-the-perry-act-how-would-it-affect-elders/) - Katy Perry was recently responsible for influencing a new act related to the protection of elders in the state of California. The PERRY act protects elders from possible financial abuse they might face, specifically in real estate, property, and transfers of ownership of land. Katy Perry took a role in this act due to purchasing
- [Asset protection tips for New York business owners](https://www.trustedattorneys.com/asset-protection-tips-for-new-york-business-owners/) - Business owners, particularly small business owners, often learn hard lessons on the fly while turning a promising idea into a profitable reality. The possibility of lawsuits, divorce or bankruptcy is the last thing you want to consider while making your dream come true, but you must arrange for asset protection in advance. If you wait
- [Elder law attorneys – your lawyers for life](https://www.trustedattorneys.com/elder-law-attorneys-your-lawyers-for-life/) - Elder Law is unique. It’s an area of the law where an attorney’s advice can be needed from birth until death. Our firm, [nap_names id="FIRM-NAME-1"], concentrates in elder law, special needs, trusts, and estates. I’ve been named as one of the top fifty female elder law attorneys and a top 100 attorney overall, in the
- [The essentials of a New York estate plan](https://www.trustedattorneys.com/the-essentials-of-a-new-york-estate-plan/) - While it is a topic that few like to think about, preparing for the future and making end-of-life plans is essential. In making these plans, having a comprehensive estate plan is one of the most important things you can do to secure your assets and protect your loved ones. While every person’s estate plan might
- [Chronic Care Medicaid pays retroactively](https://www.trustedattorneys.com/chronic-care-medicaid-pays-retroactively/) - Chronic Care Medicaid is a program that covers long-term nursing home care, subject to a 5-year asset lookback (see "What is the Five-Year Lookback for Medicaid?" for more details). The timing of the application submission for Chronic Care Medicaid is crucial. If the Applicant's resources are within allowable limits, Medicaid will cover expenses retroactively up
- [What is the Five-Year Lookback for Medicaid?](https://www.trustedattorneys.com/what-is-the-five-year-lookback-for-medicaid/) - Medicaid is a government program that provides medical care to individuals with long-term health conditions. Many people who require chronic care depend on Medicaid to cover the high cost of nursing homes, which can be upwards of $18,000 per month on Long Island. However, applying for Chronic Care Medicaid comes with a 60-month lookback period,
- [Trip and fall cases from a personal injury attorney](https://www.trustedattorneys.com/trip-and-fall-cases-from-a-personal-injury-attorney/) - Often, potential clients call me regarding what we call “trip and fall” cases. The name speaks for itself. Most injuries sustained in these accidents are severe, but that does not mean there is a case. Liability is the first consideration as these types of cases are bifurcated for trial, meaning that unless you prove negligence,
- [5 Things You Need To Know While Estate Planning](https://www.trustedattorneys.com/5-things-you-need-to-know-while-estate-planning/) - Creating an estate plan isn’t necessarily a fun thing to do, but it’s necessary for all adults regardless of wealth. While some people think all you have to do is write a will, there’s much more that you have to do to have a comprehensive estate plan. As you’re considering your estate plan, it’s crucial
- [Assets that do not pass according to the terms of your Last Will & Testament](https://www.trustedattorneys.com/assets-that-do-not-pass-according-to-the-terms-of-your-last-will-testament/) - Generally speaking, when it comes to establishing an estate plan, a Last Will & Testament is an essential document to execute. With a Will, the creator, or testator, can address many different things, but the main purpose of a Will is to provide direction as to whom should inherit the testator’s assets. The executor is
- [Substantial increase in Medicaid eligibility levels in January 2023](https://www.trustedattorneys.com/substantial-increase-in-medicaid-eligibility-levels-in-january-2023/) - New York Medicaid asset and income limits for Long Term Care Medicaid are based on a percentage of the Federal Poverty Levels (“FPL”). On January 1, 2023, New York State will increase these percentages. This translates into substantial increases for both income and asset limits for current Medicaid recipients in New York State. The figures
- [Estate tax update: 2023](https://www.trustedattorneys.com/estate-tax-update-2023/) - IRS Rev. Proc. 2022-38 outlines the increase, for inflation, to the Federal Estate Tax Exemption for 2023, which is $12,920,000.00 per individual (compared to $12,060,00.00 in 2022), or $25,840,000.00 for a married couple (compared to $24,120,00.00 in 2022). The new 2023 levels represent an increase from 2022 of $860,000.00 and $1,720,000.00, respectively. The Federal Estate
- [Digital assets and estate planning: What happens to your social media accounts after you die?](https://www.trustedattorneys.com/digital-assets-and-estate-planning-what-happens-to-your-social-media-accounts-after-you-die/) - Increasingly, our world is becoming more digital. Email, Twitter, Facebook, YouTube, Yelp, Instagram, Pinterest, Vimeo, photo, video and music accounts…. the list goes on and on. So what happens to these accounts, and more importantly, the content in these accounts, when someone dies? Currently, in New York, if the digital account owner fails to plan,
- [When to revisit and revise your estate planning documents?](https://www.trustedattorneys.com/when-to-revisit-and-revise-your-estate-planning-documents-2/) - When it comes to an Estate Plan, every adult should have at least a basic plan in place. An Estate Plan is created, in large part, by executing legal documents. Each document addresses one or a few things, and all the documents come together to form a comprehensive plan. Although establishing an Estate Plan is
- [Relying On Medicare For Your Future Needs?](https://www.trustedattorneys.com/relying-on-medicare-for-your-future-needs-2/) - Planning is a huge part of what elder law is all about, and that includes helping people understand what alternative planning strategies they may need to enjoy their final years. One of the biggest issues people often face is making sure that they have adequate provisions in place for their medical needs – and those
- [2023 New York Medicaid Updates](https://www.trustedattorneys.com/2023-new-york-medicaid-updates-2/) - Please see our new post for 2024 Medicaid updates. 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,
- [Planning for your funeral](https://www.trustedattorneys.com/planning-for-your-funeral/) - The more complete your estate plan, the simpler it will make things for those grieving your loss after your pass. Setting out your own funeral wishes is one area many people overlook. There are a few ways to accomplish planning for after your death. One way is to pre-plan a funeral through a local funeral
- [Can elder law help seniors address their topmost concerns?](https://www.trustedattorneys.com/can-elder-law-help-seniors-address-their-topmost-concerns-2/) - Your family and friends may know you for the thoughtful concern you display over their wellbeing. You may have already made plans to distribute your assets among them after you die, but what about your wellbeing? Is anyone looking after your needs as you continue growing older? Like many older individuals, you may prefer not
- [Trust funding is essential](https://www.trustedattorneys.com/trust-funding-is-essential/) - While there are a multitude of different trust types, they all have one thing in common: Every trust must be “funded” with assets in order to receive the intended benefit. Funding a trust is arguably the most important (and most neglected) step when utilizing a trust for estate planning. A trust is a legal document
- [Patience from a personal injury attorney](https://www.trustedattorneys.com/patience-from-a-personal-injury-attorney/) - Many attorneys who do not practice personal injury exclusively look at an accident case like a quick money maker. The key to properly representing your client is to allow the case to “percolate” is the term I like to use. If there is ample insurance money available, whether through liability coverage or a combination of
- [Health Care Proxy: Who Should Be Your Agent?](https://www.trustedattorneys.com/health-care-proxy-who-should-be-your-agent/) - When creating an estate plan, one of the most important documents to include is a Health Care Proxy. A Health Care Proxy allows a principal to appoint an agent to make health care decision for the principal, but only when principal cannot make his or her own decisions. If you are interested in executing a
- [When is a gift tax owed?](https://www.trustedattorneys.com/when-is-a-gift-tax-owed/) - It is not uncommon for the topic of gifting to come up during a routine estate planning consultation. A grantor can accomplish different things by gifting assets. Whatever the goal, once a client expresses interest in gifting, the question inevitably becomes: How much can I gift without having to pay a gift tax? The reality
- [Motorcycle and car personal injury cases](https://www.trustedattorneys.com/motorcycle-and-car-personal-injury-cases/) - Personal injury cases are any situation where someone is injured. Most commonly, people think of car accidents, but motor vehicles include motorcycles. As I’ve discussed in a previous blog, motorcycles do not get the benefit of no-fault coverage for medical bills. Since motorcycles are inherently dangerous, you assume your own risk of medical bills via
- [Estate planning with a terminal illness in New York](https://www.trustedattorneys.com/estate-planning-with-a-terminal-illness-in-new-york/) - If you just found out that you’re living with a terminal illness, you may begin to focus on how you can protect yourself, your assets and your family. You want to be sure that you are protected and that someone you trust can make financial and medical decisions for you if you cannot make them
- [Should a college student have a health care proxy?](https://www.trustedattorneys.com/should-a-college-student-have-a-health-care-proxy/) - In New York State when a child reaches the age of 18, they are considered an adult. This means that an 18-year-old’s parents are not guaranteed to have the ability to make medical decisions (or access medical records) for them in the circumstance that medical decisions need to be made. A health care proxy is
- [How can you convince your aging parents to plan for Medicaid?](https://www.trustedattorneys.com/how-can-you-convince-your-aging-parents-to-plan-for-medicaid/) - It can be a challenge to balance the respect you have for your parents with the need to proactively support them as they age. They may take offense when you make suggestions regarding how they manage their daily lives or finances. The suggestion, such as that they may eventually require Medicaid, a health insurance benefit
- [Your retirement and the SECURE Act](https://www.trustedattorneys.com/your-retirement-and-the-secure-act/) - The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) became law in 2019. As its name suggests, this law is aimed at increasing access to tax-advantaged retirement accounts and preventing Americans from outliving their assets. The Act makes it easier and more advantageous for employers to set up 401(k) plans for employees. It
- [Do you still need an estate plan if you're young?](https://www.trustedattorneys.com/do-you-still-need-an-estate-plan-if-youre-young/) - While the definition of “estate plan” varies widely and the meaning of “young” is extremely relative, the answer to the question is a resounding YES! If you are over the age of 18, you need to engage in some form of estate planning. Proactively planning for incapacity While some pieces of an estate plan control
- [Personal injury in older adults](https://www.trustedattorneys.com/personal-injury-in-older-adults/) - As you may suspect or know, older people can be more prone to certain injuries. One type of injury that falls into this category is a head injury. I had an elderly client, in a fairly small motor vehicle, stopped at a red light. A very large SUV made a left but cut the turn too
- [Recognizing undue influence in estate planning](https://www.trustedattorneys.com/recognizing-undue-influence-in-estate-planning/) - Estate planning is an important and necessary endeavor for everyone, especially for your family members who are vulnerable due to cognitive deficit, physical frailty, or isolation. Those vulnerabilities may lead to manipulation of the individual by someone not interested in their well being or wishes. The manipulator may be able to defraud your family member
- [Advantages of irrevocable “gifting” trusts](https://www.trustedattorneys.com/advantages-of-irrevocable-gifting-trusts/) - Individuals often wish to make lifetime gifts to their loved ones as part of their estate plan. They frequently desire to make direct gifts to their beneficiaries because it is less complex than creating and utilizing a Trust. However, a properly structured Irrevocable “Gifting” Trust is a better way to preserve and maximize assets for
- [What you can do now to avoid probate later](https://www.trustedattorneys.com/what-you-can-do-now-to-avoid-probate-later/) - One of the most fundamental estate planning documents is the Last Will & Testament. In a Will, the creator, or testator, can appoint an executor to settle the affairs of the estate, which includes, among other things, paying expenses and distributing assets to beneficiaries. Notwithstanding all the directions that can be included in a Will,
- [The value of a second opinion from a personal injury attorney](https://www.trustedattorneys.com/the-value-of-a-second-opinion-from-a-personal-injury-attorney/) - So, what if someone turns down your car accident case? I have a client who was in a car accident. She was driving a car, going straight and the other vehicle made a left turn in front of her. The other vehicle said it had a green arrow, and my client said she had a
- [The importance of choosing the right agent for a healthcare proxy](https://www.trustedattorneys.com/the-importance-of-choosing-the-right-agent-for-a-healthcare-proxy/) - You never know when a serious illness or accident will occur; hence, the importance of having a health care proxy. Equally important is your choice of an agent to make health care decisions on your behalf if you should become incapacitated. About the Health care Proxy Law In the State of New York, the Health
- [What documents convey my wishes when I cannot?](https://www.trustedattorneys.com/what-documents-convey-my-wishes-when-i-cannot/) - There are times in our lives when we cannot convey our wishes as well as we would like. Perhaps a car accident, fall or illness led to a brain injury that leaves us in a coma or unable to communicate. Whatever the reason for the inability to share our wishes, we can take steps to
- [Do you need a plan to cover future nursing home costs?](https://www.trustedattorneys.com/do-you-need-a-plan-to-cover-future-nursing-home-costs/) - Financial advisors long told people that a million dollars would be enough to fund their retirement, but that is not always the case. There are some individuals who will require far more support and incur far more expenses during their golden years than others. Living in a nursing home is a perfect example. When older
- [Injuries can develop after an accident](https://www.trustedattorneys.com/injuries-can-develop-after-an-accident/) - When you suffer from a personal injury, it can be tempting to take legal action immediately. However, your initial injuries could appear smaller, but then grow with time. It’s best to wait until you know the extent of your injuries, so you get the total compensation you deserve. I have an example of this from
- [Different types of estate proceedings: small estates, probate and administrations](https://www.trustedattorneys.com/different-types-of-estate-proceedings-small-estates-probate-and-administrations-2/) - 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 variety of factors. Here are some important questions to
- [How the Senior Safe Act could help protect an elder's assets](https://www.trustedattorneys.com/how-the-senior-safe-act-could-help-protect-an-elders-assets/) - Congress passed the Senior Safe Act in 2018 to help prevent financial exploitation of older U.S. citizens. As noted by AARP, the Act encourages employees of financial institutions to report suspicions of elder abuse. A review of a senior's account history and recent transactions may uncover unusual spending habits. The unfamiliar financial activity could reflect
- [How Needs are Assessed for Medicaid Long Term Care Eligibility](https://www.trustedattorneys.com/how-needs-are-assessed-for-medicaid-long-term-care-eligibility/) - Despite thoughtful retirement planning, many people struggle to pay for long-term care in their later years. Individuals may have generous pensions, social security, and retirement funds, but find that the cost of home care or nursing home care can quickly exhaust their resources. Medicaid is a joint federal/state program. New York has incorporated and contributes
- [What is the Excess Income program?](https://www.trustedattorneys.com/what-is-the-excess-income-program/) - Medicaid has restrictions that prevent certain income levels from qualifying. However, Medicaid offers a program called the Excess Income program. Otherwise known as the Surplus Income program or Spenddown program, the goal is to provide Medicaid for people who have medical bills equal to their excess income in a particular month. Excess income is any
- [What can you expect from TBI treatment?](https://www.trustedattorneys.com/what-can-you-expect-from-tbi-treatment/) - Experiencing a traumatic brain injury can affect your entire life. Your road to recovery depends on the diagnosis and severity of your injury. According to the National Institutes of Health, various treatments may eliminate different emotional, physical and cognitive problems from traumatic brain injuries. Your physician may prescribe medication and rehabilitation therapy. Types of medications
- [Do you know how to pick a nursing home?](https://www.trustedattorneys.com/do-you-know-how-to-pick-a-nursing-home/) - As you and your spouse age, or your parents begin to age, you should consider that there may be a need for a nursing home. Finding a quality facility can take some time and you may want to begin looking early. Before you start searching for a nursing home, you should consider your insurance. The
- [Different types of estate proceedings: small estates, probate and administrations](https://www.trustedattorneys.com/different-types-of-estate-proceedings-small-estates-probate-and-administrations/) - 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 variety of factors. Here are some important questions to
- [Recovery of damages from Long Island car crash - case study](https://www.trustedattorneys.com/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 three-cars back caused a chain reaction crash. Since his
- [Can I sue my spouse in a car accident in New York?](https://www.trustedattorneys.com/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 for it? Insurance companies must make a “spousal rider”
- [Medicare updates for 2022](https://www.trustedattorneys.com/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 Services (inpatient) Hospital deductible $1,556/deductible per illness Daily co-insurance Days 1-60 - $0 coinsurance Days 61-90 -
- [Age and safe driving from a personal injury attorney](https://www.trustedattorneys.com/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 action. Perception - eyesight begins to diminish as early as our 40s.
- [Updated 2022 Medicaid regional rates](https://www.trustedattorneys.com/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 transferring of a Medicaid applicant’s assets. A transfer penalty
- [New York estate tax update for 2022](https://www.trustedattorneys.com/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 $12,060,000.00. This is an increase from $11,700,000.00
- [Eyewitness case example from a long island personal injury attorney](https://www.trustedattorneys.com/eyewitness-case-example-from-a-long-island-personal-injury-attorney/) - I represented an attorney who was injured in a car accident. She was making a left turn when her car was struck violently by a car who was speeding with no headlights on (it was dark out), who left the scene of the accident. The other car was going straight and would normally have the right
- [How can you address estate planning with your parents?](https://www.trustedattorneys.com/how-can-you-address-estate-planning-with-your-parents/) - Do your parents’ have an estate plan? Most people do not want to think about something happening to their parents, but it is something you need to think about and plan for, particularly with aging parents. According to Money Crashers, only 42% of Americans have a Last Will and Testament. When talking to your parents
- [Oral claim for one-third of an estate hits snag in court](https://www.trustedattorneys.com/oral-claim-for-one-third-of-an-estate-hits-snag-in-court/) - The passing of a loved one is not an easy transition and many experience financial troubles on top of the grief. While family members are the usual people dealing with this stressful period, close friends and companions are just as susceptible. In the event that these friends feel owed some portion of the estate, this
- [Witness value from a personal injury attorney](https://www.trustedattorneys.com/witness-value-from-a-personal-injury-attorney/) - The value of an independent eyewitness cannot be overstated. If you are in an accident, get identifying information on any witnesses – name, phone number, address. See if they will wait for the police and if so, have the police take their information and their statement. A non-party to an accident is not considered to
- [3 things to know when naming a health care proxy](https://www.trustedattorneys.com/3-things-to-know-when-naming-a-health-care-proxy/) - Without warning, serious illness or injury may strike, leaving people unable to make medical decisions for themselves. Who will speak up for them when they cannot give voice to their wishes? As part of their estate plans, many people create advance care directives, which may include naming a health care proxy. Choosing someone to speak
- [What should I know about a pour-over will?](https://www.trustedattorneys.com/what-should-i-know-about-a-pour-over-will/) - The complexities of estate planning can sometimes result in mistakes. For example, some people create a trust to provide for their heirs only to forget to fund the trust. If you fail to fund your trust with your assets, it will have nothing to distribute to your beneficiaries. A pour-over will help you avoid this
- [Avoid these mistakes with your important records](https://www.trustedattorneys.com/avoid-these-mistakes-with-your-important-records/) - A well-crafted estate plan ensures that your final wishes are carried out and your estate distributed to the heirs you have chosen. However, mistakes can derail the best-laid plans. You may feel good about your Last Will & Testament, but you should also be confident that you have accurate personal and financial records. U.S. News
- [Three documents you should have in your estate plan](https://www.trustedattorneys.com/three-documents-you-should-have-in-your-estate-plan/) - An estate plan offers people a way of protecting their wishes when they are no longer able to act on their own behalf. With proper planning, an estate plan can keep your loved ones from guessing what you wanted after your passing and also prevent any disputes over your estate. More than half of all Americans do
- [Ageism as a form of discrimination](https://www.trustedattorneys.com/how-does-ageism-impact-the-elderly/) - Discrimination based on age (“ageism”) is usually not viewed with the same seriousness as other forms, such as racism and sexism. However, demographics show that 42% of the United States’ population is over the age of 45. On average, 10,000 baby boomers turn 65 every day. Unfortunately, ageism is real and can have a negative
- [Remembering 9/11](https://www.trustedattorneys.com/remembering-9-11/) - Few events impacted the United States and the rest of the world more than September 11, 2001. And although the events that would unfold were felt across the globe, they had an extremely personal and lasting effect on New York City and the surrounding areas. A testament to the resilience of Americans Although the attacks
- [Why I became a personal injury attorney (Part 2)](https://www.trustedattorneys.com/why-i-became-a-personal-injury-attorney-part-2/) - I no longer practice medical malpractice, I contain my practice to personal injury (I do refer out viable cases in the malpractice area) but when I did, I handled the case which spoke to my heart. In my last blog, I discussed why I became a personal injury attorney. A friend referred a case of
- [Why am I a personal injury lawyer?](https://www.trustedattorneys.com/why-am-i-a-personal-injury-lawyer/) - The facts of everyone’s life frame who they become. When I was six years old, my father developed rheumatoid arthritis. He was 33. I watched my young, strong, athletic father lose his ability to walk over three years. First slower, then with a cane and finally, he needed a wheelchair. At that time (1971), hip
- [Lawyers need personal injury attorneys also](https://www.trustedattorneys.com/lawyers-need-personal-injury-attorneys-also/) - One of the things of which I am proud, is that other attorneys hire me to represent them in personal injury cases. A worker’s compensation attorney was making a left turn when she was struck by a speeding vehicle proceeding straight, in the dark, without headlights. Usually, the left turn vehicle must yield to the
- [Ask these 2 questions before choosing a nursing home](https://www.trustedattorneys.com/ask-these-2-questions-before-choosing-a-nursing-home/) - When the time comes to move a parent into a New York nursing home or assisted living facility, the budget may play a key role in where your parent ends up. However, using a budget alone to select a nursing home for your mother or father may expose your parent to unfavorable conditions, short-staffed facilities
- [Benefits single adults may obtain from health care directives](https://www.trustedattorneys.com/benefits-single-adults-may-obtain-from-health-care-directives/) - Independent single older adults may grow accustomed to self-sufficiency and taking care of themselves. By creating an advance health care directive, they may maintain their independence. The directive provides health care practitioners with instructions for preferred medical treatments. As reported by MSN Money, single older adults may grant a trusted individual permission to oversee their
- [Bicycle cases from a personal injury lawyer’s perspective](https://www.trustedattorneys.com/bicycle-cases-from-a-personal-injury-lawyers-perspective/) - Bicycle accidents are not like motorcycle accidents for coverage purposes, they are more like “pedestrian knockdowns”. When a bicyclist or pedestrian is struck by a vehicle, the vehicle pays the medical bills and lost wages under no fault (there may also be excess coverage available under the injured person’s own automobile coverage). The vehicle is also responsible
- [How may a generation-skipping trust benefit your family?](https://www.trustedattorneys.com/how-may-a-generation-skipping-trust-benefit-your-family/) - You have spent years saving up money for your children, but now that you have grandchildren, you want to provide for them as well. Some families in this situation believe the only way their grandchildren receive an inheritance is through their children first. This is where a generation-skipping trust may offer an alternative option. Smart
- [Motorcycle accidents from a personal injury lawyer’s perspective](https://www.trustedattorneys.com/motorcycle-accidents-from-a-personal-injury-lawyers-perspective/) - Some of my most devastatingly injured clients are those operating motorcycles. Obviously, there is nothing to protect the operator from the impact received. Motorcycles cannot carry no fault and so any medical bills are paid by personal health insurance. The other car is not responsible for that which no fault would have covered if you
- [Personal injury law case study](https://www.trustedattorneys.com/personal-injury-law-case-study/) - As you can see from my blogs, personal injury cases are not only motor vehicle-related. If you are injured from any occurrence, you should consult with a personal injury attorney to see if there is a way for you to obtain compensation. You should also try to ensure that the attorney you hire practices in
- [Personal injury lawyer discusses case](https://www.trustedattorneys.com/personal-injury-lawyer-discusses-case/) - Of course, many times, I get an interesting case. An elderly woman was referred to me by another attorney. She lives in a condominium in Suffolk County. Whenever the weather was cold, icicles would form at the juncture of the roof. One day, as she exited her home, a large icicle fell, hit her, causing her
- [New law makes establishing a power of attorney easier](https://www.trustedattorneys.com/new-law-makes-establishing-a-power-of-attorney-easier/) - New Yorkers who want to establish a power of attorney, a popular estate planning tool, soon will be able to more easily. On June 13, a new law goes into effect, simplifying and improving New York’s power of attorney form. Most elder law advocates feel that having a power of attorney document in place is
- [Personal injury attorney perspectives on motor vehicle coverage (continued)](https://www.trustedattorneys.com/personal-injury-attorney-perspectives-on-motor-vehicle-coverage-continued/) - In my last blog, I discussed bodily injury coverage, today is my favorite coverage – SUM (supplemental uninsured/underinsured motor vehicle coverage). This is something you will receive notice of, in writing, from your insurance company but they will rarely bring it up. Why? Because it is not a money-maker for them, but it can be
- [Medicaid lookbacks will change soon in New York](https://www.trustedattorneys.com/medicaid-lookbacks-will-change-soon-in-new-york/) - On April 7, 2020, New York State made changes to the qualification rules with respect to community Medicaid benefits (e.g., home health aides). The new law now imposes a 30-month financial lookback for individuals applying for community Medicaid benefits. This law changes the prior law which did not impose any financial lookback to receive these
- [What do you know about planning for Medicaid?](https://www.trustedattorneys.com/what-do-you-know-about-planning-for-medicaid/) - As you get closer to the age of retirement, you may look more into programs like Medicaid. You know the cost of aging may spiral out of control faster than you realize, and you want to make the transition easier and affordable. The CPA Journal explores common Medicaid planning questions you may have. Learn about
- [Planning for estate taxes](https://www.trustedattorneys.com/planning-for-estate-taxes/) - Past posts on this blog touched upon the fact that a potential tax liability is an expense that you should include in your estate plans. Indeed, you could potentially face a tax liability from both the New York state government and the federal government. Like you, many others in the estate planning process resign themselves
- [Personal injury attorney advice on motor vehicle insurance coverage](https://www.trustedattorneys.com/personal-injury-attorney-advice-on-motor-vehicle-insurance-coverage/) - In my last blog, I discussed no fault coverage. Here, some other aspects, specifically bodily injury (BI) and how it relates to my favorite coverage, supplemental uninsured/underinsured coverage (SUM) will be explained. When people buy auto insurance, they usually think of the amount of coverage they will have if they injure someone. The amount of
- [Who are the key figures in your estate plan?](https://www.trustedattorneys.com/who-are-the-key-figures-in-your-estate-plan/) - When you create your estate plan, you will focus on many different components at a given time. For example, your will and trust are two separate pieces that will require their own time and attention. One overall category of importance are the key figures in your will. You will find them scattered throughout, and all
- [Insurance coverage perspective from a personal injury lawyer](https://www.trustedattorneys.com/insurance-coverage-perspective-personal-injury-lawyer/) - In a previous blog, I mentioned automobile insurance coverage. When I give seminars, I usually include this topic. This is an important topic I discuss with my clients. Why? Because all motor vehicle owners must have insurance, but not many people know what they are buying. Insurance company commercials only speak about cost – but you buy insurance
- [Does Medicare pay for nursing home stays?](https://www.trustedattorneys.com/does-medicare-pay-for-nursing-home-stays/) - Planning for where your loved one will live in his or her last years is often a very fraught decision. One of the things that many families concern themselves with is how much a nursing home costs. Some Americans believe that Medicare will cover their nursing home stays as they age. However, this is not
- [How do first - and third-party special needs trusts differ?](https://www.trustedattorneys.com/how-do-first-and-third-party-special-needs-trusts-differ/) - When you have a child with special needs, you may need to take extra steps when working on your estate plan so that you may preserve your child's eligibility for government help. Your child’s ability to collect certain types of benefits, such as Medicaid or Supplemental Security Income, depends on the value of the assets
- [Personal injury from a motor vehicle accident, case story](https://www.trustedattorneys.com/personal-injury-from-a-motor-vehicle-accident-case-story/) - A gentleman was referred to me for injuries sustained in an automobile accident. He was in the first car of a four-car chain reaction. His car did not sustain much damage, but his complaints grew over time. First, he had headaches and then memory and other problems grew. His pain also grew and became unmanageable.
- [When should you update your will?](https://www.trustedattorneys.com/when-should-you-update-your-will/) - A will is one of the most important documents to include in your estate plan. In its most basic form, a will dictates how to divide your assets after you die. Without a will, the American Bar Association states that who receives your property after your die could be up to the descent and distribution
- [Why single people need planning too!](https://www.trustedattorneys.com/why-single-people-need-planning-too/) - It is important for a single person to undertake long term health care and estate planning. Most single persons think planning is just for couples. It’s not surprising; the law has always been predisposed to the traditional family – spouses and children. New York’s intestacy laws (how the blood line takes when there’s no Last
- [The importance of having an advance healthcare directive](https://www.trustedattorneys.com/the-importance-of-having-an-advance-healthcare-directive/) - Planning for the future is important. However, more people plan for financial reasons than for medical ones. An advance healthcare directive gives directions regarding health and medical care if you are in a state in which you are unable to make these decisions. Purpose of the advance directive According to The New York State Office
- [Personal injury from a car accident](https://www.trustedattorneys.com/personal-injury-from-a-car-accident/) - This is what happens after the day of the car accident. If you hired a personal injury attorney, your attorney will obtain a copy of the police report and will file the no fault application on your behalf. In most cases, that must be filed within 30 days of the accident. Your job is to
- [Will Medicaid exempt your parent’s home?](https://www.trustedattorneys.com/will-medicaid-exempt-your-parents-home/) - You may have heard that if your parent owns a home but requires nursing home care, Medicaid will consider the home an asset. The more assets your parent has, the less likely Medicaid will help cover the cost of long-term care. The good news is that this is not true for many people. In most
- [Is it the nursing home, or my mother?](https://www.trustedattorneys.com/is-it-the-nursing-home-or-my-mother/) - You love your mother and want her to be happy, which is part of the reason why you did a lot of research and selected the very best nursing home for her needs. However, what do you do if your mother calls you up with a litany list of complaints against the nursing home? The
- [Reducing the risks of identity theft for the elderly](https://www.trustedattorneys.com/reducing-the-risks-of-identity-theft-for-the-elderly/) - Identity theft can take away everything a person has worked so hard to build and replace it with uncertainty and fear. Seniors face a higher risk of identity theft because many have diminished mental function and do not recognize warning signs until it is too late. Families of elderly people can play a detrimental role
- [What do I do when I’m in a car accident?](https://www.trustedattorneys.com/what-do-i-do-when-im-in-a-car-accident/) - Just in a car accident? Here is what you should do. Don’t panic. Call 911. Have the police come to the scene. If you are hurt, have an ambulance take you to the hospital. If it is safe, then here are helpful steps once you call the police. Take photos of the accident scene and
- [Do I need to hire a personal injury attorney after a car accident?](https://www.trustedattorneys.com/do-i-need-to-hire-a-personal-injury-attorney-after-a-car-accident/) - The short answer is no, but the real answer is YES. The person you hire should be an attorney that specializes in personal injury. Many attorneys think they can handle a car accident, that it's easy, but I assure you it is not. Someone who does not specialize will not know all the nuances, be
- [How can seniors prevent falls?](https://www.trustedattorneys.com/how-can-seniors-prevent-falls/) - You may know that falls can be especially hazardous to your health. You need to make sure that you take certain steps to decrease your chances of falling. Fall prevention may be easier than you realize. Make sure your home is safe According to the Mayo Clinic, one simple thing you can do is make
- [What information should you get after a car accident?](https://www.trustedattorneys.com/what-information-should-you-get-after-a-car-accident/) - A car accident can lead to serious injuries and emotional trauma. These injuries can make it difficult to work, go to school, take care of your basic needs and participate in activities you enjoy. According to the National Highway Traffic Safety Administration, in 2019 in the U.S., 36,096 people died in car crashes. If you
- [What traits do good executors share?](https://www.trustedattorneys.com/what-traits-to-good-executors-share/) - As a New York resident, you dedicate yourself to the creation and maintenance of your estate. Your estate plan should hold equal importance, especially as it is crucial for your loved ones. Thus, you need to start off with a strong foundation. This means selecting an executor you can rely on. But how do you
- [The potential effects of the Secure Act on your retirement plans](https://www.trustedattorneys.com/the-potential-effects-of-the-secure-act-on-your-retirement-plans/) - The year 2020 presented financial challenges for people all across America. This year, even the wealthy had to reconsider how they managed their money. The Secure Act made changes to how IRAs worked and how they interacted with trusts. CNBC explained that see-through trusts could no longer stretch IRA distributions. It also advised IRA owners who named
- [Can we protect seniors from financial abuse?](https://www.trustedattorneys.com/can-we-protect-seniors-from-financial-abuse/) - Most seniors spend the majority of their adult lives in school and working so they can retire comfortably. Unfortunately, health deteriorates as people get older. In some cases, your loved ones may lose autonomy over finances and other key aspects of their lives. The persons in charge often abuse this power to enrich themselves at
- [What should I include in my advance health care directives?](https://www.trustedattorneys.com/what-should-i-include-in-my-advance-health-care-directives/) - When drafting your advance directives, you may look over pre-made documents that most people use. You may also receive a lot of advice from religious leaders or your doctor on what you can include. However, you have no obligation to tackle every medical issue that may arise. You may choose the issues most important to
- [Talk to your parent about their estate plan before it’s too late](https://www.trustedattorneys.com/talk-to-your-parent-about-their-estate-plan-before-its-too-late/) - As parents get older, there is often a shift from them taking care of their children to their children taking care of them. If this is an arrangement you suspect could be in your future, you may need to have some uncomfortable conversations with them. For instance, talking to your parent about an estate plan
- [Grandchildren and your estate plan](https://www.trustedattorneys.com/grandchildren-and-your-estate-plan/) - If you are preparing to set up an estate plan, or you already have a plan in place, there are various factors you need to think about if you have grandkids. For example, many grandparents have to make difficult decisions regarding the distribution of their estate's assets. Moreover, some who take care of their grandkids
- [What is a lookback period?](https://www.trustedattorneys.com/what-is-a-lookback-period-for-medicaid/) - When your parents get older and need more care, you likely will begin investigating how much it costs to live in an assisted-living facility or nursing home in New York. Very quickly, you’ll realize your parents’ nest egg may not cover the high costs. A month in a nursing home can cost up to $18,000
- [5 reasons why every new parent needs a will](https://www.trustedattorneys.com/5-reasons-why-every-new-parent-needs-a-will/) - When you are expecting a child, you know your life is about to face a major adjustment. You’ve been preparing for months: setting up a crib and nursery, reading books about caring for a newborn and stocking up on essential baby supplies. But there’s another important preparation you and your spouse shouldn’t neglect as you
- [Key considerations when drafting a living will](https://www.trustedattorneys.com/key-considerations-when-drafting-a-living-will/) - No one wants to think about medical emergencies, but there are certain situations in which you may not be able to make your wishes known with regard to the medical care you receive. A living will is a powerful estate planning tool that allows you to outline your thoughts and preferences when it comes to
- [Who will make your medical decisions if you can’t?](https://www.trustedattorneys.com/who-will-make-your-medical-decisions-if-you-cant/) - In an ideal world, you can make all of your own medical decisions as you age so that you get exactly the care that you want. Unfortunately, the world is often far less than ideal. You may not be able to make all of those decisions. Say, for instance, that you suffer a stroke. It
- [Benefits of adding a trust to your estate plan](https://www.trustedattorneys.com/benefits-of-adding-a-trust-to-your-estate-plan/) - New York residents can protect their estate using a variety of financial tools. Although having a will can reduce probate costs and ensure the distribution of your property, it may not meet all your needs. We often help clients establish trusts as part of a comprehensive estate plan. According to Fiduciary Trust International, a revocable
- [What are potential signs of undue influence?](https://www.trustedattorneys.com/what-are-potential-signs-of-undue-influence/) - New York residents like you work hard to ensure that your estate provides you with everything you need in life. Going a step beyond that, you want to ensure that it provides for your loved ones after your death, too. Thus, you want to ensure that your estate plan makes it intact to the next
- [How can you transfer your business through your estate plan?](https://www.trustedattorneys.com/how-can-you-transfer-your-business-through-your-estate-plan/) - New York business owners like you want to ensure your business stays strong after you pass it on. Because of that, you should be putting time and effort into crafting a good succession plan. You can include this in your estate plan. It is the place to address matters like business succession and transfer. The
- [Medicaid limits in New York](https://www.trustedattorneys.com/medicaid-limits-in-new-york/) - If your parent needs long-term care, he or she may qualify for Medicaid. However, New York has income and asset limits in place that affect eligibility. Learn more about the financial qualifications for New York Medicaid for seniors who need nursing home assistance. Income limits A single individual who needs nursing home care must have
- [What people need to know about living wills and health care proxies in New York](https://www.trustedattorneys.com/what-people-need-to-know-about-living-wills-and-health-care-proxies-in-new-york/) - Responsible aging New York residents may believe they have completed their estate planning when they have drawn up a will and designated how their assets will be distributed. In truth, however, this is only part of planning for the future. It is wise to prepare for a potentially serious health condition. Individuals of any age
- [New state program engages the office of the LTCOP](https://www.trustedattorneys.com/new-state-program-engages-the-office-of-the-ltcop/) - The elderly face many obstacles as they age and their physical and mental capabilities decrease. For those living in assisted living facilities, they often must rely on beneficial regulations and agencies that support their best interests and welfare. A new New York program shows potential for improving the lives of seniors. The features of the
- [Do major life changes affect your estate plan?](https://www.trustedattorneys.com/do-major-life-changes-affect-your-estate-plan/) - New York residents like you create an estate plan. Then what? You may think just creating the plan is enough. But in reality, you need to keep your plan updated constantly. It must reflect your life in the most accurate way at any stage in it. To do this, you need to keep your plan
- [NYS Department of Health Announced Conditions for Re-Opening Visitation in NHs and Adult Care Facilities](https://www.trustedattorneys.com/re-opening-visitation-in-nhs-and-adult-care-facilities/) - On July 10, 2020 the NYS State Department of Health issued advisories to NH (NH) and adult care facilities (ACF) operators and administrators to permit outside visitation and limited indoor visitation for facilities in PHASE 3 regions when certain conditions are met. NHs are subject to more extensive requirements and limitations. Limited visitation in NHs may
- [Why might you need Medicaid?](https://www.trustedattorneys.com/why-might-you-need-medicaid/) - The Medicaid program can provide you with benefits and coverage that you may not get through other health insurance you have, including Medicare. According to Medicaid.gov, your eligibility for this program depends on your income level because it is only for low-income individuals. The program is available to people of all ages, but it has some
- [What you should know about the probate process](https://www.trustedattorneys.com/what-you-should-know-about-the-probate-process/) - Whether you have recently lost a close friend or loved one, or you are getting ready to organize an estate plan, it is critical to know about the New York probate process. The last will and testament can be an integral part of determining whether an estate must go through the probate process, according to
- [Headed into retirement? Consider your estate plan](https://www.trustedattorneys.com/headed-into-retirement-consider-your-estate-plan/) - As one phase of your life is wrapping up and you prepare to enter another, you probably have a lot of questions. You may be looking for a new place to live or new hobbies as you exit the workforce, but this time of transition is also great for looking at your estate plan, whether
- [What’s the best way to pay for nursing home care?](https://www.trustedattorneys.com/whats-the-best-way-to-pay-for-nursing-home-care/) - Even though it’s difficult to think about, there may come a point in your future when you need to spend time in a nursing home. And for that reason, you need to prepare as far in advance as possible. By doing so, you’ll give yourself peace of mind. It’s important to have a clear idea
- [How do you know you've picked a good estate executor?](https://www.trustedattorneys.com/how-do-you-know-youve-picked-a-good-estate-executor/) - New York residents like you work hard to build your assets up. You want to make sure your loved ones get the care they need after you pass. To do that, you need an estate plan. One of the first and most crucial components of this plan is your estate executor. This person will act
- [Answers to your health care proxy questions](https://www.trustedattorneys.com/answers-to-your-health-care-proxy-questions/) - Naming a health care proxy is an important part of the end-of-life planning process. A health care proxy is a trusted friend or family member who receives your permission to make health care decisions on your behalf if you can no longer do so. These are the most common questions people have about establishing a
- [Free Contactless Consultations And In Person Meetings Now Available](https://www.trustedattorneys.com/contactless-consultations-and-in-person-meetings-now-available/) - Free contactless consultations and in person meetings are now available and we remain available via telephone, videoconference and email. We now offer different options to keep all of our clients comfortable including out of the office telephone meetings and videoconference and in the office face-to-face meetings as well as contactless consultations in the office with
- [When to review your estate plan](https://www.trustedattorneys.com/when-to-review-your-estate-plan/) - To many residents in New York, an estate plan is something that only old people need, or that only very wealthy people need. Both of these assumptions are quite incorrect. There are many facets to an estate plan that make it important for people of all ages and means to have. From identifying who will
- [Could debt affect your heirs?](https://www.trustedattorneys.com/could-debt-affect-your-heirs/) - Debt does not easily go away when you die. In fact, part of the probate process will involve settling your debts. This could spell trouble for your heirs if they expect to inherit significant assets from you, and you failed to protect those assets. According to CNBC, when you owe debts upon your death, the
- [Why New York’s 2020 Medicaid changes matter to your estate plan now](https://www.trustedattorneys.com/why-new-yorks-2020-medicaid-changes-matter-to-your-estate-plan-now/) - It can be tempting to think of an estate plan as something for the far-off future. A plan that you hope you won’t need for some time. However, it’s important to remember that the financial decisions you make every day affect the assets that will make up that estate plan. On April 3, 2020, the
- [What should you think about when writing a living will?](https://www.trustedattorneys.com/what-should-you-think-about-when-writing-a-living-will/) - A living will is another name for an advance health care directive. It allows you to give instructions about the care and treatment you want to receive in the event of an injury or illness that leaves you incapacitated. It may be unpleasant to think about the prospect of a living will at first, but
- [Important Topical Estate Planning and Elder Law Updates](https://www.trustedattorneys.com/important-topical-estate-planning-and-elder-law-updates/) - Attorneys Jaclyn Kramer and Wayne Carrabus presented a webinar on important topical estate planning and elder law updates. There is a lot of misinformation on social media and this webinar was offered to educate people on how to best protect themselves and their family from a legal and financial perspective. They addressed the new Medicaid
- [Do all estates enter the probate process?](https://www.trustedattorneys.com/do-all-estates-enter-the-probate-process/) - Whether you are getting your affairs together and planning your estate or you have recently lost a close friend or loved one, it is important to understand the steps of estate administration and the probate process. The probate process is designed to ensure that the last will and testament left behind by the deceased is valid. It
- [Will my parents have to sell all their assets to get Medicaid?](https://www.trustedattorneys.com/will-my-parents-have-to-sell-all-their-assets-to-get-medicaid/) - Medicaid is a federal program that provides additional coverage for seniors who have a low income. These additional services can help your parents pay for their long-term care needs, such as nursing facility costs. It also covers items that Medicare does not, such as eyeglasses and hearing aids. Qualifying for Medicaid requires meeting specific income
- [Ron Lanza Interview Featured In Long Island Press](https://www.trustedattorneys.com/long-island-press-interview/) - Ron Lanza was interviewed about his elder law and estate planning law firm practice, legal misperceptions, the importance of technology and how the firm has evolved in an article in the April issue of Long Island Press. Custom Computer Specialists sponsors this monthly spotlight on Long Island Businesses and we appreciate being featured.
- [Important steps after a cancer diagnosis](https://www.trustedattorneys.com/important-steps-after-a-cancer-diagnosis/) - Over the last few decades, the survival rate for cancer patients has improved for many forms of cancer. This, however, does not negate the reality that cancer continues to be the cause of death for many individuals regardless of how long they live after their initial diagnosis. For this reason, assessing one's financial and estate
- [What all goes into a DNR order?](https://www.trustedattorneys.com/what-all-goes-into-a-dnr-order/) - A Do Not Resuscitate order may seem like a grim subject, but for many it can be a great tool of control in later years. Should the worst happen, medical professionals will avoid saving your life at every cost, respect your wishes, and allow nature to take its course. It might be scary, but it
- [2020 changes underway for state Medicaid funding](https://www.trustedattorneys.com/2020-changes-underway-for-state-medicaid-funding/) - All across America, many people rely on Medicaid for health care. To receive funding, the federal government disburses funds to state governments that then pass it on to those who need it. The federal government has been hinting at potential changes to this process for several years now. In 2018, CNBC reported on potential rollbacks
- [Estate planning details to discuss with your elderly parents](https://www.trustedattorneys.com/estate-planning-details-to-discuss-with-your-elderly-parents/) - As your parents age, it’s natural to have questions and concerns about their estate plan. And not because of the impact on you, but rather the fact that they could make a mistake or overlook a detail that causes them trouble. Although every person is in a different situation in regard to estate planning, here
- [A parent's estate plan may preserve an adult child's finances](https://www.trustedattorneys.com/a-parents-estate-plan-may-preserve-an-adult-childs-finances/) - Preserving a family's assets generally requires careful planning and preparation to prevent an elderly parent from running out of funds in the future. Adult children may otherwise find themselves dipping into their own savings or retirement plans to provide financial support for their parents' housing, living expenses or medical care. Because older adults may no
- [Does my loved one need a nursing home or assisted living?](https://www.trustedattorneys.com/does-my-loved-one-need-a-nursing-home-or-assisted-living/) - As they age, New York residents may find they need more assistance with day-to-day tasks. While family and friends help when they can, it may not be enough to tackle household chores and daily maintenance. If their quality of life begins to suffer, many seniors choose to move into a community residence. Nursing homes provide
- [Income Tax Rates for Trusts and Estates 2019](https://www.trustedattorneys.com/income-tax-rates-for-trusts-and-estates-2019/) - Update: Here are the 2020 income tax rates for trusts and estates The IRS has enacted revenue procedure 2018-57 which updates rules in the tax code, which updates include regular adjustments for inflation. Included in these updates are adjustments to the 2019 tax brackets for estate and trust taxable income. Important note – estates and trusts
- [What happens if you die in New York without a will?](https://www.trustedattorneys.com/what-happens-if-you-die-in-new-york-without-a-will/) - If you fail to make a Last Will and Testament prior to your death, the laws of New York say that you died intestate. What this means is that New York law will determine not only your heirs, but also how much each of them inherits from you. The New York State Unified Court System
- [Have limited assets? Medicaid may pay for nursing home care.](https://www.trustedattorneys.com/have-limited-assets-medicaid-may-pay-for-nursing-home-care/) - Long-term care insurance is expensive; long-term care is even more so. Still, as New Yorkers age, having access to this service plays a crucial role in their retirement plans. Without it, they could lose their entire retirement savings in one expensive procedure and never recover financially. Chronic, long-term illness could also prove more than their
- [What is a revocable living trust?](https://www.trustedattorneys.com/what-is-a-revocable-living-trust/) - A revocable living trust is effective for people who are single, married, blended families and people who have beneficiaries with special needs in New York. Also, with the change in the law, it is effective for same sex couples as well. Basically, what you do is you make a contract with yourself where you play
- [The SECURE Act changes how heirs may inherit IRA plans](https://www.trustedattorneys.com/the-secure-act-changes-how-heirs-may-inherit-ira-plans/) - Many New Yorkers devote a good portion of their lives building wealth and saving a portion of it in a specialized account for retirement. Without comprehensive planning, however, heirs inheriting their retirement plans may find themselves liable for paying unexpected taxes. Congress recently passed the Setting Every Community Up for Retirement Enhancement Act, which changes
- [Estate plans address your retirement and health, not just death](https://www.trustedattorneys.com/estate-plans-address-your-retirement-and-health-not-just-death/) - When people think of estate planning, they most often think of a last will that outlines the financial legacy they want to leave behind. There is no question that a last will is an important component of an estate plan, but it is far from the only document a comprehensive estate plan should include. Your
- [What is a power of attorney?](https://www.trustedattorneys.com/what-is-a-power-of-attorney/) - Many people assume that estate planning is only for after your death, but that is not the case. A good estate plan will also account for what would happen if you were to suffer an illness or injury that made it impossible for you to communicate your wishes. Having a plan for a situation like
- [Planning for old age when single and childless](https://www.trustedattorneys.com/planning-for-old-age-when-single-and-childless/) - When most people think of seniors, they picture grandmas and grandpas bouncing their children’s children on their knees. This is a common reality for maybe most of New York’s elderly population. Still, it is not true for everyone. There are many seniors who either never married or whose spouses have already passed away. Some seniors
- [Estate planning as an older woman](https://www.trustedattorneys.com/estate-planning-as-an-older-woman/) - For older women, and all other adults, having an estate plan set up is very beneficial for various reasons. Not only does a will or trust offer protection in terms of one's estate and help ensure that assets are divided properly down the road, but it can give people peace of mind as well. However,
- [What health care documents help to protect me?](https://www.trustedattorneys.com/what-health-care-documents-help-to-protect-me/) - Health documents alone cannot protect people in New York. Still, they help to put measures in place that do offer some protection. How well you choose the people tied up with your documentation, whether you keep them updated and how carefully created they are, all determine effectiveness. According to Forbes, the first health care document you need
- [The importance of planning ahead after an Alzheimer’s diagnosis](https://www.trustedattorneys.com/the-importance-of-planning-ahead-after-an-alzheimers-diagnosis/) - If you have a family member who has been newly diagnosed with Alzheimer’s disease, you likely have witnessed its impact on your family. A diagnosis can spur a range of emotions, including confusion, anger, denial, fear and sadness. The cognitive symptoms of the disease are heart-wrenching and devastating. Alzheimer’s is a terminal, progressive disease that
- [How to prevent an adult child from wasting his or her inheritance](https://www.trustedattorneys.com/how-to-prevent-an-adult-child-from-wasting-his-or-her-inheritance/) - As a parent, you will always love your children. However, your children have grown into adults. They lead their own lives and must be accountable for their own actions. While some children develop into financially savvy adults, not every child does. Although you may want to leave your wealth to your children, you may have
- [What makes a will valid in New York?](https://www.trustedattorneys.com/what-makes-a-will-valid-in-new-york/) - Because of the general importance of an estate plan and a will to an estate plan, it is essential that a will is valid and that the estate planner is familiar with the requirements for a will to be valid. As such, estate planners should ensure they are familiar with how to draft and properly
- [The importance of Medicaid benefits](https://www.trustedattorneys.com/the-importance-of-medicaid-benefits/) - Medicaid benefits can be important for many families and older Americans. Medicaid is a federally mandated healthcare system for low-income Americans that is administered by the states. Medicaid is also funded by both the federal government and state governments. As of March 2018, greater than 67 million people were enrolled in Medicaid. Medicaid covers basic
- [What is an advance healthcare directive?](https://www.trustedattorneys.com/what-is-an-advance-healthcare-directive/) - An advance healthcare directive is an important part of an overall estate plan. It serves an important purpose estate planners should be aware of and they should also ensure all of their questions about an advance healthcare directive, and including one in their estate plan, are answered. An advance healthcare directive provides protection for estate
- [Knowing when to update an estate plan](https://www.trustedattorneys.com/knowing-when-to-update-an-estate-plan/) - Knowing when to update an estate plan is important to avoid estate planning errors and problems. Updating an estate plan as life changes is as important as ensuring the estate planner has all the components that an effective estate plan should have in place. As a result, estate planners should be aware of when to
- [How can a trust help you avoid probate?](https://www.trustedattorneys.com/how-can-a-trust-help-you-avoid-probate/) - When you pass away, you want your assets to go directly to the heirs you choose. But when you only have a will, your inheritance goes through a probate court. Probate can take a lot of time and is open to the public. If you don’t want your heirs to go through that, you can
- [What is a special needs trust?](https://www.trustedattorneys.com/what-is-a-special-needs-trust/) - Setting up a trust can be an important part of an effective estate plan. There are different types of trusts for estate planners to be familiar with which can help based on their unique situation and circumstances. One type of trust is a special needs trust for estate planners to ensure they understand and know
- [The value of having an advance health care directive](https://www.trustedattorneys.com/the-value-of-having-an-advance-health-care-directive/) - Planning for end-of-life is important to consider and can provide valuable peace of mind for the estate planner and their loved ones and family. Drafting an advance health care directive that reflects the wishes of the estate planner is useful, and understanding what an advance health care directive can do is beneficial. An advance health
- [You may still need a will with a trust-based estate plan](https://www.trustedattorneys.com/you-may-still-need-a-will-with-a-trust-based-estate-plan/) - For many people who are new to estate planning, the big question of concern is whether they should have a will-based estate plan or a trust-based estate plan. Both a will and a trust provide someone control over how assets get distributed after his or her death, although they work in different ways. Choosing a
- [How is Medicaid eligibility determined?](https://www.trustedattorneys.com/how-is-medicaid-eligibility-determined/) - Medicaid is a healthcare coverage program that is administered jointly by the federal government and the Government of New York State. It provides coverage to adults, children, elderlies and those with disabilities. According to federal laws, states are required to cover certain groups of individuals under this health program, based on certain parameters, in addition
- [Trusts as part of asset protection in New York](https://www.trustedattorneys.com/trusts-as-part-of-asset-protection-in-new-york/) - Sometimes, people in New York and other states see that assets that were acquired and maintained through years of hard work end up in state coffers after the death of the owner of those assets. Oftentimes, that happens due to inadequate estate planning. As many people may already know, trusts can be a means of
- [How to choose your health care proxy](https://www.trustedattorneys.com/how-to-choose-your-health-care-proxy/) - A health care proxy is someone that you authorize to make medical decisions on your behalf. Appointing a proxy can help ensure that you get the health care or medical attention you want or need, in the event that you are unable to communicate. A proxy will speak on your behalf in any situation that
- [What is New York's NHTD Medicaid Waiver program?](https://www.trustedattorneys.com/what-is-new-yorks-nhtd-medicaid-waiver-program/) - Like everyone else, elders in our society have the right to be in control of their lives, the right to take risks and overcome them and the right to learn from that experience. Sadly, advanced age often comes in the way and it becomes difficult for the elderly to perform even some of the most
- [Changes in your family life? Then change your estate plan too](https://www.trustedattorneys.com/changes-in-your-family-life-then-change-your-estate-plan-too/) - An estate plan is not something that people should look at once and then tuck away for safe-keeping, only to be used after they pass away. An individual's estate plan should change just as their family does. It reflects their wishes and instructions for their family, after all. However, it can be difficult to know
- [Trust basics and why some trusts should be irrevocable](https://www.trustedattorneys.com/trust-basics-and-why-some-trusts-should-be-irrevocable/) - Maybe you first heard of a trust from watching public broadcasting funded by the trust of what sounds like a very rich family. But trusts aren't just for the very wealthy. Almost everybody planning the future of their assets at least considers using a trust as tool to achieve their goals. The word "trust" makes
- [Seeking guidance for probate and estate administration](https://www.trustedattorneys.com/seeking-guidance-for-probate-and-estate-administration/) - A death in the family can be a terrible experience and it oftentimes takes a long time for the family to cope with the loss of the loved one. In addition to being a major emotional challenge, the death can also mean taking charge and making important decisions regarding the finances of the deceased. While
- [What is the New York State Partnership for Long-Term Care?](https://www.trustedattorneys.com/what-is-the-new-york-state-partnership-for-long-term-care/) - In the advanced stages of life, home care, nursing home care and living assistance are some of the various realities that many individuals and families need to deal with. These services are often expensive, which means that many people usually rely on federal and state government assistance to make sure that the final years of
- [What is Medicaid planning?](https://www.trustedattorneys.com/what-is-medicaid-planning/) - Long-term care costs often blindside those in retirement. Because of this, many turn to Medicaid to alleviate some of the financial burden of long-term care. Medicaid is a government health care program that can help with paying costly care expenses. However, Medicaid is a needs-based program that only applies to people with a limited amount
- [Advance health care directives recognized in New York](https://www.trustedattorneys.com/advance-health-care-directives-recognized-in-new-york/) - As many of our readers know, advance health care directives are legal documents meant to ensure that a person's wishes are fulfilled even when they are unable to make an independent decision due to advanced age or poor health. Three types of advance heath care directives are recognized in New York State: the New York
- [How do revocable and irrevocable trusts differ?](https://www.trustedattorneys.com/how-do-revocable-and-irrevocable-trusts-differ/) - There are many reasons to consider including a trust in your estate plan. However, some of the benefits and drawbacks of a trust will depend on the type of trust you choose. Typically, trusts will be either revocable or irrevocable, and if you are considering including a trust in your estate plan, it can be
- [Estate tax in New York](https://www.trustedattorneys.com/estate-tax-in-new-york/) - In addition to coping with the loss of a loved one, the surviving family members need to comply with certain legal and financial obligations related to the estate of the deceased individual. One such obligation is paying the taxes accrued against the estate of the deceased. According to current rules, the estate of a New
- [Understanding Medicaid Spend-Down](https://www.trustedattorneys.com/understanding-medicaid-spend-down/) - Medicaid is a program funded jointly by the federal and state governments. The federal government sets certain parameters that all states need to follow, but the actual administration of the program is managed by the state, which means that benefits and coverage for someone in New York may be different from the benefits and coverage
- [Keep Calm, Relax & Tax On Event](https://www.trustedattorneys.com/keep-calm-relax-tax-on-event/) - This was a networking event and a night of appreciation, recognition and relaxation for accountants, attorneys and other professionals for their hard work during tax season and all year round. This was a co-sponsored event with four Long Island law firms: Futterman, Lanza, Tenenbaum Law, Wisselman, Harounian & Associates and Tayne Law Group. The event
- [How to choose your health care agent](https://www.trustedattorneys.com/how-to-choose-your-health-care-agent/) - It can be hard to know who to trust in this life. When it comes to your health and healthcare, figuring out who to trust can become even more difficult. This means choosing a health care agent may be one of the most challenging decisions of your life. Your health care agent is responsible for
- [These common estate planning mistakes can be costly](https://www.trustedattorneys.com/these-common-estate-planning-mistakes-can-be-costly/) - When it comes to creating an estate plan, many New Yorkers feel overwhelmed. This is normal. There's a lot to account for in these plans. A solid estate plan is crucial to meeting all your goals. Leaving directives unclear or property unaddressed can be expensive mistakes. Ignoring digital assets As more of our lives go
- [Important first steps to consider when estate planning](https://www.trustedattorneys.com/important-first-steps-to-consider-when-estate-planning/) - Over the years, most New York residents accumulate numerous assets, and they often want to make sure that those assets get passed on to future generations. Commonly, people utilize estate planning in order to protect their assets and dictate how their property should be distributed after their deaths. Creating an estate plan can start simply and
- [Does creating a trust make sense for you?](https://www.trustedattorneys.com/does-creating-a-trust-make-sense-for-you/) - An estate plan can be created with a variety of different tools, but two of the most common options are a will and a trust. Most people are familiar with wills. You likely have heard of a trust, but may be unclear who should use a trust. Here are some of the benefits and drawbacks
- [Why you need a Medicaid plan](https://www.trustedattorneys.com/why-you-need-a-medicaid-plan/) - Planning for healthcare costs in retirement is important for everyone. If you are on or planning to be on Medicaid, planning ahead is even more important. Medicaid includes financial eligibility requirements, which is one of the big reasons it is so important to plan ahead. Not to mention that you shouldn't take anything for granted
- [What amount of assets could be kept for Medicaid eligibility?](https://www.trustedattorneys.com/what-amount-of-assets-could-be-kept-for-medicaid-eligibility/) - Many people know that nursing home care and other similar assistance is expensive. Of course, it is common for older individuals to need this type of care due to medical issues. When it comes to determining the best options for paying for care, some parties may wonder whether Medicaid may be able to help them.
- [Trusts 101: Do you need one?](https://www.trustedattorneys.com/trusts-101-do-you-need-one/) - There are many options to consider when creating an estate plan. So much so, that all the terms can get confusing. Wills. Trusts. Powers of attorney. It's so confusing that one study shows only 40% of people have a will or trust. That's an alarming number, and may be tied to the idea that trying
- [Nursing home care may be necessary for some individuals](https://www.trustedattorneys.com/nursing-home-care-may-be-necessary-for-some-individuals-2/) - Most New York residents want to do what is best for their loved ones. In some cases, that may mean seriously considering placing a parent or other loved one in a nursing home. This thought can easily bring a number of emotions from guilt to relief, but this move may be necessary when a family member
- [How does a Medicaid spend-down work?](https://www.trustedattorneys.com/how-does-a-medicaid-spend-down-work/) - The costs associated with long-term care often leave people reeling. Though you or a loved one may need extended care from professionals, you may struggle to pay the bills associated with the attention and treatment needed. As a result, you may want to take the time to plan ahead before that time comes. Fortunately, you
- [Estate planning documents relating to health care often vital](https://www.trustedattorneys.com/estate-planning-documents-relating-to-health-care-often-vital/) - Medical attention is often necessary in various situations when a person's health is in question. As individuals age, they may become more aware of the fact that they could one day need extended care due to incapacitation or in the event of a possibly terminal condition. When these situations arises, New York residents will undoubtedly want
- [Living wills can allow New York residents to express wishes](https://www.trustedattorneys.com/living-wills-can-allow-new-york-residents-to-express-wishes/) - Many people will need some type of medical care near the end of their lives. In these cases, family members may feel at a loss as to what types of treatment should be tried or other actions taken in the event that a loved one cannot communicate his or her wishes in a potentially terminal
- [Why You Should Take a Look at Your Life Insurance Policy](https://www.trustedattorneys.com/why-you-should-take-a-look-at-your-life-insurance-policy/) - Guest Article, By Henry Montag CFP, CLTC IF YOU'RE LIKE MOST INDIVIDUALS, YOU PROBABLY HAVEN'T TAKEN A REAL LOOK AT YOUR EXISTING LIFE INSURANCE PORTFOLIO FOR SEVERAL REASONS. YOU'RE TOO BUSY, YOU REALLY DON'T LIKE THINKING ABOUT LIFE INSURANCE, YOU REALLY DON'T UNDERSTAND IT AND DON'T WANT TO SIT DOWN WITH A LIFE INSURANCE SALESPERSON
- [Adult children may be considering their parents' long-term care](https://www.trustedattorneys.com/adult-children-may-be-considering-their-parents-long-term-care/) - Many children think the world of their parents. As they grow older, they may come to realize that their parents are not as invincible as they once thought, however. In fact, there may come a time when a parent needs long-term care, and New York residents may need to make decisions regarding the best way to obtain
- [Trusts may help preserve assets in New York](https://www.trustedattorneys.com/trusts-may-help-preserve-assets-in-new-york/) - Many New York residents may feel that leaving assets to their loved ones will give them a sense of presence and purpose in their family members' lives even after death. While wills can be used to distribute property, directly bequeathing assets may not be the best route. Because individuals can face difficult financial situations, trusts
- [Creating a living will can benefit anyone, including a Kardashian](https://www.trustedattorneys.com/creating-a-living-will-can-benefit-anyone-including-a-kardashian/) - Deciding how to be cared for in the event of incapacitation can be difficult for any New York resident. There may be many facets to consider, such as priorities in one's life and how certain decisions may affect family. However, a living will can contain any instructions that individuals want carried out in the event
- [You Did Medicaid Planning, You Created An Irrevocable Trust. Now, Make Sure The Trustee Files A Tax Return (Or Not)](https://www.trustedattorneys.com/you-did-medicaid-planning-you-created-an-irrevocable-trust-now-make-sure-the-trustee-files-a-tax-ret/) - Most irrevocable trusts created for the purpose of protecting assets from the costs of long term care (i.e., the nursing home) must file a Form 1041 (for IRS Federal filing purposes) and a Form IT-205 (for New York State filing purposes) only once - for the year of creation. This is not unusual. There are
- [Medicaid planning: What assets are exempt in New York?](https://www.trustedattorneys.com/medicaid-planning-what-assets-are-exempt-in-new-york/) - There's a lot of misunderstanding when it comes to qualifying for Medicaid in New York. A number of aging individuals may be confused as to what assets they are allowed to own and still qualify for Medicaid, since, for example, many have mistakenly been informed that they cannot receive benefits if they own their own
- [Without Medicaid planning, life savings may be quickly depleted](https://www.trustedattorneys.com/without-medicaid-planning-life-savings-may-be-quickly-depleted/) - Unfortunately, New York residents who have spent their whole lives saving for retirement are likely to have overlooked one key aspect, but it's one that could make all the difference: planning and saving for the ever-increasing cost of long-term care. While most will need home health care at some point, or even are likely to
- [Medicaid planning crucial as long-term care costs keep rising](https://www.trustedattorneys.com/medicaid-planning-crucial-as-long-term-care-costs-keep-rising/) - While many New York residents have spent their careers carefully saving for retirement, far fewer have given such careful thought to planning for their long-term health care needs. This is unfortunate, given the rising cost of such medical care and the high likelihood that it will be necessary. Fortunately, with the support of an attorney
- [2018 Medicaid Regional Rates](https://www.trustedattorneys.com/2018-medicaid-regional-rates/) - Effective January 1, 2018, Medicaid regional rates for calculating transfer penalty periods for 2018 were increased from 2017. The regional rates are: Long Island $13,053 New York City $12,319 Northern Metropolitan $12,428 Rochester $11,692 Northeastern $10,719 Western $10,239 Central $9,722 These rates are based on average nursing home costs in each of the seven regions
- [Medicaid planning for custodial care in New York](https://www.trustedattorneys.com/medicaid-planning-for-custodial-care-in-new-york/) - Many aging residents of New York believe that, after the age of 65, they will be able to rely on Medicare for their health care and assisted living needs. One issue that most people are unaware of, though, is that of something called "custodial care." Custodial care is different from skilled nursing home care and,
- [New York Medicaid planning and the caretaker child exception](https://www.trustedattorneys.com/new-york-medicaid-planning-and-the-caretaker-child-exception/) - As most adult children with aging parents in New York can likely attest, caring for a beloved elderly relative may sometimes feel like the equivalent of a full-time job. Of course, it's a job most loving family members are more than happy to do, but it can be a bit onerous nonetheless: rearranging or even
- [IRS Increases Gift Limits in 2018](https://www.trustedattorneys.com/irs-increases-gift-limits-in-2018/) - In 2018, the IRS is increasing the annual exclusion from gift tax. In 2018, the first $15,000 of gifts to any person (other than gifts of future interests in property) are not included in the total amount of taxable gifts. More simply put, if you make a gift to a person of $15,000.00 or less,
- [Community Medicaid In Hauppauge, NY: Medicaid Notice Challenged At Fair Hearing](https://www.trustedattorneys.com/community-medicaid-in-hauppauge-ny-medicaid-notice-challenged-at-fair-hearing/) - When an individual needs help with the activities of daily living, to avoid a nursing home and remain in their residence (whether in Hauppauge, Commack, Kings Park, Smithtown, St. James, or any other Long Island town), a benefit worth obtaining is Community-based Medicaid. Community Medicaid will pay an agency that will provide home health aides
- [COMMUNITY MEDICAID IN SUFFOLK & NASSAU COUNTIES](https://www.trustedattorneys.com/community-medicaid-in-suffolk-nassau-counties/) - PERSONAL CARE SERVICES AND FUNCTIONS IN SMITHTOWN, NY When an individual needs help with the activities of daily living, to avoid a nursing home and remain in their residence (whether it's in Smithtown, Valley Stream, or any other Long Island town), a benefit worth looking into is Community-based Medicaid. Community Medicaid will pay an agency
- [Community Medicaid in Nassau & Suffolk Counties - Personal Care Services in the Home](https://www.trustedattorneys.com/community-medicaid-in-nassau-suffolk-counties-personal-care-services-in-the-home/) - When an individual needs help with the activities of daily living, to avoid a nursing home and remain in their residence, a benefit often worth obtaining is Community-based Medicaid. Community Medicaid will pay an agency that will provide home health aides to assist with personal care services in the home. Personal care services are the
- [Don't Lose Your Restaurant Because of Unpaid Taxes: Three Things You Need to Know](https://www.trustedattorneys.com/dont-lose-your-restaurant-because-of-unpaid-taxes-three-things-you-need-to-know/) - Article By Attorney Karen J. Tenenbaum of Tenenbaum Law, P.C. in Melville, NY. A recent article in the Albany Times Union noted the high number of restaurants that shut down every year for nonpayment of sales or withholding taxes. Based on an analysis of media coverage, restaurants seem to be seized more often than other
- [Knowledgeable guidance for advance health care directive planning](https://www.trustedattorneys.com/knowledgeable-guidance-for-advance-health-care-directive-planning/) - For aging residents of New York, preparing for the future doesn't always just mean planning for future generations. Beyond wills, trusts and beneficiaries, one oft-overlooked aspect of elder care planning is that of an advance health care directive. What, exactly, is this official document and why is it so important? An advance health care directive
- [Few have advance health care directives, despite known importance](https://www.trustedattorneys.com/few-have-advance-health-care-directives-despite-known-importance/) - From Medicaid to living wills, one would be hard-pressed to find anyone who claimed planning for end-of-life care in New York isn't important. However, admitting an issue is imperative and actually taking steps to address it are two separate things. Despite the fact that elder law attorneys and others in the United States have been
- [Medicaid planning for nursing home and home health care expenses](https://www.trustedattorneys.com/medicaid-planning-for-nursing-home-and-home-health-care-expenses/) - Often, as individuals age, the responsibility for their care falls to family members. In fact, there are approximately 44 million unpaid family caregivers in the U.S., and residents of New York are no exception to these statistics. The downside of this is that, without Medicaid planning for nursing home and home health care expenses, this
- [Basic elements of estate planning for elderly New Yorkers](https://www.trustedattorneys.com/basic-elements-of-estate-planning-for-elderly-new-yorkers/) - Unsurprisingly, over 30 percent of Americans polled would prefer to do almost anything else if doing so means avoiding a conversation about their wills or estate plans. While some older residents of New York may already have the legal documentation in order, others may have been putting off this important preparation for any variety of
- [Executing powers of attorney for later means peace of mind now](https://www.trustedattorneys.com/executing-powers-of-attorney-for-later-means-peace-of-mind-now/) - No caring New York family wants to entertain the thought of a time when their elderly loved ones may become unable to make communicate their wishes for the health care they wish to receive or, in some cases, forego. Additionally, few individuals wish to consider the fact that they may eventually be unable to make sound
- [The importance of timely asset protection planning in New York](https://www.trustedattorneys.com/the-importance-of-timely-asset-protection-planning-in-new-york/) - Far too often, aging New York residents reach what are supposed to be the golden years only to find themselves instead facing the need for long-term care that is prohibitively expensive. Since few have the necessary cash readily available to pay the high cost of this care, they are then expected to sell off the
- [Don't put off Medicaid planning in New York until it's too late](https://www.trustedattorneys.com/dont-put-off-medicaid-planning-in-new-york-until-its-too-late/) - A substantial portion of the elderly population in the U.S. ends up relying on nursing homes for care in their later years. For this considerable expense, aging residents of New York may be counting on Medicaid to help with the cost of necessary healthcare and nursing home stay. Unfortunately, what many individuals may not realize
- [Guidance from a Long Island New York Medicaid planning attorney](https://www.trustedattorneys.com/guidance-from-a-long-island-new-york-medicaid-planning-attorney/) - While Medicare and Medicaid may sound similar, the two government programs are very different. For elderly residents of New York, Medicaid is a needs-based program intended to act as a safety net when they cannot afford to pay for their necessary health care or nursing home stays. However, the program is very complex, which is
- [New York estate planning: What to do with the will](https://www.trustedattorneys.com/new-york-estate-planning-what-to-do-with-the-will/) - Many older residents of New York have a will. This most basic part of estate planning is important, but simply preparing a will is by no means the end of planning for the future, merely one of the first steps. From considering where to keep this important document to knowing how to go about making
- [How many copies of your health care proxy do you need?](https://www.trustedattorneys.com/how-many-copies-of-your-health-care-proxy-do-you-need/) - Your health can have a considerable impact on various other aspects of your life. Therefore, you likely want to take the necessary steps to ensure that you take care of your health as best as possible. Of course, in the event of serious illness or injury, you may not have the ability to express your
- [Planning for home health care expenses for aging New York parent](https://www.trustedattorneys.com/planning-for-home-health-care-expenses-for-aging-new-york-parent/) - Every year across America, more than 43 million people act as unpaid caregivers for a family member, usually an aging parent; residents of New York are no exception. Sometimes, this is as simple as an adult child overseeing issues like finances and medical care. Other times, though, the care extends well beyond this and has
- [Good News for Surviving Heirs: Higher Standards Imposed on Mortgage Lenders](https://www.trustedattorneys.com/good-news-for-surviving-heirs-higher-standards-imposed-on-mortgage-lenders/) - New guidelines have been promulgated by the Consumer Financial Protection Bureau ("CFPB") to make it easier to modify or assume an existing mortgage on a decedent's home. The goals of these guidelines are to reduce unnecessary foreclosures on homes after a borrower dies and to promote home retention. The death of a family member may
- [An advance healthcare directive can offer peace of mind](https://www.trustedattorneys.com/an-advance-healthcare-directive-can-offer-peace-of-mind/) - When an elderly parent or loved one is in need of hospitalization, it can be stressful for everyone involved. Seniors may be faced with difficult medical decisions they are no longer capable of making for themselves. Planning in advance for such an eventuality can help remove some of the uncertainty that inevitably accompanies a situation
- [Motivating your heirs with their inheritance](https://www.trustedattorneys.com/motivating-your-heirs-with-their-inheritance/) - Through hard work and careful planning, you have built a life of which you can be proud. One of the great things about a bountiful estate is being able to create a legacy for your children and grandchildren. However, like many, you probably have certain family members who might appreciate an inheritance more if it
- [New York elder care: estate planning just one issue to consider](https://www.trustedattorneys.com/new-york-elder-care-estate-planning-just-one-issue-to-consider/) - People are living longer. While this is a blessing, it also means that, as an elderly parent or loved one ages in New York, there are a lot of arrangements to make, both legal and personal. From estate planning to Medicaid planning to power of attorney documentation, caregivers have many legal options contemplate and plan.
- [How an advance directive benefits New York loved ones](https://www.trustedattorneys.com/how-an-advance-directive-benefits-new-york-loved-ones/) - No one wants to think about falling ill or becoming incapacitated. Regrettably, this could mean that some families in New York are left to face difficult medical or financial decisions on their own because an incapacitated loved one previously failed to make his or her wishes known. Situations such as this can be circumvented by
- [Medicaid planning can help protect New York seniors' assets](https://www.trustedattorneys.com/medicaid-planning-can-help-protect-new-york-seniors-assets/) - The average annual cost of a nursing home is $180,000. No matter how much they have saved, few New York families have the means to pay this price, especially if the stay is expected to last several years or more. At this point, many people believe they can turn to Medicare to cover the cost,
- [Choosing the right trust for you](https://www.trustedattorneys.com/choosing-the-right-trust-for-you/) - If you want to ensure that your assets are handled the way you want them to be handled, or you want to make sure your relatives can avoid probate court, a trust might be a good option for you. There are a few different types of trusts, but all trusts are just legal documents that
- [New York State Is Falling Behind Reviewing Nursing Home Complaints](https://www.trustedattorneys.com/new-york-state-is-falling-behind-reviewing-nursing-home-complaints/) - A decline in ombudsmen, minimal state funding and increasingly complex complaint cases are leaving senior citizens in New York State without the advocacy resources they need and deserve. Alarmingly, New York State investigates far fewer cases than most states - and this is in light of the fact that New York has the largest population of
- [Mistakes to Avoid- Multiple Beneficiaries On Deed](https://www.trustedattorneys.com/mistakes-to-avoid-multiple-beneficiaries-on-deed/) - Beneficiary designations, account titling (ownership arrangements), and traditional estate planning tools (trusts and last wills) work together to create a fully functioning estate plan. Another common mistake made with beneficiary designations and ownership arrangements includes naming several people on the deed with you. Naming multiple people on the deed with you can lead to a
- [Power of Attorney - Fiduciary Duties](https://www.trustedattorneys.com/power-of-attorney-fiduciary-duties/) - You have been named agent under a power of attorney - what are your duties? You have fiduciary duties. Pursuant to N.Y. Gen. Oblig. Law § 5-1505, an agent acting under a power of attorney has a fiduciary relationship with the principal. The fiduciary duties include but are not limited to each of the following
- [Estate Administration- When Do the Duties of an Executor Begin](https://www.trustedattorneys.com/estate-administration-when-do-the-duties-of-an-executor-begin/) - There is great responsibility being the executor of an estate; standards of prudence, vigilance, and care are expected from the executor. An executor is one type of fiduciary (a trustee is another type) and to quote Chief Judge Cardozo from his decision in Meinhard v Salmon (249 N.Y. 458, 464), "[m]any forms of conduct permissible
- [Revoking a Health Care Proxy](https://www.trustedattorneys.com/revoking-a-health-care-proxy-2/) - An appointed health care agent stands in your shoes and makes important medical decisions for you with your doctors about your medical treatment and may even stop life sustaining measures if there is no hope of recovery. If you feel that this person is no longer the right person to act as your agent you
- [Income Tax Rates for Trusts and Estates 2016](https://www.trustedattorneys.com/income-tax-rates-for-trusts-and-estates-2016/) - The IRS recently enacted revenue procedure 2015-53 which updates rules in the tax code that are regularly adjusted due to inflation. Among the changes includes the tax brackets for estate and trust taxable income for 2016. Important note - estates and trusts pay income tax too!! Income tax is not only paid by individuals. For
- [Retirement Accounts- IRA's & 401(K)'s & Medicaid Eligibility](https://www.trustedattorneys.com/retirement-accounts-iras-401ks-medicaid-eligibility/) - Retirement accounts are often one of the larger assets that a potential Medicaid applicant owns. It is important to understand how these accounts affect Medicaid eligibility. A Medicaid applicant is financially eligible when he or she has resources (assets) no greater than thirteen thousand eight hundred dollars ($13,800.00). If an applicant owns a retirement account

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- [Anna Gavrysh](https://www.trustedattorneys.com/attorney/gavrysh-anna-ivanenko-esq/) - Anna Gavrysh Associate Hажмите здесь для получения информации на русском языке. About Anna Gavrysh Anna Ivanenko Gavrysh, Esq. joined Futterman Lanza, LLP as an Associate in December 2024. She became an attorney and developed passion to help her clients with their estate planning needs after working as a paralegal for seven years handling various elder
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- [Sara M. Meyer](https://www.trustedattorneys.com/attorney/sara-m-meyer/) - Sara M. Meyer Associate About Sara M. Meyer Sara M. Meyer, Esq. joined Futterman Lanza, LLP as an Associate in June 2022. This compassionate and attentive attorney generates a sense of calm and understanding in her relationships with clients and their families. Sara Meyer, Esq. brings nine years of relevant experience in Elder Law and
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- [КАК АДВОКАТЫ ПО ПРАВУ ПРЕСТАРЕЛЫХ ГОТОВЯТ КЛИЕНТОВ К СЕГОДНЯШНИМ И ЗАВТРАШНИМ СЛОЖНОСТЯМ ПЛАНИРОВАНИЯ БУДУЩЕГО](https://www.trustedattorneys.com/как-адвокаты-по-праву-престарелых-гот/) - КАК АДВОКАТЫ ПО ПРАВУ ПРЕСТАРЕЛЫХ ГОТОВЯТ КЛИЕНТОВ К СЕГОДНЯШНИМ И ЗАВТРАШНИМ СЛОЖНОСТЯМ ПЛАНИРОВАНИЯ БУДУЩЕГО Право престарелых людей — это область юриспруденции, требующая глубоких знаний о льготах и программах, связанных со старением и здравоохранением. Юристы, специализирующиеся в этой сфере, должны разбираться в страховании долгосрочного ухода за пожилыми, программах Медикер (Medicare) и Медикейд (Medicaid), системе социального обеспечения
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- [Polish](https://www.trustedattorneys.com/polish/) - Polish Mówimy po polsku Biuro adwokackie Futterman Lanza, LLP koncentruje się na sprawach spadkowych, majątkowych oraz Medicaid. Zajmujemy się przygotowaniem testamentów, upoważnień na wypadek choroby (Health Care Proxy), planowaniem na wypadek utraty sprawności lub władzy umysłowej (Power of Attorney), oraz kompleksowym rozporządzeniem majątkiem poprzez transfer całości lub części majątku do “Trustu.” W przypadku śmierci członka
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