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New York Estate Planning and Elder Law Attorneys Here to Help

Estate planning, elder law, probate and administration, and especially Medicaid planning and applications, can be overwhelming, confusing, and entirely stressful. We’re here to ensure you receive the personalized attention to your unique case that you deserve.

You want to be sure you are taking the best possible care of yourself and your loved ones, yet navigating through the details can be difficult. This is where we come in.

At Esther Schwartz Zelmanovitz, PLLC, a highly qualified elder law attorney can provide insightful, experienced, dedicated counsel to you and your loved ones.

We Are Here for You Every Step of the Way

We give special, individualized attention to each and every client, crafting solutions that are carefully tailored to each client’s unique situation. Our Nassau County firm is committed to helping every client find peace of mind through exceptional service, proven strategies, and high-quality representation.

We work diligently to offer trusted, personalized counsel because the details matter. Our legal team is made up of dedicated, hard-working individuals who strive to be the very best advocates possible for our clients. Contact us today to see how we can help you receive the personalized attention that will benefit your unique situation.

Our Practice Areas

At Esther Schwartz Zelmanovitz, PLLC, we understand the personalized attention required to meet client expectations. When you need an elder law or estate planning lawyer, you need a lawyer you can trust - one that can help prepare customized solutions for you and your family. We are a team of skilled elder law and estate planning attorneys that assist in the following areas:

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At Esther Schwartz Zelmanovitz, PLLC, we provide personalized attention in the following areas:

Elder Law and Medicaid Planning

Elder Law attorneys assist seniors in navigating the many challenges they may face as they age. We understand the legal complexities associated with aging and we are here to help.

Many people have saved their money over a lifetime, then suffer a stroke or are diagnosed with Alzheimer’s or an equally debilitating illness and suddenly need help for even the most basic day-to-day activities. Medicaid planning protects your assets from the threat of long term care expenses.

Since Medicare only pays skilled nursing home expenses under limited circumstances and only up to 100 days, the necessity of long term care can take every dollar of your savings if you have not planned ahead. An elder care attorney who handles Medicaid planning is able to legally and ethically protect people’s assets to qualify them for Medicaid to cover their long term care costs.

We can assist with long term care planning, asset protection, Medicaid applications, powers of attorney, advance health care directives, trusts, special needs planning, probate and estate administration.

Estate Planning

In addition to the preparation of advance directives, including power of attorney, health care proxy and living will, our experienced team can also help avoid probate and prepare living trusts, testamentary trusts, and address other probate and administration issues. We also help those who have loved ones with special needs to properly plan ahead, identify and plan for digital assets, and assist with real estate issues.

What happens if someone dies without an estate plan in place?


CLICK TO DOWNLOAD THE FULL CHART.

Probate and Administration

Probate is the legal process started in order to have a will accepted by the court, and to have an executor appointed to handle the decedent’s estate in accordance with his or her Last Will and Testament. If a decedent dies without a Will, an administration proceeding may take place. If there is no Will stating the wishes of the decedent, New York’s intestacy laws would determine who would inherit the decedent’s assets and who may act as fiduciary of the estate.

The important task of managing and handling a deceased loved one’s estate deserves the respect and attention that the decedent would hope for. The executor or administrator is responsible for managing the deceased individual’s assets and for making sure that the estate is managed and distributed properly according to procedure. Being an executor or administrator is a big responsibility that involves many steps. Our knowledgeable and compassionate team can help you with the many responsibilities involved with your unique situation, to make the process as efficient and painless as possible.

Meet Our Team

Esther S. Zelmanovitz
Esther P. Levinson
Nellissa Burdier
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Why Choose Our Experienced Estate Planning Lawyers

At Esther Schwartz Zelmanovitz, PLLC, we care about providing solutions tailored to your specific needs. We serve on Long Island, all five boroughs of New York City, and state-wide. We offer home and evening visits for your convenience and are a top-rated law firm located in Great Neck, NY.

We will meet with you, determining what you need for your future planning, then ensure you get exactly what you require. We pride ourselves on offering highly individualized attention to each client, searching for the very best solution for your situation.

We believe your peace of mind is paramount and will deliver that peace of mind through high-quality representation, proven strategies, and exceptional service. Contact Esther Schwartz Zelmanovitz, PLLC today to see how we can help you.

Don’t Underestimate the Just in Case

Testimonials

Thank you so much for your work. It was a big relief to me to find such warm, friendly people who knew what they were doing, got back to me quickly, and explained things so well...
– J.H.
 

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Estate Planning Lawyers Who Know the Law

Esther Zelmanovitz, Esq. is the managing attorney and founder of Esther Schwartz Zelmanovitz, PLLC. Esther is proud to have assembled a team of highly competent, knowledgeable professionals who share her commitment to personalized, caring service to every client.

Esther’s practice is focused in the areas of elder law,  estate planning, and probate and estate administration. Her favorite part of being an estate planning and elder law attorney is being able to use concrete legal strategies to help her clients solve real-life situations, giving them peace of mind and relieving their stress over difficult situations.

The law recognizes that each person has the right to his or her property and control over its disposition during and after one’s lifetime, and to appoint a person of their choice to take care of their affairs both in the event of incapacity, and after they die.

Ms. Zelmanovitz notes that she has seen many cases where a client was hesitant about signing a power of attorney, despite the fact he or she had trusted loved ones. Once the person became incapacitated, it was too late, resulting in catastrophic effects and tremendous stress on loved ones.

Esther was drawn to the legal profession by a passion to pursue justice, seeking strategic, creative solutions to problems based on established precedents and laws. She believes strongly in representing those who need a voice or a guide to help them through confusing, difficult situations.

When Ms. Zelmanovitz sees a client physically relax when they leave her conference room, she feels especially good about her profession, knowing she is lifting a burden from their shoulders by assisting them with a difficult situation.

Through the years, Esther has been involved with organizations for children and adults with special needs, visiting nursing homes, and tutoring struggling students. She has also volunteered as a member of the Fordham School of Law’s Family and Child Protection Clinic, where she assisted families in need of legal services.

In her private life, Esther has been married for more than 21 years and has four daughters. When grabbing a meal in her community, she often chooses sushi or frozen yogurt. The 2018 Legal Eagles issue of Long Island Pulse Magazine featured Ms. Zelmanovitz, and she has been quoted in multiple articles in Newsday, as well as being published in AHA Magazine. Esther looks forward to meeting you and tailoring a legal plan to meet your individualized needs.

FAQs

My parent has been admitted to a nursing home. The social worker is talking about Medicaid. Can my parent really qualify for Medicaid?

Yes, most likely he or she can.  Medicaid is a “means-tested government entitlement.”  In plain language, this means that a person’s income and resources must be below a certain level in order to be eligible for benefits, among other eligibility requirements.  With proper planning, a person can protect his or her assets.  Many people are often misinformed regarding Medicaid planning issues and think that there is nothing they can do to protect their assets and must first spend them each month to pay for their nursing home fees until they are below the Medicaid level of assets limit.  This is almost always not true!  In most cases, at least some assets can be protected even at a very late date.  However, the earlier the planning is started, generally, the more assets can be protected.

Why do I need a Durable Power of Attorney?

A Durable Power of Attorney allows you to appoint a person you trust, called an “agent” to handle legal and financial matters on your behalf.  It is called a Durable Power of Attorney because the document remains valid, even if you become incapacitated. A sudden injury or illness, or progressive dementia, are events that could result in a person’s incapacity. You may not need anyone to handle these matters on your behalf now, but if you do not prepare a Durable Power of Attorney while you are capable of doing so, then it will be too late if you should become incapacitated.

What are the most important estate planning documents every adult should have?

In addition to a Last Will and Testament and in certain cases a Living Trust, there are several documents that are extremely important for all adults to possess.  They are a Durable Power of Attorney, and Advanced Healthcare Directives (a Health Care Proxy and a Living Will).

Do I really need a will?

Without a properly written will, you are giving up your legal right to decide who will receive your property after your death, and who will not receive your property.  You may also be creating additional costs and complications for your heirs after you die.  If you have minor children, you lose the opportunity to determine who will serve as guardian for them.  The court will name the guardian and it may not be the family member or friend that you would want.

What is a trust?

A trust agreement is a document that gives clear instructions that you want followed for property held in the trust for your beneficiaries. Common objectives for trusts are to reduce the estate tax liability, to protect property in your estate, to avoid probate, and even as part of long term care planning.

There are three important parties to a trust.

The first is the “grantor” or “settlor”, which is the person(s) who is creating the trust. The grantor creates the trust and puts his or her chosen assets into the trust.

The second is the “trustee”, the person(s) the grantor chooses to manage the assets in the trust. The grantor appoints the trustee to take good care of the assets in the trust according to the instructions written in the trust document.

The third is the “beneficiary” or “beneficiaries”, the person(s) for whose benefit the assets are held and managed. The trustee has the duty and authority to manage the assets for the benefit of the beneficiary, who is entitled to receive the assets in the amounts, percentages, and at the time indicated in the trust.

It is common for one person to play more than one role in a trust.

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Helping New York with Elder Law and Estate Planning

When you contact Esther Schwartz Zelmanovitz, PLLC, the intake team will gather some preliminary information regarding your specific issue…

During a consultation with Ms. Zelmanovitz, more information will be gathered, relevant documents will be reviewed, and the best way to offer assistance will be determined. Esther will present her recommendations, along with the price of the proposed legal services. If the prospective client agrees, he or she will retain the services of Esther Schwartz Zelmanovitz, PLLC, and will begin working with the attorney to address the objectives set forth in the original consultation meeting.

While Ms. Zelmanovitz will always be up to date on each matter, and available to you, you will also work closely with attorney Esther (Esty) Levinson, thoroughly experienced in all of the firm’s practice areas, as well as the firm’s devoted support staff.