The daughter of a deceased woman called me complaining that the bank wouldn’t give her access to her deceased mother’s bank accounts and she couldn’t get the money out. The bank accounts had no joint owner and no beneficiary designations (POD, TOD, ITF). Mom had a will and her three children were named beneficiaries in … Read More
Changes to the New York State Power of Attorney Law
On December 15, 2020, changes the New York General Obligations Law in relation to the statutory short form Power of Attorney were signed into law, to be effective beginning June 13, 2021. The new law will substantially change the format and enforceability of the power of attorney. A Durable Power of Attorney (POA) is the … Read More
Changes to New York State Medicaid
Update! The implementation of the new 30-month lookback period for Community Medicaid in New York State has been delayed to April 1, 2021. That means that you still have an opportunity to preserve your assets without a penalty and access Community Medicaid, including home care, if you act now. Once the law is implemented (expected on … Read More
Five Reasons You Should Hire an Elder Law Attorney for Your Medicaid Long Term Care Application
The Medicaid Application process for long term care benefits can be complex and confusing. The process can be overwhelming in the best of times, and certainly when a family is already faced with the physical, emotional and financial stress of caring for a loved one suffering from illness or disability. When an individual needs long … Read More
My Loved One Just Died. How Do I Pay for the Funeral?
Tragically, this is a question I have been asked more than once in recent days. During this horrible COVID-19 pandemic, young adults, without any savings, are being left with the tremendous and heartrending responsibility of arranging a funeral for the untimely death of a parent, and do not have the means to pay for it. … Read More
When Should I Contact An Elder Law Attorney?
All too often, I meet with new clients that need assistance with elder law long term care planning for a loved one, but have either waited too long or show up after they have followed improper advice from well-meaning individuals who were not elder law attorneys. In this post you will learn when you should … Read More
How Much Does An Estate Plan Cost?
When the phone rings in my firm with a potential new client, one of the first questions we are asked is, “how much will an estate plan cost?” The challenge we have in answering that question, is that every person has a different idea of what an estate plan is and therefore they are often … Read More
What is a Power of Attorney and Why Is It So Important to Have This Estate Planning Document?
The benefits of a highly detailed, comprehensive power of attorney are numerous. A power of attorney is a document that appoints an agent to act on behalf of the principal. The “principal” is the person who is creating the power of attorney. The principal is appointing an “agent” to have the authority to take legal … Read More
