Typically, a comprehensive estate plan will consist of documents that address your estate both during lifetime and after lifetime. The documents that relate to after lifetime, address what you leave behind after your death, and may consist of a Last Will and Testament and/or trusts. However, documents that relate to during lifetime could be just … Read More
Are there any other documents?
Our firm generally prepares a HIPAA Authorization which gives your health care agents the authority to receive your medical records. The HIPAA Authorization is very helpful because it provides the people you choose legal authority to obtain medical information and records on your behalf while you have capacity (and before the Health Care Proxy would … Read More
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 … Read More
What is the difference between a will and a trust for asset distribution purposes?
Both a will and a trust are effective estate planning documents that guide the disposition of one’s assets, but in different ways. Both a trust and a will are legal documents that express an individual’s wishes as to the distribution of his or her assets after lifetime. But whereas a will would only go into … Read More
What is the Medicaid five-year look back period?
When you apply for Medicaid in the state of New York, the New York State Department of Health reviews all gifts given and transfer of assets from the past five years to determine how long the applicant must wait before receiving Medicaid benefits. Since the five-year look back period can affect a loved one’s long … Read More
Why should my special needs loved one access Medicaid even if money is not a factor?
There are many public benefits available to individuals with disabilities. While a family could have substantial wealth and believe that their loved ones with special needs would never need to access government benefits, they could be making a serious miscalculation. While most of a disabled individual’s needs could be met with private insurance and private … Read More
The nursing home says that they will prepare the Medicaid application for free. Why should I be hesitant to use their services?
In New York it is true that you don’t have to use an attorney to prepare a Medicaid application. In fact, you can do it yourself. But remember that the law has many nuances and intricacies. Imagine having a nursing home prepare and submit your parent’s Medicaid application, and it is approved. But after parent’s … Read More
I keep hearing that it is very important to begin supplemental needs planning as soon as possible. Why is this?
By taking appropriate estate planning steps, you may ensure the future and the ability of a person with mental illness or other disabilities, who needs or is receiving public benefits, to live comfortably when you’re no longer around to be the caregiver. At the same time, you may preserve governmental benefits that will pay for … Read More
