Estate Planning & Elder Law Attorneys Serving Glen Oaks
Glen Oaks is situated just south of Little Neck and Douglaston neighborhoods in the New York City borough of Queens. Glen Oaks started as a rental housing complex in 1947, to create affordable housing for soldiers returning from World War II.[1] While Glen Oaks started out as a community offering rental housing, the complex was converted into a co-op in 1981. [2] The village is spread out over 110 acres and consists of 134 separate buildings and provides just over 2,900 apartments. Don’t be fooled to think that Glen Oaks is just suburban living – with the Queens County Farm Museum so close by, you can see farming in action, including cows, sheep, goats, alpacas, and a couple hundred chickens laying different brown, blue, and white eggs.[3]
Glen Oaks also boasts fine education for its resident children, being located within School District 26, which is one of NYC’s finest-rated districts and home to two local elementary schools (P.S. 186 and P.S. 115) are within easy walking distance inside the village.[4] Local shopping and conveniences are just a short distance away, located off of Union Turnpike, including fast food, banking, grocery and department stores, and health clubs. One interesting fact about Glen Oaks is that its hills are the highest point in elevation in the borough of Queens, at 258 feet above sea level.[5]
Our local law firm stands ready to assist residents of Glen Oaks and nearby communities with their estate planning and elder law needs. Whether the client is a young, up-and coming professional making his or her first move to the suburbs, or an established family needing a revocable trust, Will, or documents to help with planning for their children, or those with more experience in their lifetime that might be needing help with elder law, our team will lead the planning process to completion.
Our law firm’s principal, Esther Zelmanovitz, is an “AV” rated attorney by esteemed lawyer peer-rating service Martindale-Hubbell, which means that her peers and associates have given her the highest rating available and deem her reliable and knowledgeable in her area of practice. Seeking her assistance with Estate Planning or Elder Law issues can help you develop a custom-tailored plan to help your family achieve specific goals.
Often, a recurring goal of clients seeking help with estate planning, is the efficient transfer of assets to the next generation upon the passing of the more mature generation. Simply having a Will or trust doesn’t guarantee that the assets will transfer, however, due to the increasing cost of health care and long-term care services at the sunset of your life. Forward-thinking and intuitive clients, like those in Glen Oaks, plan to protect their assets from recapture by establishing Medicaid Asset Protection Trusts. This kind of planning can help to ensure that if they long term care in the future, their assets will efficiently transfer to their intended beneficiaries.
The following are definitions of some common estate planning terms.
Last Will & Testament (Will): A Last Will and Testament, known in short as a “will” is one of the most well-known documents that is used in an estate plan. A will directs how and where the things you own will be distributed after your lifetime. The things you own are known as your “estate.” A Will can instruct who will receive specific assets of the estate and divides the estate for distribution. A will also names an Executor to administer the estate. This is the person or people that you designate to have the legal authority and responsibility to collect all the estate assets, pay all taxes and debt, and distribute the estate according to the terms of your will. Further, you can nominate a guardian for any minor children that survive you. A will can be drafted as a basic document merely naming an executor and beneficiaries to a much more complex document with specific instructions, trusts, and other detailed provisions. In New York, to be valid a Last Will and Testament must be prepared and executed strictly following the law regarding wills.
Health Care Proxy: This document allows you to appoint an individual to make healthcare decisions for you in the event you are unable to express your own wishes due to incapacity. The person who creates the health care proxy is the “principal” and the person who is appointed is called the “agent.” When preparing a health care proxy, the principal should speak with their appointed agent to clearly explain his or her wishes so that the agent can properly express the principal’s wishes when he or she cannot speak for themselves. A Living Will can accompany a Health Care Proxy which can provide specific instructions of the Principal’s wishes regarding end of life care and may include instructions regarding termination of life support, artificial nutrition, hydration and respiration efforts, and pain-relief in specific circumstances.
Durable Power of Attorney: A durable power of attorney gives legal authority to a person that you choose to handle legal and financial matters and conduct business for the principal when he or she is unable to due to incapacity or other situations. The person creating the power of attorney is the “principal” and the person who is given the authority is called the “agent”. A principal can name one or more agents and can direct that they act together, separately, or only in a specific succession. The power of attorney document allows a person to stay in control even if they become incapacitated by choosing someone that they trust that would be in control of their affairs and only act in the principal’s best interest in the event of an unexpected accident, illness, or other catastrophe. Without a power of attorney in place, no one has legal authority to manage someone else’s affairs in the event of incapacity. There is no automatic authority that another adult would get. A spouse, parent, or child does not have legal authority to step into their loved one’s shoes to handle financial or legal matters if needed. A power of attorney prevents tremendous stress and unnecessary burden to an incapacitated person’s loved ones in an already difficult time. It is a true gift to yourself and your loved ones to have this prepared in advance as a crucial tool in your estate plan.
Living Trust: There are many different forms of trusts. A trust that is established during a person’s life is a “Living Trust”. A trust that is established in someone’s will and only becomes effective for a beneficiary after a person’s death is called a “Testamentary Trust”. A common type of trust that people may be familiar with is a revocable trust. A revocable trust may be used for the most basic purpose of avoiding probate and retaining privacy or for more complex reasons that may involve more detailed distribution schemes. An irrevocable trust may be an excellent tool to address long term care concerns, tax concerns, or other personal or family concerns. A trust will govern any asset that is actually funded in the trust. If a person has property or bank accounts that are not directed to a prepared trust, the trust will not govern those assets.
What is elder law?
Elder Law is an area of the law that address the specific issues of seniors and individuals with disabilities. One aspect of elder law focuses on long term care planning and can involve estate planning with a specific goal of protecting an elderly or disabled client’s dignity, asset preservation, and access to government benefits for long term care or other services. There are many strategies that can be utilized to protect assets while maintaining quality of life and access to care. Aging with dignity is an important focus in elder law planning and focusing on the senior or person with special needs is of paramount importance.
Our firm welcomes the opportunity to meet with you and discuss what type of estate planning would be most beneficial to you. Contact us for a complimentary consultation so we can begin to prepare a plan for your unique situation.
[1] http://www.glenoaksvillage.com/about_glen_oaks.shtml
[2] http://www.glenoaksvillage.com/about_glen_oaks.shtml
[3] https://www.queensfarm.org/livestock/
[4] http://www.glenoaksvillage.com/about_glen_oaks.shtml
