Estate Planning & Elder Law Attorneys Serving Oakland Gardens
Oakland Gardens, New York, is considered part of the neighborhood of Bayside in the borough of Queens, New York. Bayside consists of four main neighborhoods: Bayside Gables, Bayside Hills, Bay Terrace, and Oakland Gardens.[1] Oakland Gardens is located in the southern portion of Bayside and is conveniently located between the I-495 (Long Island Expressway) to the North, I-295 to the West, Grand Central Parkway to the South, and Cross Island Parkway to the East – therefore, getting on your way somewhere by car can be very convenient.[2] Oakland Gardens also enjoys some greenbelt with Alley Pond Park just outside the Eastern boundary; which is the second-largest public park in Queens, New York City.[3] Cunningham Park to the West also offers some room to explore nature with a mountain bike trailhead, sports fields, and hiking and walking trails.
Oakland Gardens is considered by many to be a middle-class neighborhood with a fine selection of homes.[4] Oakland Gardens is almost exclusively residential, although there is a pocket of commercial and business offerings on the north end of Springfield Boulevard before crossing over the Long Island Expressway, where one can find some dining and takeout, and convenience locations such as banking, a post office, drug stores, laundromat, and other small-town stores like nail and hair salons, insurance offices, etc. Oakland Gardens appears to offer single-family homes with prices, from $800K to $1.33M.[5]
Access to public trains can be found in Bayside, to the North, and Queens Village, to the South. From the Bayside station to Penn Station in New York City, the raise on the Long Island Railroad is typically around 30 minutes; and a car ride to John F. Kennedy International Airport is typically around 20 minutes, depending on the time of day and traffic congestion.
Esther Schwartz Zelmanovitz, PLLC is ready to assist residents of Oakland Gardens with their estate planning and elder law needs. Whether the client is young just starting a career and family, or retired and ready to get his final affairs in order, our team is ready to help prepare basic estate planning documents to a more complex elder law plan. We can also help a family with probate and the final administration of their loved ones’ estate whether in Oakland Gardens, or the surrounding New York areas.
Our law firm’s founder, Esther Zelmanovitz, has been nominated as a “Super Lawyer” and is an “AV” rated attorney by esteemed lawyer peer-rating service Martindale-Hubbell, which means that both her peers and colleagues have given her the highest rating available and deem her reliable and knowledgeable in her area of practice. Seeking Ms. Zelmanovitz’s assistance with your elder law or estate planning matters will allow you to gain a custom-tailored plan to help your family achieve specific goals.
While most people associate estate planning with the efficient transfer of assets to the next generation, it is in fact much more than that. A caring and experienced estate planning and elder law attorney will want to focus on not only what happens to your estate after a lifetime, but more importantly, what happens during your lifetime in the event of incapacity. Simply having a Will or trust doesn’t ensure that you will be taken care of if you cannot take care of yourself, it doesn’t ensure that your loved ones will have the legal ability to help you and it doesn’t ensure that you will still own your lifetime of hard-earned assets upon your death, in the event you need expensive long term care. Forward-thinking and responsible clients, like those in Oakland Gardens, do proactive planning to get their documents in order and also protect their assets by utilizing strategies such as Medicaid Asset Protection Trusts.
Although the terminology may be familiar to the average person, it is common that people are not quite sure what documents should be part of an estate plan and what documents are important for every responsible adult to have prepared.
What documents should be part of an Estate Plan?
Below is a list and description of some documents that are usually advised to be part of an estate plan.
Last Will & Testament (Will):
A Last Will and Testament, also simply called a “will” is probably the most familiar estate planning document. It provides instructions for what should be done with the things you own after your lifetime. It also instructs who will be in charge of taking care of everything and may also include who the person you would want to be responsible for your minor children that survive you. The Executor is the person in charge of carrying out the terms in your will. The Beneficiaries are the people or organizations to who you leave your assets to. The Guardian is the person you choose to be responsible for your minor children. And if there is a trust in your will, the Trustee would be responsible to manage any money or other assets held in the trust for the benefit of the beneficiaries of the trust.
Durable Power of Attorney:
A Durable Power of Attorney is a legal document that gives the person or people you choose the ability to step into your shoes and manage legal and financial matters on your behalf. Whereas some people execute this document for convenience, it is crucial to have this document in place in case you become incapacitated and cannot manage your own affairs. Not only can you choose a person that you trust to help you in the event of a catastrophe, but you are also giving them the legal ability to do so. Without having a power of attorney in place, even if your loved ones (parent, spouse, children, or others) wanted to help you, they would not have the ability to do so. (For example, a bank will not allow your loved ones to deal with your accounts unless you were an owner on the account or had a power of attorney in place.) If you prepare a power of attorney, you are the “Principal”. The person you choose to act for you is your Agent. Having a power of attorney in place will mitigate the tremendous stress of an unexpected accident, injury or illness for those who wish to help you.
Health Care Proxy:
A Health Care Proxy allows you to name the person of your choice to make health care decisions for you in the event incapacity prevents you from expressing your own wishes. You are the Principal in this document and the person you choose to speak for you is your Agent. You should speak with the person you choose as agent to make sure they know what your wishes are. Some people choose to also sign a Living Will which expresses your wishes, specifically regarding end of life care and terminal situations. A living will may give direction regarding termination of life support efforts, artificial nutrition and hydration efforts, and pain-relieving efforts at the end of life.
Trust:
A Trust is a relationship or agreement that governs specific property. The Grantor is the person that transfers property to a trust and creates the terms of how the property should be held, who should benefit, and who should manage the assets held by the trust. The Trustee is the person that agrees to manage the assets according to the terms of the trust, and the Beneficiary is the person that benefits from the assets in the trust. There are many types of trusts and many reasons for creating and holding assets in trust. An estate planning or elder law attorney can review with you whether a trust would be appropriate for your specific situation, and more specifically, what type of trust may achieve your objectives.
Esther Schwartz Zelmanovitz, PLLC would be honored to assist you with your estate planning and elder law needs. Start your planning today by contacting us for a complimentary consultation, to discuss planning for your unique situation.
[1] https://en.wikipedia.org/wiki/Bayside,_Queens#Oakland_Gardens
[2] Google Maps – satellite view.
[3] https://en.wikipedia.org/wiki/Alley_Pond_Park
[4] https://en.wikipedia.org/wiki/Bayside,_Queens#Oakland_Gardens
[5] realtor.com search results May 2021.
