No, Your Living Will is NOT a DNR

Many individuals who seek counsel in our office come in ready to talk about a DNR (Do Not Resuscitate). They believe it to be a document that allows them to forgo life support in the event of a catastrophic event. However, the document which lets an individual express their wishes to refuse treatment in the… Read More »

“Per Stirpes”, “By Representation”, “Per Capita”-What Do They Mean?

If you die without a Last Will and Testament or a Trust, the New York State laws of intestacy will govern the disposition of your property to your “distributees”, your closest living blood relatives (in priority order). However, if you execute a Last Will and Testament or a Trust, you can control the disposition of… Read More »

What if I Have a Contract to Reduce My Property Taxes, But I Want to Sell My Home?

A constant concern here on Long Island is the continued increase in Property Taxes and the ever-increasing cost of living.  The application for state program real estate tax exemptions (such as Basic STAR, Enhanced STAR or Veterans exemptions) may help to ease the burden, but there are instances where homeowners may not be eligible for… Read More »

Can I get 24-hour Home Care?

With the Home Care industry already struggling to maintain proper staffing, and Medicaid restructuring their payment system a few years ago, the idea of getting 24-hour coverage by paying privately or through Medicaid has become cumbersome. As a result of a recent ruling focusing specifically on the wages that should be paid to a live-in… Read More »

Who can help with the sale of my house from my Trust?

When advising clients regarding Medicaid asset protection planning, it is common to recommend the transfer of their residence (and other properties they may own) to a Medicaid Asset Protection Trust (“MAPT”). After five years, the trust assets would not be considered an available resource for purposes of determining Medicaid eligibility. One of the most frequently… Read More »

The Right of Election of a Surviving Spouse

The Right of Election of a surviving spouse of a New York decedent has been in existence since September 1, 1930. Prior to the enactment of New York’s Right of Election law, a surviving spouse possessed dower and curtesy rights. Today, if a surviving spouse inherits less than one-third of the net estate, the surviving… Read More »

Your Guide to Fiduciary Income Tax Returns (Form 1041)

The IRS recently issued Revenue Procedure 2018-57 providing a glimpse at the tax brackets and rates to be used for 2019 tax returns (which would generally be filed in April 2020), including the tax rate tables for trusts and estates. The 2018 and 2019 tax brackets for are compared below: Trusts and Estates Percent Tax… Read More »

New VA Pension Rules

Check out Kim N. Christian, Esq.’s Article on the New VA Pension Rules in the Latest Issue of The Nassau Lawyer! “As of October 18, 2018, the Department of Veterans Affairs (VA) Pension Rules have changed in a significant way. There are several areas of the rules that were affected, including financial net worth, asset transfers and medical expense… Read More »

2019 Medicaid Levels Released

The New York State Department of Health recently issued General Information Statement (GIS) 18 MA/15 which sets forth several of the 2019 Medicaid figures.   Here are a few of them (as compared to 2018) – Minimum Monthly Maintenance Needs Allowance (“MMMNA”) – $3,160.60 ($3,090) Community Spouse Resource Allowance (“CSRA”) – $126,420 ($123,600) Resource limit… Read More »