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May 9, 2020
Q. What is a Power of Attorney and should I have one?

A. A Health Care Proxy deals with your medical needs. A Power of Attorney deals with your financial needs. By executing a Power of Attorney (POA), you (Principle) appoint an Agent who will have the power to handle your finances. You will be able to specifically state what powers you wish to grant to the […]

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May 9, 2020
Q. What is a Heath Care Proxy and do I need one?

A. This form allows the person you choose to make all health care decisions for you including the decision to remove or provide life-sustaining treatment unless you say otherwise in this form. “Health care” means any treatment, service, or procedure to diagnose or treat your physical or mental condition. The person you appoint must be […]

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May 9, 2020
Q. My dad passed away due to COVID 19, my mom needs to access money from his account to pay for the burial but she is not a signer on his bank account. Is there a special law to address this due to COVID 19, if, not, what can she do?

A. Unfortunately, there is not a special COVID 19 law, and the bank will not release the money to her unless she is the beneficiary of the account or it is in trust for her. She will have to commence an Estate Proceeding in the Surrogates' Court of the county where he resided.

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May 9, 2020
Q. What happens to the Stimulus check of my loved one if they pass away prior to the check being received?

If you are married? If the check was for your parent? If the check was for your child? A. The stimulus payment was issued based on an individual's 2018 or 2019 Income Tax Returns. This has resulted in payment to individuals who passed away after the return(s) were filed. It was initially thought that the […]

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December 6, 2018
Real Estate Profits & Qualifying for Medicaid Don’t Mix…Or Do They?

Our firm receives a lot of inquiries about the qualification process for Medicaid if there is ever a need. In particular, many clients look to downsize their residence and move to the suburbs later in life. They are concerned about how to protect the equity they’ve built in their previous home. Medicaid Planning Common questions […]

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July 19, 2018
My Home Value Increased. Can I Still Qualify for Medicaid?

We have seen many clients selling houses within certain areas of New York who have benefited from increased real estate growth and value. In such areas, when the asset gains value, or the neighborhood has developed, many owners decide to downsize — perhaps moving to the suburbs, a condo, or a co-op. The most common […]

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May 31, 2018
Millionaire Leaves Fortune to Building Workers — but Nephew Is After the Money

This case demonstrates the consequences of not having a carefully drafted Last Will and Testament. Best. Tipper. Ever. An unmarried, childless Manhattan man left his $4.2 million fortune to the building workers of his longtime Sutton Place home in a handwritten will — but the bachelor’s nephew is fighting them in court to claim the […]

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April 25, 2018
Estate Accountings in Surrogate’s Court
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April 11, 2018
To Have (or Not to Have) a Will? That Is the Question

Have you ever asked yourself: Do I need a will? Pop culture’s portrayal of a will execution and the probate process has resulted in many misconceptions including but not limited to: • All assets will automatically go the surviving spouse; and • The state will take money from the estate if there is no will.

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March 28, 2018
Revocable vs. Irrevocable Trusts

Trusts are valuable tools in estate planning, but they are often misunderstood. That might be because there are two different types of Trusts: revocable and irrevocable.

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Clients first entrusted us to help them with their estate planning and elder law issues over 30 years ago. Since then, we have expanded our practice to include real estate, but our focus continues to be on assisting clients with some of the biggest issues they will face in their lives.

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