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May 15, 2022
A Long Island Estate Administration Attorney Answers the Most Frequently Asked Questions About Probate

What is probate? What do you need to know about it? Upon your death, the probate process ensures that all your estate debts are paid and that your beneficiaries receive your assets. If you don’t come from a legal background, understanding some critical aspects of probate can help you make informed estate planning decisions.  At […]

April 15, 2022
How Does a Special Needs/Supplemental Needs Trust Work in New York?

Melville, NY Estate Planning Lawyers explain special needs trusts. Call (631) 756-6006 to schedule a consultation.  As millions of Baby Boomers become part of the elderly population, many make arrangements for their retirement and long-term medical care. However, this demographic also acts as primary caregivers for many non-elderly disabled children who will need sufficient care […]

March 15, 2022
Understanding a Pooled Income Trust in New York

In New York, residents who need Medicaid for home care have to qualify for the assistance, which means they cannot earn income above the Medicaid limit. The unfortunate truth about these limits is that many family members make too much to qualify for Medicaid assistance, but they don’t earn enough to pay for home care […]

March 10, 2022
Schneider, Garrastegui & Fedele Attorney to Speak at NBI Online Seminar in April

(MELVILLE, New York) Vivian Garrastegui, Elder Law Attorney and Partner at Schneider, Garrastegui & Fedele, PLLC, is pleased to announce that she will be speaking at a live online seminar sponsored by the National Business Institute (NBI). The “Elder Law, Medicaid, Veterans Benefits Planning: The Complete New York Guide – Navigate Benefits Coverage, Procedure, and […]

February 15, 2022
What You Need to Know About Medicaid and the Lookback Period in New York

Many people in New York with low-income status require Medicaid assistance to cover community-based long-term care (CBLTC) services. On March 25, 2021, the state of New York (State) submitted their Waiver Amendment Request – Application for 1115 Waiver Authority to Implement a 30-month Transfer of Assets Lookback for Community Based Long-Term Care Services (Waiver Amendment) […]

January 21, 2022
Elder Law Attorney Vivian Garrastegui Appears on The Donna Drake Show

Melville, New York - Vivian Garrastegui, Elder Law Attorney and Partner in Schneider, Garrastegui & Fedele, PLLC, recently joined The Donna Drake Show: Live It Up! to discuss Wills, Medicaid Planning, and Estate Planning. Vivian Garrastegui, a National Academy of Elder Law Attorneys, Inc. Member, explains what happens when someone passes away without a Last […]

January 18, 2022
What Is a Supplemental Needs Trust in New York?

Individuals with disabilities require ongoing care and advocacy well into adulthood. A big part of advocating for family members with disabilities is making sure they don't miss out on the social services they'll need for the rest of their lives. A supplemental needs trust (SNT) allows New York families and guardians to create a financial […]

May 9, 2020
Q. Do I qualify for the Economic Impact Payment of $1,200.00 if I receive Veterans benefits, Supplemental Security Income or Social Security Retirement, Disability or Survivors Benefits?

A. YES. If you did not file an Income Tax Return for the years 2018 and 2019 you will still receive the sum of $1,200.00. If you have a child under 17 years old, you may have to provide information to the IRS in order to receive the sum of $500.00. You still have to […]

May 9, 2020
Q. What if I have a disabled child and I do not want to leave that child his/her inheritance so that he does not lose his Medicaid or Supplemental Security Income. Should I leave them or of my estate plan and anticipate their siblings will take care of them?

A. This is a question we get a lot and the answer is generally, no. Through various estate planning mechanisms, we carefully craft an estate plan that will provide for a disabled child and not impair their ability to obtain government benefits.

May 9, 2020
Q. Do I need a Last Will and Testament?

A. Absolutely! By executing a Last Will and Testament you designate the person or persons you want to inherit your assets, bank accounts, real property, etc. You also designate the person you want to be in charge of, the executor. If you do not have a Last Will and Testament, then your assets will be […]

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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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