Category Archives: Uncategorized

Medicaid eligibility

THE FACTS: My house and most of my liquid assets are held in an irrevocable trust that I funded over five years ago. I am fortunate in that my income is sufficient to for me to live comfortably without using my savings. THE QUESTION: If I do need to move into a nursing home down […]

The rights of a grandparent

THE FACTS: Since my grandchildren, twin boys, were born seven years ago, I have cared for them five days a week while my daughter and son-in-law worked. My daughter is in the process of a divorce and my son-in-law will likely have shared custody. He is threatening to prohibit me from seeing the boys. THE […]

The legal significance of paternity

THE FACTS: My friend Joe, a New York State resident, was never married, but he and his on-again off-again girlfriend had a son together. The child was 14 months old when Joe died without a will. Before his death, Joe spent most of his free time with his son who lives with the girlfriend in […]

Do I Really Need a Healthcare Proxy?

The Facts: My daughter told me that I should have a healthcare proxy. The Question: What is a healthcare proxy and should I have one? The Answer: A healthcare proxy is a legal document recognized in New York by which competent adults appoint a person to make medical decisions for them in the event they […]

Is a Boundary Line Agreement Needed?

The Facts: I am selling my house. A number of years ago I replaced the fence that enclosed my back yard. The person who is buying my house had my property surveyed and it appears that the fence is about 3 feet inside my property line. The title company is requiring me to obtain a […]

Will or Beneficiary Form: Which Controls?

The Facts: I was told that the money in the joint account I have with my son and the money in my IRA will not be distributed according to my Will when I die. The Question: Is that correct? The Answer: Yes, that is correct. Many people mistakenly believe that, following their death, the provisions in their Will […]

Is the State Holding Your Money?

The Facts: After my mother died, I found the passbook for a savings account she had at a local bank. I contacted the bank and was advised that the account was closed and that the funds in the account were transferred to the state a few years before my mother’s death. The Questions: Can a bank simply […]

Is it Time for the Appointment of a Guardian?

The Facts: My aunt is widowed and living alone. Lately it has become clear that she cannot continue to live independently and cannot handle her finances. She is confused and does not appear to be eating well or bathing regularly. Unfortunately, there are no family members in a position to take care of my aunt. She […]

What You Need to Know Before Hiring a Home Improvement Contractor

With the onset of the warm weather, homeowners throughout Long Island have begun to focus on home improvement projects from replacing windows to building that much needed addition. While some homeowners take the “do it yourself” approach, many hire contractors to be sure the work is done correctly in accordance with local building codes and […]