The Question: Despite a strained relationship with my daughter-in-law Jane, I have cared for my grandson in my home three days a week since he was born 5 years ago. My son died tragically a few months ago. Jane made new arrangements for my grandson’s care and will no longer allow me to see him. What […]
Author Archives: ltadmin
All You Need to Know About Prepaid Funerals
June 23, 2011 – 12:00 am
The Question: Is it true that I can spend down my resources in order to become Medicaid eligible by paying for my funeral in advance? The Answer: Absolutely. Not only can you prepay all of your funeral expenses without triggering a penalty under the Medicaid guidelines, but there is no limit to how much you may prepay […]
What Happens if the Trust is Not Funded?
May 26, 2011 – 7:01 pm
The Question: What, if anything, can be done if someone created a trust but failed to transfer any assets into the trust? My father intended to transfer his house and the funds in his brokerage account into his revocable trust to avoid probate and a possible Will contest by my brother. Unfortunately, my father never signed […]
Do You Make Too Much to be Medicaid Eligible?
April 28, 2011 – 7:01 pm
The Question: I created an irrevocable trust to protect my assets in the event I needed nursing home care in the future. The trust was funded over five years ago so I know that the Medicaid look-back period is not a problem. However, I am concerned about the income I receive from the trust. Is it […]
Third Party Recipients of Insurance Notifications
March 31, 2011 – 7:02 pm
In November, 2010, a new law took effect in New York which allows senior citizens 65 years of age or older, to designate a third-party to be notified by insurance carriers in advance of the cancellation or non-renewal of the senior’s health insurance or long term care insurance policy. Recognizing that many seniors can no […]
Eviction: What Tenants and Landlords Need to Know
March 3, 2011 – 7:03 pm
Every news outlet has featured stories about the home foreclosure crisis but, little attention has been paid to the impact of the economic downturn on the residential rental market. Unfortunately, both landlords and tenants have been adversely impacted by job losses, as well as a marked decrease in the value of real estate. Whether you […]
Options for Seniors to Terminate Their Residential Lease
February 3, 2011 – 7:04 pm
Facts: I have a two year lease on the apartment where I live. Due to my deteriorating health, I want to move into an assisted living facility. Question: Can my landlord insist that I pay the rest of the money due on my lease? Answer:Depending on your age and the circumstances of your move, you may be […]
The Who, What, Why Etc. of Contesting a Will
January 6, 2011 – 7:06 pm
Clients often express concern that a dissatisfied family member may contest the probate of their Will. While a Will contest can be costly both in terms of money and time, only certain individuals can object to the probate of a Will and only certain grounds for objecting are acceptable. A person is able to file […]
What Happens if you Die Without a Will?
December 2, 2010 – 7:11 pm
Many people mistakenly assume that, if they die without a Will, all of their assets are taken by the government. Although seizing a person’s assets may be a great way for the government to raise revenue, unless a person owes the government money, the government will not step in and seize a person’s assets when […]
Who is the Record Owner of Your Property?
November 4, 2010 – 7:08 pm
With low interest rates and a glut of properties on the market, an increasing number of clients are looking to purchase real property. Many of those clients are purchasing the property with friends and family members and have questions about how best to take title to the property. Since joint ownership of property can take […]
What is Probate?
October 7, 2010 – 7:09 pm
As an attorney that focuses on estate planning, I am frequently asked what “probate” means. Technically, probate is the court procedure by which a decedent’s Will is either proved to be valid or found to be invalid and unenforceable. However, many people use the word probate in a more general sense to mean the process […]
Wills vs. Living Trusts: What’s Right for You?
September 9, 2010 – 7:09 pm
The saying that nothing is certain except death and taxes is not accurate. The fact that taxes will increase is also a certainty, as is the fact that many people try to avoid paying taxes. Unfortunately, some attorneys take advantage of the public’s aversion to paying taxes and convince people that living trusts, also known […]
The Family Health Care Decisions Act
August 12, 2010 – 7:10 pm
After a 17-year battle, New York State finally has a law that provides a procedure whereby individuals can be named as surrogates with the authority to make health care decisions for incapacitated patients who have not signed a health care proxy. Considering the fact that only about 20 percent of the adult population have health […]
What You Need to Know Before Hiring a Home Improvement Contractor
July 15, 2010 – 7:12 pm
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 […]
Beneficiaries Under Joint Accounts and IRA’s
April 22, 2010 – 7:12 pm
The Facts: I have an IRA with a balance of $400,000 and a life insurance policy with a $400,000 death benefit. I was advised that if I name my son Mark as the beneficiary of my IRA, and my son Steven as the beneficiary of the life insurance, Mark will end up with less money. The […]
Children From a Prior Marriage & Property Ownership
March 18, 2010 – 7:13 pm
The Facts: My father had a daughter, Jane, from a prior marriage. He and Jane did not stay in touch. Since he wanted me to have his house after his death and wanted to avoid probate, my father put my name on the deed to his house after my mother’s death. The deed does not identify […]
Estate Planning, Legal Separation and Inheritance
February 18, 2010 – 7:14 pm
The Facts: My husband and I agreed to separate over 20 years ago. Since neither of us wanted to remarry, we never filed for a divorce. In my Will my estate is divided equally between my current partner and my son. The Question: I was told that my husband may have a claim against my estate when […]
Is a Joint Account Safe?
January 21, 2010 – 7:17 pm
The Facts: I recently went to the bank where I had a checking account with a balance that reflected over 50% of my estate. The account was in my name only. I am not well and am living with my son. I have two other children who, according to my Will, are to share equally in […]
Is This a Good Time to Buy a House?
November 19, 2009 – 7:14 pm
The Facts: My husband and I are thinking about buying our first house. The Question: Is this a good time to buy? The Answer: Absolutely! Inventory is high, interest rates are low and Congress has just extended the Homebuyers Tax Credit bill. Under the new bill, even people who are not first time buyers may be eligible for […]
Should I Put My Son’s Name on My Deed?
October 15, 2009 – 7:15 pm
The Facts: Since my son is gong to inherit my house when I die, I was thinking about putting his name on the deed now as a joint tenant with right of survivorship so he would not have to probate my Will. The Questions: What are the pros and cons of doing this? The Answer: If your only […]
The New Power of Attorney
September 24, 2009 – 7:15 pm
The Facts: The NYS legislature created a new power of attorney form that became effective on September 1, 2009. The Questions: How does the new form differ from the old one? Is the power of attorney I signed last year still valid? The Answer: To understand how the new power of attorney (“POA”) differs from the old […]
Beware of Named Beneficiaries
July 16, 2009 – 7:16 pm
The Facts: In her Will my mother directs that her estate be divided equally between me and my two siblings. One of my sisters is named as a joint account holder on my mother’s checking account. The Question: Is my sister entitled to the balance in the joint account in addition to a full 1/3 share of […]
What Does it Mean to be Tenants in Common?
June 18, 2009 – 7:16 pm
The Facts: My friend Mary and I purchased a house together and are named on the deed as tenants-in-common. We each contributed $150,000 to the purchase price, have both lived in the house and have split the carrying costs equally. Recently we had a falling out and I moved out of the house. I want to […]
Should I Have a Healthcare Proxy?
May 21, 2009 – 7:17 pm
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 by which competent adults appoint a person to make medical decisions for them in the event they are unable to make those decisions themselves. […]
What Constitutes Imprudent Management?
January 10, 2008 – 7:07 pm
It is well-settled that executors and other fiduciaries such as attorneys-in-fact are required to handle the assets under their control in a reasonable and prudent fashion. When a fiduciary crosses the line either by failing to act, or by engaging in imprudent management of assets, he risks being relieved of his authority to act and […]
A Winding Road From Biology
July 13, 2007 – 7:19 pm
Linda Toga, the new president of the Suffolk County Women’s Bar Association, has followed a twisting path. The New Jersey native attended college in Maine before earning a master’s degree in biology – with a concentration in electron microscopy – from Boston College Graduate School of Arts and Sciences. She was involved in early neurological […]