Category Archives: Estate Planning
LGBTQ+ Estate Planning In New York
The U.S. Supreme Court legalized same-sex marriage in 2015, in its decision in Obergefell v. Hodges. However, court decisions can be reversed or overruled; if this happens, many LGBTQ+ spouses may find themselves locked out of several legal processes predicated on marriage. Estate planning is a major legal field in which blood relatives are… Read More »
Choosing Your New York Healthcare Proxy Agent
When the average person thinks about their eventual passing, they prefer to think of it happening at home, surrounded by loving family. Thankfully, this will be the case for many Mahopac residents, but it is all too common for someone to pass on while in a hospital or other medical facility after acute distress… Read More »
Do I Need A New York Power of Attorney?
No one wants to think about getting older, but it is one of the few things that cannot be avoided. As it happens, it is important to ensure that your finances and your well-being are both properly protected. Executing a New York power of attorney (POA) can be a good solution in many respects… Read More »
Common Reasons to Update Your New York Will
A will is a critical legal document that ensures a person’s wishes regarding how their assets are distributed after they pass away are honored. However, a common mistake people make is drafting a will and then storing it away, never to think about it again. This can be problematic. In New York, like in… Read More »
What Happens if You Die Without a Will in New York?
The purpose of writing a last will and testament is primarily to control who gets your assets after you pass away. Who should inherit your house? Who should inherit your money? Who do you not want to get anything? But what happens if you die “intestate” – that is without a will? Some people… Read More »
Guardianship vs Power of Attorney: Understanding the Difference
In New York, guardianship and power of attorney (POA) are tools used to manage a person’s affairs when they cannot do so themselves. Both tools allow other people to make crucial decisions on behalf of other people. However, while these two tools may serve the same purpose (ensuring someone can make decisions on behalf… Read More »
PROBLEMS WITH THE NEW TRANSFER-ON-DEATH-DEEDS LAW
In April 2024, New York State adopted the new Transfer-On-Death Deeds (“TODD”) law. The law aims to simplify the transfer of one’s home to their heirs by bypassing the Court proceedings which are part of the probate process. Theoretically, this law succeeds at that because now a homeowner can list beneficiaries on a TODD. … Read More »
Protecting Your Digital Assets in a New York State Estate Plan
In today’s digital age, a person’s estate is not limited to physical assets. Today, people own a variety of other assets that are not in a physical form. Some of these are, known as digital assets. Digital assets include social media profiles, cryptocurrencies, email accounts, etc. Our digital assets hold significant value, just like… Read More »
Spousal Refusal & New York Medicaid
In the U.S., the program that oversees most medical care for the elderly and disabled is Medicare, which offers coverage for many different types of service. That said, if a Westchester County resident needs long-term care, it is Medicaid that will cover those bills, assuming the person qualifies for benefits. Applying for New York… Read More »
Effective Asset Protection Strategies During The Medicaid Look-Back Period
When a Westchester County resident is seeking long-term care from Medicaid, too often they simply apply for care without planning properly, which can lead to many of their assets winding up in Medicaid’s hands instead of with their chosen beneficiaries. The far better option is to plan before the need for care arises –… Read More »