Our Services

Estate and Probate
With a full range of services to offer, our goal is to develop the most complete and effective estate plan possible, tailored to the specific needs of each client.

ESTATE PLANNING

We also offer several special services. For example, we periodically remind our clients to review their estate plans and provide a calendar of important events to assist them in updating the plan’s provisions. Our attorneys are available to review and discuss life insurance, retirement plans, potential tax liability and other related issues.

PROBATE & TRUST ADMINISTRATION

Our attorneys and support staff provide broad experience in all facets of probate and trust administration. We educate our clients about the mechanics and details of probate and advise them of effective methods for avoiding or easing the burden of this process.
Our services in this area include:

We also provide comprehensive client representation in all disputes regarding estate and trust administration, such as:

In addition to offering traditional estate planning assistance we also provide guidance and counseling to older clients whose special planning needs include, financial planning; estate planning; major entitlement programs such as Social Security income, pension and retirement benefits, Medicare, and Medicaid; health care considerations;

Medicaid and Long-Term Care Planning

It is not necessary to drain your bank account or spend all your assets to put someone in a nursing home or plan for Medicaid. Without a good lawyer on your side, it is often difficult to sort through the truth, the many complexities and the myths about long-term care. Many people believe in the old notion that to protect their assets, they need to give away assets to family members at least three years before entering a nursing home. While this may be a good idea for some, it is not for everybody. First, there is no guarantee that the nursing home is the best option. Second, if gifting is done improperly, it may cause you to lose Medicaid benefits you might otherwise be entitled to. Gifting your assets without the assistance of an experienced Elder Law attorney is foolish and usually substantially limits your choice and quality of care.
A consultation with one of our attorney can help you determine the best way to protect and enjoy your assets while preparing you for whatever the future holds. Even if a loved one has already encountered a disability and is facing difficult decisions today, it is usually not too late to plan and protect your assets.
Our lawyers have years of experience dealing with every issue related to senior care. We regularly secure home-based care and assisted living arrangements. Our attorneys can resolve any issue arising from nursing homes, from elder abuse to "bed wars." We are there to hold your hand through the entire nursing home / Medicaid process. We give your family peace of mind and save your family’s hard earned money that doesn’t need to be spent on the nursing home. If you are a senior citizen, or are simply concerned about your aging father, mother, grandfather or grandmother, know that you can trust us.
Medicaid is a joint Federal and State program. Unlike Medicare, this program has resource and income eligibility standards. Medicaid covers Long Term Care ("custodial care") which is not covered under Medicare or Medicare Supplemental Insurance.

Who Can Qualify?

Aged (65 or older), blind or disabled individuals, or children under age 21 who meet the income and resource Medicaid eligibility requirements may qualify for Medicaid. Others may qualify by meeting the public assistance standards of eligibility.

Eligibility

The Medicaid applicant is allowed to have non-exempt assets up to $3,600 (for 2000, adjusted annually). Funeral expenses may be prepaid.
Homestead - A primary residence is exempt for purposes of Medicaid eligibility under certain conditions.
Living Trusts - Irrevocable Living Trusts can be created so that the assets will not be considered available for purposes of Medicaid eligibility subject to the transfer penalty rules. In addition, there are Special Trusts which can be set up for a disabled individual without a transfer penalty.
Transfer Lookback Period - There is a thirty-six (36) month lookback period for purposes of Medicaid eligibility. A sixty (60) month lookback period applies in regard to transfer to and from certain types of Trusts.
Transfer Penalty Rule - There is a period of ineligibility for nursing home care under Medicaid for the transfer of assets for less than full consideration, subject to certain exceptions.
Spousal Allowances - In New York, a community spouse will be able to retain a certain level of resources and monthly income, and, at the same time, have an ill spouse qualify for nursing home care under Medicaid.
Monthly Budget - The Medicaid recipient's monthly income over a certain level must be used to pay for care, before Medicaid will pay the unpaid balance.

Programs

There are three primary programs under Medicaid: The Community Based Home Care Program which provides care at home; The Nursing Home Care Program which provides care in a nursing home; and the Long Term Home Health Care Program which provides a coordinated plan of health care and social services for an individual at home.