New Executor Nomination Form Explicitly Requests Criminal History

estate administration lawyer Long IslandWhile a testator has the ability to name anyone as his or her executor, there are certain grounds for disqualification. According to the Surrogate’s Court Procedure Act § 707, a nominated executor is ineligible if he or she is: Continue reading “New Executor Nomination Form Explicitly Requests Criminal History”

Establishing a Pet Trust Will Protect Your Furry Friend

pet trust lawyer Long IslandToday, furry friends have become part of the family. Recently, more pet owners are looking to ensure that their pets are taken care of in the event he or she becomes incapacitated or dies. One way to ensure that a beloved pet is taken care is to establish a comprehensive pet trust. A pet trust is a valid legal directive that provides protections to ensure that a pet is well taken care of in accordance with the owner’s wishes. Continue reading “Establishing a Pet Trust Will Protect Your Furry Friend”

Executors Play an Important Role

estate planning lawyer Garden CityAn executor of an estate is the person named to act on behalf of the decedent. An executor has a fiduciary duty to ensure that the decedent’s wishes for the disposition of his or her property and assets are carried out accordingly. In addition, the executor is responsible for the administrative process of an estate, including paying taxes and creditors. Furthermore, an executor is not required to have prior experience or knowledge in the field. Continue reading “Executors Play an Important Role”

Navigating the Uncertainties for Long-Term Care Needs

Garden City Medicaid trust lawyerMedicare is a Federal program enacted in 1965. It is an earned-benefit program for those that are aged 65 or older or disabled. It consists of parts A, B, C and D. Part A is for hospital insurance coverage, as well as limited stays in nursing homes and some rehabilitative services such as physical, vocational, and speech therapy. Usually, there is no co-pay for Part A coverage. However, it is $167.50 per day for skilled nursing facility visits in excess of twenty-one days. Continue reading “Navigating the Uncertainties for Long-Term Care Needs”

Be Familiar with a MOLST Form

Garden City elder law attorneyIn 2006, the Medical Orders for Life-Sustaining Treatment or MOLST program began in Onondaga and Monroe Counties and was later implemented on a statewide basis. In 2010, the Department of Health updated the MOLST form to remain compliant with the Family Health Care Decisions Act (FHCDA). A MOLST form is an advanced directive that a person may choose to execute to ensure that his or her wishes for end of life are carried out properly. Requesting a MOLST form helps assist in facilitating a discussion between medical professionals and patient’s or his or her legal surrogate to develop an adequate treatment plan that reflects the patient’s desires in the end stages of life. Continue reading “Be Familiar with a MOLST Form”

Guardianship Proceedings

Garden City guardianship lawyerFor a person to execute advanced directives such as a Health Care Proxy, Living Will, and Power of Attorney he or she must have the mental capacity to understand what he or she is signing and the power that is being given to the designated agent(s) named in the documents. If an individual does not have adequate capacity to execute advanced directives, an Article 81 proceeding may be commenced in order for a court to appoint a guardian. Article 81 of the New York State Mental Hygiene Law allows a proceeding to occur before a judge, where a person may request that the court appoint a guardian to act on behalf of a mentally incapacitated individual. Continue reading “Guardianship Proceedings”

The Difference Between a Living Will and a Last Will and Testament

estate planning lawyer Garden CityLiving Will

A living will is a medical directive outlining how a person wishes to be treated in the event that he or she becomes incapacitated and can no longer make decisions for themselves. A living will may address situations involving: Continue reading “The Difference Between a Living Will and a Last Will and Testament”

Executor Ineligibility

A testator has the ability to name anyone as executor of his or her estate. The executor is responsible for carrying out the administrative process of an estate and is not required to have prior experience or knowledge in the field. In New York State, the court usually honors the nomination of an executor selected by the testator unless there are grounds for disqualification. Continue reading “Executor Ineligibility”

What To Do If You Don’t Have The Original Last Will And Testament

New York probate lawyerProbate is the process in Surrogates Court where a Last Will and Testament is proved and accepted, an executor is appointed and all assets are distributed to the intended recipients as stated in the Will. Joint assets with a right of survivorship, life insurance policies or other assets that name a beneficiary are not probated. The probate process includes paying estate taxes, debts, taxes and administrative costs, as well as distributing assets to the intended beneficiaries. Continue reading “What To Do If You Don’t Have The Original Last Will And Testament”

Don’t Forget to Sign a Spousal Refusal

NY Medicaid planning lawyerTo be eligible for Medicaid, which is a need-based program, certain income and asset requirements must be met. Oftentimes, one spouse will require care in a skilled nursing facility, while the other spouse continues to reside in the community home. More often than not, the spouse residing in the community home depends largely on joint income and assets in order to continue to pay necessary expenses. For this reason, Medicaid provides certain spousal allowances, which allow the community spouse to retain his or her income plus the institutionalized spouse’s income up to a total of $3,022.50. Continue reading “Don’t Forget to Sign a Spousal Refusal”