Blog

2017 Medicaid Program Recap

Medicaid is a means-test program that may provide benefits for Chronic Care Medicaid or Community Medicaid, among other things. Chronic Care Medicaid is care that is provided in a skilled nursing facility and Community Medicaid is care that is provided in an individual’s home by a home health aide.

 

Qualifying For Chronic Care Medicaid In 2017

An applicant may have up to $14,850.00 in resources.  A person may have retirement accounts, such as IRAs, so long as he or she is taking the minimum monthly distributions. A pre-paid burial account is considered an exempt asset.  A person may have a maximum of $14,850 in assets and an income of no more than $50.00 per month. Any additional income must be used towards his or her cost of care.
Continue reading “2017 Medicaid Program Recap”

What Employers Need to Know About New York’s Anti-Discrimination Laws

New York employees are protected against employment discrimination under federal, state and local laws. Several federal laws extend protection against discrimination to employees. The most prominent law is Title VII of the Civil Rights Act of 1964 (Title VII). Title VII prohibits employers from discriminating against employees based on sex, race, color, national origin, and religion. Both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) extend employee protections to more categories than federal law. Continue reading “What Employers Need to Know About New York’s Anti-Discrimination Laws”

Mortgaging A Property In A Trust

Many individuals wonder if they can obtain a mortgage on real property that is owned by a Medicaid trust. Unfortunately, a bank will not likely offer a mortgage or home equity line of credit for property that is in an irrevocable trust. However, in New York State, a Medicaid trust that is irrevocable can be revoked. This means that an individual has the ability to remove the real property from the trust in order to receive a mortgage or home equity line of credit on the property. However, consent must be obtained from the beneficiaries of the trust. Obtain consent from those who are beneficially interested must comply with strict requirements. For this reason, it is important to have an experienced attorney provide assistance. Continue reading “Mortgaging A Property In A Trust”

Selecting A Trustee For A Special Needs Trust

special needs trust lawyer Long IslandA Special Needs Trust (SNT) preserves the assets of a person with special needs to support his or her lifestyle. An SNT allows the person to receive supplemental resources without jeopardizing his or her public benefits. Public benefits include Supplemental Security Income (SSI) and Medicaid benefits. An SNT is usually created by a parent or loved one for a child with special needs. Oftentimes, parents may find it difficult to select a trustee for the SNT that he or she is funding. A trustee is responsible for overseeing administrative decisions, including any distributions. Continue reading “Selecting A Trustee For A Special Needs Trust”

NY Paid Family Leave to Apply to All Private Businesses, Regardless of Size

Garden City business and employment lawyerOn January 1, 2018, New York State’s Paid Family Leave Benefits Law (PFL) will go into effect. Under the legislation, PFL will be a mandatory benefit in New York that will provide paid time off to employees to bond with their new child, care for a seriously ill loved one, or to address family issues that may arise due to a qualifying military exigency, while protecting their employment. PFL is designed to phase in over four years, increasing annually in weeks available and max percentage of average weekly wage. Continue reading “NY Paid Family Leave to Apply to All Private Businesses, Regardless of Size”

New York Police Officer Divorce Considerations

It’s a common misconception that police officers divorce more frequently than other occupations. A recent Radford University study revealed that the average divorce rate for law enforcement careers is 14.47 percent, well under the national average for all occupations of 16.96 percent. Despite the fact that police officers divorce no more frequently than other occupations, they do have unique factors that must be taken into consideration when filing for divorce. One of the most important is the equitable distribution of a police pension. Continue reading “New York Police Officer Divorce Considerations”

New York Military Divorce

New York military divorceThe military lifestyle is hard on both the service member and their spouse. For some military couples, their relationships may ultimately end in divorce. When going through a divorce, many military families experience the same concerns and issues that civilian ones do. However, military couples must take other important factors into consideration, such as which state to file in, division of pension benefits, division of military benefits, and legal representation. Continue reading “New York Military Divorce”

Disinheriting A Spouse In A Will Or Estate Plan In New York State

disinheriting a spouse NYOrdinarily, in New York State, a decedent is unable to disinherit his or her spouse. According to Section 5-1.1-A , Right of Election by a Surviving Spouse of the Estates, Powers and Trusts Law, a surviving spouse is required to receive a share of the decedent’s estate. It states that the share will be equal to the greater of $50,000 or one-third of the decedent’s estate. Continue reading “Disinheriting A Spouse In A Will Or Estate Plan In New York State”

Deducting Long-Term Care Costs On Income Tax Return

Long-term care includes the ongoing medical and social services that address the needs of those living with a chronic illness, disability or lack of mental capacity, such as Alzheimer’s disease. Long-term care involves assistance with daily tasks, such as bathing, dressing or eating. It may also include assistance with daily living activities, such as house cleaning and transportation. Continue reading “Deducting Long-Term Care Costs On Income Tax Return”

Buying A Foreclosed Property May Lead To Eviction

In New York State a foreclosure is a legal action in which the mortgage holder obtains title to a property due to a borrower defaulting on a loan. Once a judgment is obtained, the foreclosed property is auctioned off. A deed, known as a “Referee Deed,” is then created, which transfers title of the real property to the highest bidder. Continue reading “Buying A Foreclosed Property May Lead To Eviction”

Contact Us Today For Your FREE Consultation

Skip to content