For a consultation call (631) 941-3434 or send us a email.

Estate Planning and Elder Law Blog

Joint Accounts

Joint Accounts

Question: Someone told me to avoid probate, so I have added my two children as joint owners on my bank accounts or put them “in trust for” my children. Does this protect my assets from Medicaid too? Answer: No, it does not. Adding a joint owner on bank accounts does not protect them for Medicaid purposes and neither does designating them as a beneficiary. “In trust for” accounts are a misnomer. When an account states that it is “in trust for” someone it does more »

Power of Attorney and Gift Riders

Power of Attorney and Gift Riders

Question: My mother recently signed a Power of Attorney but since she does not typically give gifts, she decided against signing the Statutory Gift Rider.  A friend of mine told me that she may still want to sign that part of the document, is this true?   Answer: Yes, it may be. The Power of Attorney is a document in which a person referred to as “the Principal” can designate another person or persons referred to as “Agents” to act on their behalf with re more »

Why Do I Need a Last Will and Testament?

Why Do I Need a Last Will and Testament?

Planning for the future can sometimes be difficult.  Creating an estate plan can give you the peace of mind you need, while also making it easier for your loved ones to handle your affairs when you die.  We often find that while our clients understand the basics of certain estate planning documents, they are often surprised to see that many of these documents are multifaceted and serve multiple purposes.  A Last Will and Testament is a legal document memorializing your wishes on more »

VA Planning

VA Planning

Most veterans are not aware of the benefits they are entitled to under the Veterans Administration.  For example, there is a benefit referred to as the improved Pension through the Department of Veteran’s Affairs (VA), more commonly referred to as Aid and Attendance Pension.  Assuming you meet the eligibility requirements, the VA permits payments to care givers (including family members, but not spouses) for care provided to the veteran and/or the spouse.  This benefit is al more »

Kera Reed, Esq. and Brittni Sullivan, Esq. Honored at Hofstra's Outstanding Women in Law Awards and Diner

Kera Reed, Esq. and Brittni Sullivan, Esq. Honored at Hofstra's Outstanding Women in Law Awards and Diner

Kera Reed, Esq. and Brittni Sullivan were honored by Hofstra University School of Law as Emerging Leaders at the Outstanding Women in Law Awards and Dinner on April 23, 2018. The Outstanding Women in Law distinction honors those who serve as role models for the next generation of women lawyers and judges. Today, women attorneys are represented in the highest echelons of the legal profession and the judiciary.  

Giving Your Estate Plan a Spring Cleanup

Giving Your Estate Plan a Spring Cleanup

Question: Spring cleaning has me thinking I may need to update more than my window treatments. What changes should I be making to my estate plan? Answer: Spring has sprung! Warmer temperatures and more daylight have a way of inspiring people to refresh their houses and cleanup their yards to make way for the summer season. Not unlike our homes and yards, your estate plan may be in need of a spring cleanup too! If it has been a few years since you have visited with your attorney, now is the perf more »

What is an Executor?

What is an Executor?

Q:        I was named as the Executor in my father’s Will.  What is an Executor?    A:         The Executor of an Estate is the individual named by the Decedent in his or her Last Will and Testament to act on behalf of the Estate.  The Executor is entrusted with the responsibility of making sure the Decedent’s last wishes are carried out with regard to the disposition of the Decedent&rsquo more »

Pooled Income Trusts

Pooled Income Trusts

Question:  My parents are in their eighties and live at home together.  My mother is in good health; however, I have noticed my father’s health is declining. While my mother is able to assist him in some ways, I think he would benefit from Medicaid home care services by having an aide to help in their home.  I know that there is a maximum amount of income people allowed to be on Medicaid and I am worried they will not be able to maintain living in their home. Is it possible more »

Medicaid After the Budget

Medicaid After the Budget

On March 31, 2018 the New York State Legislature and Governor Andrew Cuomo finalized the budget for the 2019 fiscal year.  In January, the Governor’s office set forth a budget proposal.  Using that as a jumping off point, the Legislature and the Executive started a negotiation process that resulted in the budget beginning the fiscal year on April 1, 2018. Elder law attorneys across the state watch the budget proposal and negotiations closely to see what, if any, impact there wil more »

Who Inherits My Property If I Die Without a Will?

Who Inherits My Property If I Die Without a Will?

Q: I am an unmarried person and do not have any children. My parents died many years ago and I have no siblings.  Who inherits my property if I die without a will? A: Dying without a will is known as dying “intestate”.  When someone dies intestate the law determines who inherits from an estate. To administer the estate, it must be determined who are the distributees of the decedent. If you pass away without a spouse, children or parents or siblings, the following persons more »

© 2018 Burner Law Group, P.C.     Disclaimer & Attorney Advertising   

/div>