Suffolk County NY Estate Planning Elder Attorneys: Burner Law Group, P.C.
For a consultation call (631) 941-3434 or SEND US A EMAIL >
Burner Law Group

Estate Planning and Elder Law Blog

Disqualification of Nominated Executor

Disqualification of Nominated Executor

Q: My father recently passed away. I have one brother and one sister. The will divides the assets equally among the three of us. My father’s will has nominated my sister as Executor. She declared bankruptcy several years ago and I do not think that she should serve as Executor. Do you have any advice? A: The person selected to act as the Executor can be anyone that the testator wants to conduct the administration of the estate. There is no requirement that the Executor have any experience...more »

Estate Planning and 529 Plans

Estate Planning and 529 Plans

Question: I have three grandchildren and want to start saving for their college education. Is opening a 529 Plan advisable? What are the implications with respect to my grandchild’s financial aid eligibility and my own estate plan? Answer: When it comes to college financial aid and estate planning considerations, there is never a single right answer. Obviously contributing to your grandchild’s educational future is important and you do not want to put them or yourself in a worse...more »

Further Estate Planning after the Death of a Spouse

Further Estate Planning after the Death of a Spouse

Losing a spouse is an extremely difficult time in life and handling the administration of their estate can be a stressful experience. When you are ready, it is important to seek the advice of an estate planning and elder law attorney to discuss what needs to be done on behalf of your spouse’s estate and also what planning you need to do for your own estate. Your attorney will want to review all assets held by your spouse, whether individually or jointly with you, and all assets in your...more »

Turnover Proceeding

Turnover Proceeding

Question: I am the Executor of my mom’s estate and there is only $10,000 left in her bank account. A year before she died, my mom had much more money. I think someone may have taken her money before she died. What should I do? Answer: If you suspect that somebody has wrongfully taken money or property from your mom before she died, you can commence proceedings in the Surrogate’s Court asking the Court to allow you to investigate who took the money. After the investigation, if you...more »

I Have an Irrevocable Trust, Now What?

I Have an Irrevocable Trust, Now What?

Q: I want to start looking into creating a trust to protect my assets for Medicaid but the idea is over-whelming, can you explain the process? A: There are several types of trusts. One type is an irrevocable trust for Medicaid asset protection purposes. This trust will protect certain assets in case they need to apply for government benefits to assist them with their daily activities.  The drafting process of the trust document is vital because it outlines the rules of the trust. Without...more »

Beneficiary Designations

Beneficiary Designations

Q: I have an estate plan in place including a will, power of attorney, and healthcare documents. Is there anything else I need to do? A: Creating an estate plan is the first step in preparing for your future. It is also important to ensure that all your assets are properly titled or have the correct beneficiary designation language in order to carry out your wishes regarding the distribution of your assets at your death.  Your last will and testament is a document that memorializes your...more »

Does Community Medicaid Cover Supplies?

Does Community Medicaid Cover Supplies?

Question: I am considering applying for Community Medicaid for my mom in order to cover the cost of home health aides. I heard that Community Medicaid might pay for certain supplies my mom could use in her home, is that true? Answer: Yes. The Community Based (Homecare) Medicaid program can assist families in paying for the cost of home health aides as well as other programs, supplies and equipment. Once approved for Community Medicaid, the individual may be enrolled in a Managed Long Term Care...more »

Estate Planning and Supplemental Needs Trust

Estate Planning and Supplemental Needs Trust

When planning for the differently-abled, the use of Supplemental Needs Trusts as part of your estate planning will ensure that you have provided protections for those with special needs and disabilities. When considering your estate planning it is important to consider any beneficiaries who may have special needs or disabilities. Receiving an outright inheritance could negatively affect these individuals, as oftentimes they are entitled to, and receive, need-based government benefits such as SSI...more »

Compelling a Fiduciary to Account an Estate

Compelling a Fiduciary to Account an Estate

Q: My brother is the Executor of my mother’s estate. It has been three years since she died, and he has not distributed anything. What do you recommend I do? A: I recommend that you demand that your brother to provide an accounting. This demand should be in writing. This accounting should show what he collected, what was paid out, how much is on hand and how he calculated your share. In the alternative, your brother could provide you with copies of all estate account statements and copies...more »

Community Medicaid and Your House

Community Medicaid and Your House

Question: I am currently paying for caregivers to come to my house and assist me with day to day tasks. My friends tell me that I should apply for Community Medicaid but I own my home. Does the equity in my home disqualify me for Community Medicaid? Answer: The answer is technically that you can own your home and qualify for Community Medicaid benefits. However, the complete answer is more complex than a simple yes or no. Medicaid is a needs-based benefit that you must qualify for with certain...more »

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