Deeds
Elder Law strategies will often involve transferring real estate out of your name, so it will not be counted as one your “resources” for Medicaid eligibility purposes, or become subject to a Medicaid lien or claim. If you transfer your house, condo or co-op to someone else such as a child, or into a Trust, […]
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House Sale Transfer
If you are elderly or disabled and need long-term care, and you live in a house in New York State, there are steps you can take to protect its value, and still obtain government benefits to pay for your care. If you are able to remain in the community, and your care will be in […]
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Condo Sale Transfer
If you are elderly or disabled and need long-term care, and you live in a condominium in New York State, there are steps you can take to protect its value, and still obtain government benefits to pay for your care. If you are able to remain in the community, and your care will be in […]
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Small Estate Proceeding
In New York, if a person dies with an estate that is worth less than $30,000, the estate can be administered in an abbreviated and less costly way, in a “small estate proceeding.” The small estate proceeding can be used whether or not the decedent had a Will. An “interested party” (someone who stands to […]
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Estate Administration
When a person dies without a Will (“intestate”), his or her estate is handled in a court proceeding that is very similar to probate. It’s called “Administration.” Since there is no Will, the laws of each state, called laws of intestacy, govern how the estate will be administered, and who will benefit from the estate. […]
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Probate Proceeding
Probate is a court proceeding initiated after the death of an individual, to collect his or her assets, pay any taxes or debts that may be due, and distribute the remaining assets in accordance with the deceased’s wishes as stated in his or her Will. In New York, the court that oversees the process of […]
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DNR
A DNR order is a document that instructs medical personnel that the person listed on the document does not wish to receive CPR if his or her heart and/or breathing stops. It will only take effect if the person is not able to communicate his or her wishes. Medical personnel will automatically perform CPR for […]
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Living Will
A Living Will is another vehicle for having your wishes carried out, but it can be problematic. With a Living Will, you spell out your instructions regarding end-of-life decision making in a formal written document. The difficulty is in its interpretation. Common phraseology such as “if there is little hope of recovery, I would not […]
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Advance Directive Attorney In NYC, Westchester, & The NY Metro Area
Advance directives are documents you put in place ahead of time, that give authority to someone you trust (your “agent”) to act in situations where you are not able to do so yourself, or where you prefer to have your agent’s assistance. With locations in NYC, Westchester, and the NY metro area, Lamson & Cutner […]
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Estate Planning
Estate planning is typically aimed at the most efficient way to transfer wealth to the next generation. Most people think of estate planning as a one-time, 'set it and forget it' process, where the goal is solely to give instructions about how they want their assets to pass to their heirs. While this can be appropriate, at Lamson & […]
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