Practice Areas in Depth

Estate Planning

With or without a Will, you already have an Estate Plan. 

How? 

If you die without a Will, the State provides a hierarchy through which your assets will pass.  This is called the laws of intestacy.  In New York State, your assets will not necessarily pass in the manner in which you think it will.  This is of particular concern for unmarried or same-sex couples (see our separate page on Issues and Considerations for Unmarried and Same-Sex Couples).   Consulting an attorney and preparing and executing a Last Will and Testament and advanced directives gives you the tools to ensure that your assets pass in accordance with your wishes, and that the right people are designated to make decisions for you in the event that you are unable to do so.  You may also want to consider a Trust (see separate page on a Matter of Trusts).  These are invaluable tools to help you accomplish your planning goals.  The initial cost of implementing these documents through counsel is minimal compared to the cost and expense that could and will likely ensue in litigation disputes. 

Our firm provides all form of estate planning, from traditional wills and revocable trusts to other specialized techniques such as irrevocable trusts, special needs trusts, family limited partnerships, LLC agreements, and caregiver agreements.  We also advise clients on business succession planning. 

If you have a Last Will and Testament, you should regularly review your documents to confirm that they are consistent with your present intentions, particularly if you experience a life change such as divorce or the birth of a new child, or if a family member or beneficiary of your estate does so.    

Elder Law

What is elder law?  Elder lawyers advise clients on a range of issues impacting seniors and their families, ranging from health care, financial planning, home care assistance, and long-term needs.  It also involves other areas of the law such as contract law, health care insurance regulations, Public Health Law, Mental Hygiene Law, the Internal Revenue Code, and state and local tax issues.  The issues elder lawyers face are always fact specific and personal to the individual client.  Elder lawyers seek to provide their clients with a comprehensive overview of the issues involved and how they interact.  This area of law also relates to special needs and disability planning, and therefore "elder law" isn't limited to the elderly. 

Because the issues faced by elder lawyers are so broad and varied, elder lawyers spend much time continuing their education by reading journals, attending seminars, adn staying apprised of frequent changes to legislation and in cases decided by the courts.  Like snowflakes, no two clients have the exact same set of facts, and there are likely different solutions for each client.  What works for one client may be completely inappropriate for another.  The constant changes in the law make it necessary for you to consult with an elder law attorney to develop a plan that can best address your and your family's needs.  Legal fees in this area is well spent for the knowledge, experience and advice an elder law lawyer can provide. 

Medicaid Planning

Medicaid is a joint federal and state program designed to provide the elderly (over age 65), the disabled and the blind with additional services.  Medicaid is a means-tested program.  In order to be eligible for Medicaid in 2009, an applicant could have no more than $13,800 in resources (i.e. assets) and no more than $787 in monthly income for home care, and (depending on the county), approximately $50 per month for nursing home care.  This may seem drastic until one considers that the average cost of nursing home care in New York State ranges from $15,000 to $20,000 per month! 

There are two invaluable tools in planning for Medicaid eligibility:  the Irrevocable Trust and the Pooled Trust, both of which can help protect the assets of a person who may not have enough money to pay for home care or nursing home assistance and wants to become eligible for Medicaid.  You should consult an Elder law attorney to determine whether either or both of these tools are right for your situation. 

Many people also think that there is automatically a "penalty" for Medicaid.  What most people don't know is that you can be eligible for Medicaid home care assistance without a long-term penalty for transfers to an Irrevocable Trust or a family member.  Again, you should consult an Elder law attorney to determine whether this is possible for your particular situation.

Estate Litigation

Sometimes the best laid plans go unfulfilled.  Fiduciaries may fail to meet expectations, provisions in documents are unintentionally ambiguous, or a disgruntled relative or disinherited child wants to contest your will.  Our approach to litigation is to consistently focus on the client's individual goals and attempt to achieve those goals in an efficient and cost-effective manner.  Experience and comfort with your attorney matters when dealing in the realm of litigation, particularly in the emotionally-fraught realm of estate litigation.