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Elder Law & Estate Planning
Getting the Most from Your Long-Term Care Insurance Policy
By Laura Brancato, Esq., During a new estate planning consultation, I will always ask my client whether they own a long-term care (LTC) insurance policy. Whether a client has funds set aside through such policy to offset their long-term care needs is an important part of creating an appropriate and sound estate plan. It is our practice to review…
Article 81 Guardianship Litigation: Removing a Guardian
By Stephanie L. Goldstein, Esq. A guardian has been appointed for you. What happens if you don’t like your guardian? Guardianships, or conservatorships as they are referred to in some states, have come under intense scrutiny in light of the Britney Spears conservatorship. There are numerous elements to Spears’ conservatorship to explore, including requesting authority…
Potential Litigation Under the General Obligations Law
By Joel Krooks, Esq., Littman Krooks LLP A Power of Attorney is a very powerful legal document that allows a person (referred to as a principal) to appoint another person (referred to as an agent) to assist with the principal’s finances on their behalf. Often, spouses, children or siblings act as agents for the principal.…
New York Medicaid Applications and the Unlicensed Practice of Law
By Brian L. Miller, Esq., Littman Krooks LLP Recently, the New York chapter of the National Academy of Elder Law Attorneys (NAELA) proposed legislation in Albany regarding the unlicensed practice of law surrounding Medicaid applications submitted by non-attorneys. While federal regulations allow non-attorneys to prepare and submit routine Medicaid applications on behalf of an applicant,…
Article 81 Guardianship Litigation
By Stephanie L. Goldstein, Esq., Littman Krooks LLP In light of how they have been portrayed in the media lately, guardianships can be viewed negatively by those who have not been personally involved in the process. The application process can appear daunting as there is little information provided to the public. We are here to…
Hey Dad, Can I Borrow Some Money?
By: Bernard A. Krooks, Certified Elder Law Attorney We all want to do right by our children. Sometimes, even as adults, our children encounter cash flow issues and need a little help. So, as parents we are often called upon to lend money to our children. As lawyers, we hear similar stories all the time:…
Britney Spears’ Case Is Back in Court. Here’s What Could Happen Next With Her Conservatorship.
Time.com | July 14, 2021 | By Megan McCluskey featuring Bernard A. Krooks, Esq., Littman Krooks LLP
Securing the Safety of Clients in Family Court
By: Laura Brancato, Esq., Littman Krooks LLP Elder Law practitioners work within complex family dynamics when they engage with their clients on a variety of topics. Most often, even if tension exists among family members, the exchanges among the parties are civil. In some circumstances, however, family dynamics are more complex and even become unsafe.…
Remote Notarization and Witnessing Has Ended
By Brian L. Miller, Esq. With Governor Cuomo officially ending the New York State’s COVID-19 State Disaster of Emergency on June 24, 2021, so too ended his authority to suspend and modify laws using executive orders. As such, the Governor’s executive orders which allowed remote notarization and remote witnessing of documents have ended. Effective June…
The Benefits of a Credit Shelter Trust
By Joel Krooks, Esq., Littman Krooks LLP In 2021, the New York estate tax exemption amount is $5,930,000. If an individual has over $5,930,000 of assets, then that individual will owe an estate tax at their passing. One planning technique for individuals to consider is to use a Credit Shelter Trust in estate planning documents.…