Elder Law & Medicaid Planning
Our attorneys assist clients in navigating through various areas affecting seniors, including qualifying for Medicaid to obtain Community Care and/or Nursing Home. In doing so we ensure that our clients assets are protected and that mechanisms are in place so that hard-earned assets are not depleted in an effort to obtain long term care at a facility or in the comfort of their home. The high cost of long term care make it critical for seniors to understand their options and plan accordingly. Once a plan is established and executed, we work with a number of reputable home cares and nursing homes to begin caring for individual.
Estate Probate & Administration
Following the death of a family member, our attorneys will help you navigate the probate and estate administration process efficiently and as quickly as possible. Our attorneys represent executors and trustees in probate courts all over the State of New York to ensure a seamless and smooth estate administration process. Our attorneys are experienced in assisting executors, administrators and trustees in properly handling their fiduciary responsibilities.
Guardianship
Guardianship is when the court intervenes and involuntarily delegates a person’s rights in the event they are incapacitated or otherwise unable to make decisions.
We believe that avoiding guardianship if at all possible is the best route to go. There are other ways to make sure someone who is incapacitated is taken care of. The best possible step to take is a proactive one. Setting up an enhanced durable power of attorney long before someone is unable to care for themselves will ensure that they will be placed in the hands of someone they trust.
There are still some situations where guardianship will be necessary. If a person is completely incapacitated when their family seeks Medicaid planning or other estate planning services, and if there is no previous document outlining the incapacity plan, then we will need to go through the steps of guardianship.
Wills and Trusts
Wills and trusts are vital components of good estate planning. Although both share the ultimate goal of distributing property, each has its own unique advantages and disadvantages.
There is no time like the present to address what will happen to your family when you die or become incapacitated and unable to manage your own affairs. The decisions you make today will make the lives of the people you care for easier by protecting the assets from creditors or divorces, and providing financial security after your passing.
Will Contests
Will contests are court proceedings in which a court is called upon to determine the validity of a last will. Will contests can be avoided by enlisting the services of an experienced probate lawyer.
A will can be contested on multiple grounds, each with its own set of complications. The increase in second families as a result of late in life marriages has created complex issues in the distribution of estates. It is crucial to retain a highly experienced New York and New Jersey will contest lawyer to ensure that the intent of the decedent is defended.
Special Needs Planning
Special needs planning focuses on using legal tools and strategies to provide for the special needs of your loved one with disabilities.
If you have a family member with special needs, you must plan your estate accordingly. Your loved one may be eligible for government benefits, such as Medicaid, that are provided on a needs basis. If, however, your loved one inherits assets, it may disqualify them from receiving those benefits, and may result in portion of the estate being lost to pay for necessary care. With proper planning, you can minimize that risk.
Wrongful Death Recovery
Our experienced attorneys will protect your rights to receive the maximum wrongful death recovery possible. While no amount of money can ever replace a family member, a wrongful death lawsuit can provide some sense of justice and increased financial security for the surviving spouse, child or parent.