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Frequently Asked Probate Questions

Mar 10, 2015
As a probate lawyer, I am often asked many important questions about the probate process. I have decided to make a list of some of the most frequent questions in an effort to help people understand th ...
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Spending Down Assets to Qualify for Medicaid...

Jan 27, 2015
Medicaid nursing home care is a means-based program, which means that the government looks at your income and assets to determine eligibility. Since you can’t gift away your assets and qualify for nur ...
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Effects of a Divorce on Estate Planning

Jan 01, 2015
In addition to the emotional and financial ramifications of a divorce, there are important estate planning implications for clients contemplating divorce or separation. Along with selling, dividing, a ...
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Consenting to the Probate of a Will

Nov 09, 2014
Have you lost a family member and received a document called a “Waiver of Process; Consent to Probate”? If you are like most people, you may be confused about what this means, and more importantly, if ...
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How To Avoid Probate

Oct 19, 2014
There is hardly a week that goes by that I don’t receive a call from a potential client asking me to help them “avoid probate”. Unfortunately, most of the time, the client only has a vague understandi ...
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Joint Ownership of Assets

Sep 02, 2014
A significant portion of the assets we own are held jointly with another person. Almost anything, including real property, bank accounts, and investment accounts, can be, and often is, owned jointly. ...
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What’s So Bad About Writing Your Own Will?

Jul 08, 2014
Almost everyone can draft their own will – just like most people can give themselves a haircut – but the question is should they. There are many websites and form books offering a do-it-yourself servi ...
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New York Small Estates and Voluntary Adminis...

May 08, 2014
When a person passes away leaving assets in their own name, their heirs generally have to go through probate or an administration proceeding to transfer those assets. Sometimes, however, the value of ...
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Intestacy Laws: Dying Without a Will in NY

Apr 10, 2014
A person who dies without a will in New York is said to have died intestate. If a person owned assets, they either pass automatically, such a joint accounts and accounts with beneficiary designations, ...
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Medicaid Planning with a Life Estate Deed

Mar 13, 2014
As we discussed in the previous article, in order to avoid Medicaid liens and estate recovery, elder law clients would be well advised to learn about their rights to protect their homes. This is true ...
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Medicaid Planning for the Home: Irrevocable ...

Feb 06, 2014
When it comes to long term care for seniors, our office recommends long term care insurance as the first choice. If that is not an option, planning for Medicaid becomes an important component of many ...
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Disinheriting a Spouse and the NY Spousal Ri...

Dec 31, 2013
What would you do if you found out that your spouse completely disinherited you? Perhaps you are thinking about disinheriting your spouse in your estate plan. Is your spouse entitled to a portion of y ...
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