Posts Tagged ‘elder law’
Health Care Decision Making for Incapacitated People Who Have Not Signed a Health Care Proxy
February 5th, 2019 by David Goldfarb
Most People Should Sign A Health Care Proxy Form If you are like most people, it is a better idea to sign a health care proxy form rather than to rely on the laws of the State of New York to determine who would make health care decisions for you if you became mentally incapacitated. […]
New York’s Real Estate Tax Exemptions for Senior Citizens and Veterans
December 29th, 2017 by David Goldfarb
New York property laws allow for many specialized property tax exemptions for certain groups of people, including senior citizens and veterans. These exemptions, however, will not automatically go into effect. Instead, you must not only qualify for them but submit an application to the proper party by a certain deadline to benefit from the exemption […]
Including Digital Assets in Your Power of Attorney and Will
December 15th, 2017 by David Goldfarb
These days, we pay bills, conduct business, and bank online. In many cases, you do not even need to go into a bank to deposit a check anymore. We conduct most of our communications by email, social media, or text message. Each account has usernames, passwords, security questions, and additional information that you choose to […]
Need to Change an Existing Trust? Decanting a Trust Under New York EPTL §10-6.6
December 8th, 2017 by David Goldfarb
Are you unsatisfied with an existing trust? Were there mistakes made in the trust? Have circumstances changed? Under New York law, an authorized trustee with unlimited discretion over principal in any trust or an authorized trustee with the power to invade trust principal but without unlimited discretion may appoint the principal into another trust for […]
Will Contests – The Basics
April 19th, 2015 by David Goldfarb
Will contests typically focus on the following three issues: due execution, testamentary capacity, and undue influence. Due execution. The requirements for due execution in New York are minimal, but important. In New York, with certain exceptions, the testator (the legal term for the person signing his or her will) must sign the will either in […]
“Spousal Impoverishment” Budgeting for Managed Long Term Care
January 5th, 2015 by David Goldfarb
New York will apply Medicaid “spousal impoverishment” budgeting rules for home care under the Managed Long Term Care (MLTC) program. New York’s laws on spousal impoverishment budgeting, New York Social Services Law § 366-c(2)(a), was amended in 2013 to include for the purposes of budgeting under the definition an “institutionalized spouse” a person who is […]
Frequently Asked Questions Concerning Living Wills and Health Care Proxies
October 18th, 2014 by David Goldfarb
What is a Living Will? A Living Will is a written statement that expresses your desires with regard to health care treatment if you become mentally incapable and/or physically incapable of expressing those desires. It can include, but need not be limited to, instructions concerning the termination of life support. What is a Health Care […]
LIVING TRUST – IS IT RIGHT FOR YOU?
May 27th, 2014 by David Goldfarb
What is a “Living Trust”? Living trusts[1] (also known as “revocable trusts” and “revocable living trusts”) are often useful devices that can be used, in tandem with something called a “pourover will” (discussed below) to avoid probate or reduce the probate process’s affect on your loved ones after you die. A living trust acts […]
New York’s Estate Tax Dramatic Changes
April 30th, 2014 by David Goldfarb
April 2, 2014 — New York’s Estate Tax law has just undergone its most dramatic changes since the late 1990s, with long overdue increases in tax exemption that will eventually equal the Federal Estate Tax exemption, but also with a “cliff” that results in the loss of any exemption from New York Estate Taxation altogether […]
New York Elder Law
April 2nd, 2014 by David Goldfarb
For over 20 years the law firm of Goldfarb Abrandt & Salzman LLP has advocated for people with disabilities. Concentrating in elder law, trusts & estates, and the rights of people with disabilities, we have aided countless families, attorneys, social workers and financial planners. Health Care Coverage Estate Planning including Trusts and Wills Special […]
