A Trust Most elder law estate plans are composed of either an Irrevocable Medicaid Asset Protection Trust (MAPT) or a Revocable Living Trust (RLT). The MAPT is utilized where protection of assets is required because the senior does not have long term care insurance. Assets need to be protected in the event the senior needs to go into a nursing … [Read more...]
Elder Care Planning: Care giver Agreements And Medicaid Eligibility
When elderly family members are taken care of by other members of their family the caregiver usually does not expect to be paid. However, entering into a caregiver agreement laying out the terms of payment to the caregiver can be an excellent way of protecting assets should the senior need to go into a nursing home and/or apply for Medicaid … [Read more...]
Elder Abuse
Elder abuse can be defined as actions occurring within a relationship of trust which harms or injures a senior. The abuse can be of a physical nature. It could also be sexual, emotional or financial. Simply abandoning a senior in a time of his or her needs can be also considered elder abuse. THE ELDER ABUSERS There are numerous persons who … [Read more...]
Economic Challenges in Reitrement
Please click on the link below to watch today's video blog: https://youtu.be/RXXTv72XRMc Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. He can be reached at 516-561-6645, 718-350-2802 or by email to schlissel.law@att.net. … [Read more...]
Guardian Appointed For Alleged Incapacitated Person’s Financial Exploitation of a 94 Year Old Woman
A guardianship proceeding was brought before Justice Alexander Hunter Jr., who sits in the Supreme Court of Bronx County. After a hearing, a guardian was appointed for a 94 year old woman, FG. FG had lived in the Hebrew Home for the Aged. A social worker testified at the time of the hearing FG had undergone a variety of tests and evaluations by a … [Read more...]
Dying Without a Will – Who Inherits?
When an individual who has not written a will dies, it is said he or she died intestate. Intestate succession in New York State deals with the distribution of assets as follows: If the individual who dies did not have a spouse at the time of his or her death, and he or she had children, the children would inherit all of the … [Read more...]
Guardian Allowed to Transfer New York Guardianship to Florida
Surrogate Edward McCarty, III, sitting in Nassau County Surrogate’s Court, was recently presented with a case where a guardian sought to transfer a guardianship from New York to Florida. Francis P. was the guardian of both the person and property of his sister Louise D. In addition, he was the trustee under a supplemental needs trust for his … [Read more...]
Godmother Appointed Guardian of 40 Year Old With Down’s Syndrome
A guardianship action was brought before Surrogate Rita Melia in the Surrogate’s Court of New York County. This guardianship was brought pursuant to Surrogate’s Court Procedure Act Article 17(a). The purpose of the proceeding was to determine who should be appointed the guardian of R.H., a 40 year old who suffered from Down’s Syndrome. Both of … [Read more...]
Dying Without A Will
When an individual dies who has no will, the distribution of his or her estate is determined by the Intestacy Law of the state in which the person died in. In the State of New York, individual’s estates who die without a will are distributed as follows: 1. The first $50,000 goes to the spouse, if there is a spouse. The balance of the estate is … [Read more...]
Donative Intent Established Pursuant to Transfer Documents and Deed
In a case before Surrogate Peter Kelly, sitting in Queens County, a son named Charles was appointed a limited administrator. He was authorized to bring an inquiry regarding his brother John's actions and the return to the estate of real estate titled in John's name. The decedent died in 2018 leaving 5 children. John took action to have his brother … [Read more...]
