Live chat- online now

We are here to assist you. Chat with us now.

Chat Banner

Can We Help You?

Menu
Squarebtn

contact us today

516-561-6645 718-350-2802 631-319-8262

free consultation

Amending Irrevocable Trusts

estate planning attorneysIrrevocable trusts are an invaluable estate planning resource. However, due to tax changes (fiscal cliff) and other issues, irrevocable trusts with an estate plan in mind, need to be changed related to subsequent modifications of estate tax laws. Can irrevocable trusts be amended? The answer to that is yes, in certain circumstances.

New York Estates, Powers and Trusts Law, section 7-1.9, provides a means to modify, change or amend an irrevocable trust. This section of law allows the settlor, the individual who made the trust, upon written consent of all trust beneficiaries, to amend or revoke the trust in whole or in part. In the event that one beneficiary refuses to agree to the modification or is unable to consent to the modification, this section of the estate law cannot be utilized to amend or modify the trust. Examples of situations, where trusts cannot be amended are when one of the beneficiaries is a minor, an incompetent or the settlor has died.

In the event the settlor becomes incapacitated but has previously executed a Power of Attorney, the individual with the Power of Attorney can provide consent on behalf of the settlor to the amendment or modification of the trust.

Decanting A Trust

Section 10-6.6 of the New York Estates, Powers and Trusts Law allows trusts to be decanted. Decanting involves the moving of trust assets from one irrevocable trust to another trust. The new trust can be modified even if a necessary person under EPTL section 7-1.9 was unable to get consent for an amendment under this section.

Conclusion

Should you have an irrevocable trust and wish to make changes, modifications or alterations, New York law allows various routes to accomplish these goals. You should consult with an experienced estate planning attorney if you or other family members face this issue.assistance in planning your estate

Garden of Eden Adult Home in Brooklyn is “A Garden Of Hell”

The Garden of Eden Nursing Home is located in Bensonhurst, Brooklyn, New York. The residents of this adult facility have been forced to live in a poorly maintained residence and under unsanitary living conditions. Multiple lawsuits have been brought related to complaints of mistreatment from the residents.  The State Health Department has sited the facility for numerous violations during the course of 2011.

Pay Your Rent Or We’ll Put You On The Street

Linda Benjamin, age 58, who has been living at the facility for the past nine years, has said “they have black hearts – all of them.”  She claims to have been bullied and threatened by administrators during the entire 9 year period she has been living at the facility.  Benjamin recently asked the administrators of the facility to reduce her rent so she could purchase a new set of dentures.  She was told that if she didn’t pay her rent she would be out on the street.

Residents of the facility claim the administrator Martin Amsel bullied patients into attending optional treatment meetings.  They would be threatened with eviction or unnecessary hospital stays if they didn’t do as requested.

The State Health Department documents indicate that residents complained they were being served stale and moldy food.

Administrators Defense

Jeff Sherrin stated “Garden of Eden and its Administrator were wrongfully accused by the Department of Health inspector of overzealousness in trying to encourage residents to attend programs and take medications that their doctors had order for them”.  He further stated that the facility has one of the best inspection records of any adult facility in the State of New York.

Numerous residents of the facility disagree with Jeff Sherrin’s analysis.  They claim they are bullied, harassed and tormented by the management of the facility

Elder Care Lawyers

The Elder Care Lawyers at the Law Offices of Schlissel DeCorpo have been helping seniors with numerous issues for over two decades.  The law firm had extensive experience with Medicaid, Medicaid planning techniques, drafting special needs trusts for special needs children, representing executors in the probating of wills, contesting wills and drafting wills and trusts.  The firm also prepares guardianship documents for submissions under Article 81 under the New York Mental Hygiene Law.  In addition the firm drafts revocable living trust and irrevocable trusts for their clientsCall us for a free consultation regarding all elder care and wills and trusts issues.

Baby Boomers Need Wills

Death is unpleasant. Why would anyone want to think about such an unpleasant subject. However, as unpleasant as death may be, everything that lives will eventually die. End of life issues are difficult to face. However, the failure to face end of life issues can create untenable, difficult, and painful situations for your loved ones.

Living Will

A Living Will is a document that spells out an individual’s wishes with regards to the type of medical care he or she wants to have. It is only utilized when the individual who drafts the document is no longer capable of communicating with doctors directly. It deals with issues such as life support and medical treatments that do not prolong life but only prolong death and suffering.

Health Care Proxy

A Health Care Proxy is sometimes called a health care power of attorney. This allows an individual to select someone he or she trusts to make decisions about medical care during a period of time when they are in incapacitated or unable to communicate their wishes.

Cathy Brant is the senior vice president in the National Hospice and Palliative Care Organization states that living wills and health care proxies are a good idea for everyone whether they are healthy and young or older and not so healthy. She states further that these two documents can spare families painful fights and ensure patients receive – or don’t receive – the medical treatments they wish should they end up in a situation where they can’t speak for themselves.

Avoiding The Terri Schiavo Situation

Terri Schiavo collapsed in 1990, in her home. She did not have any advance directives regarding end of life care issues. Her heart stopped. She suffered irreversible brain injuries. She was left in a vegetative state. Her husband, who loved her very much, stated she had told him she would not want to live in a vegetative state. He parents vehemently disagreed with Terri’s husband. They wanted her kept alive without regard to the quality of her life. Her husband and parents litigated for years concerning the issue of turning off her life support system. The case eventually went to the Supreme Court. Hundreds of thousands of dollars in legal fees were expended concerning this issue. In 2005, the court ordered her feeding tubes removed and she died two weeks later.

There are many issues individuals face as they grow older. Drafting health care proxies, will and living wills are issues that Americans should face up to.

Elder Care Lawyers

The Law Offices of Schlissel DeCorpo has more than thirty years of experience in handling all types of Estate related matters. We probate Wills. We litigate Will contests. We draft Wills and Trusts. We create guardianships for clients. We have developed expertise concerning Estate Tax issues, Revocable Living Trusts, Irrevocable Trusts, Elder Care issues, nursing home abuse matters, Medicaid, Medicare planning techniques, Special Needs Trusts and Supplement Needs Trusts for our clients. Call us for a free consultation. Our phones are monitored 24/7. We can be reached at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Retirement Planning for Single Americans

Who prepares better for retirement, married couples or single individuals? The answer is married couples. More than 85% of married couples have saving plans related to their retirement. This compares with only 67% of single individuals who have established retirement savings programs.

Retirement Planning

Americans who have worked during the course of their lives are entitled to receive Social Security benefits. Social Security is an entitlement program. Another entitlement program working Americans have the benefit of is medicare. Medicare is a program that pays for a variety of medical treatments for senior citizens. It pays for hospital stays, doctors visits and prescription drugs. Medicare is not designed to pay for nursing home care. If a senior is placed in a nursing home for rehabilitation purposes, Medicare will cover up to 100 days of the expenses of the nursing home facility. However, if a senior needs to go into a nursing home because he or she just can’t take care themselves, Medicare is not designed to pay this expense. Seniors can buy catastrophic health care insurance to cover this type of expense.

Retirement Savings Plan

There are various types of retirement savings programs. Some employers have pension plans for their employees. Another type of savings program through employment is called a 401K plan. This allows the wage earner to save without paying current income taxes for a portion of his or her income. Individual retirement accounts are yet another type of retirement savings program that provides tax benefits.

How Much Is Necessary To Save For Retirement

The amount of money an individual or family needs to put aside for retirement varies with the lifestyle and cost of living of the people involved. Most financial planners suggest that retired Americans will require between 75% and 80% of the income they had during their working lives for their retirement. This is a figure that is hard for most Americans to meet. Most families and singles reduce their expenditures and live simpler lives in retirement, thereby preserving their limited assets.

Elder Care Lawyer

The Law Offices of Schlissel DeCorpo provides elder care legal services to our clients. We draft wills and trusts. We probate wills. We deal with Medicaid planning issues. We assist our clients with nursing home issues. We provide all types of elder care legal representation. We also draft special needs trusts and supplemental needs trusts for our clients. Should you need a will, trust or an elder care attorney, call us at 1-800-344-6431, 516-561-6645 or 718-350-2802.

The United Kingdom’s Discriminatory Royal Laws

The British government has recently accepted the fact that the laws in the United Kingdom concerning succession to the throne are discriminatory against women. Current rules for succession in Great Britain state that daughters are over looked in favor of later born sons. Prince William’s marriage to Kate Middleton has brought this issue before the public.

If Kate and William have a daughter and thereafter Kate gives birth to a son, the son would be the next in line for the English throne after William. The 701 Act of Settlements in Great Britain deals with succession laws. This law was fine for the men and women of the 18 century. The writer wonders whether it really is acceptable in the 21 century!

A statement by the British government recently was “the government accepts there are provisions which could be discriminatory” in referring the succession laws.

Succession Laws Bar Catholics

The anti Catholic succession laws are a throw back to the 1600’s. Catholic King James II was perceived as favoring Catholics and allowing them to come into positions of power. The Act of Settlement Law specifically states only Protestants are eligible to succeed, but it also specifically prevents Catholics from becoming King. This means you forfeit your right to the throne if you are in the line of succession and you marry a Catholic.

Keith Vaz, a British member of Parliament, recently stated “I think they’re all sitting down praying that Prince William and Kate Middleton have a son first, because if they do there is no need to consider this for some time to come” referring to the succession laws. Vaz also stated he found the 310 year old succession laws offensive. He has submitted a bill to Parliament to eliminate the discriminatory portion of these succession laws. A spokesperson from Buckingham Palace stated issues of succession are a matter for the government.

New York Will Contest Lawyers

Succession issues are similar to issues involving who will inherit your assets when you die.  A large majority of us don’t have to worry about whether our children will become princes and princesses, but we do have to take into consideration what happens to our assets, homes, cars and loved ones after we die. The best way to deal with these issues is to draft a will. Family members who are unhappy with wills, can contest the will. After someone dies a will is probated. This is the process where a court determines whether the will is valid.

The Law Offices of Schlissel DeCorpo have been dealing with wills, trusts and estate issues for more than 30 years. In addition to wills and estate related issues, we handle various elder care matters, including but not limited to nursing home abuse, medicaid planning techniques, medicaid issues, special needs trust for special needs children and all other elder care and estate planning issues. Call us for a free consultation.

Retirement: What if You Haven’t Saved any Money?

retire-150x1503Retirement is supposed to be a time of relaxation and enjoyment for Americans. The current economic situation in the United States may require a re-thinking of retirement issues. A recent study has shown that one in four individuals approaching retirement have saved nothing for their retirement years! The Employee Benefit Research Institute recently revealed that nearly 50% of all individuals who are close to retirement, age 56 through 62, will run out of money if they are retired for twenty years or more.

Planning for Retirement

Planning for retirement is a complicated process. You never know how long you’re going to live! It is difficult to anticipate future medical expenses.

Retirement Facts

In the year 2011, the average individual receiving social security benefits will take in about $1,200 a month. Studies show you’ll need approximately eighty-percent of your pre- retirement income to maintain the same level of life style you maintained in your pre- retirement days. If you are nearing retirement, it is strongly suggested that you obtain literature and/or professional advice concerning retirement. Some retirement organizations offer community seminars. The American Association of Retired Persons (AARP) has an enormous amount of information concerning what you can expect your expenses to be during the course of your retirement.

Are You In Debt

One of the first things that is recommended to individuals approaching retirement is to eliminate debt. The best way to do that is to review your expenses and take affirmative action to reduce these expenses. Examples of reducing expenses would be eating out in restaurants less often. You may have to change your life style and live a simpler, less expensive life.

Can You Downsize Your Home Expenses?

You may be able to sell your home and move into a smaller home. In some situations, you may be forced to sell your home and live in an apartment.

Don’t Retire!

Who says sixty-five years of age is the magic number to retire! People are living much longer today. Working into your early seventies may be the solution to your retirement issues. Another alternative is to simply not retire. I’m sixty-one years of age and I have no intentions of retiring anytime in the near future. I simply wouldn’t know what to do with myself if I retired. I anticipate I would be bored to tears!

Estate Planning Attorneys

Our law office has been handling estate planning matters for our clients for more than thirty years. We draft wills and trusts for our clients. We assist our clients in estate administration and probating wills. We deal with elder care matters involving nursing homes, nursing home abuse, medicaid, medicaid planning and medicaid planning techniques. We also assist our clients in developing special needs trusts for special needs children. Call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

Abuse of the Elderly for Financial Gain

elder-150x150In the year 2000, Howard Thomas suffered severe dementia. He also had terminal cancer. In early 2001, his daughter, who was his primary caretaker, took a short vacation. He was left in the care of a Nidia Thomas. While Mr. Thomas’s daughter was away, Nidia arranged for a $150,000 bank account in Mr. Thomas’s name to be retitled from his name to a joint account with her. She had herself named as sole beneficiary on his pension and she married him. He died several months thereafter.

Howard’s Children Challenge Nidia’s Inheritance

Howard’s three children brought a lawsuit in the Supreme Court in the State of New York to declare the marriage between their father and Nidia null and void. They also proceeded in the Probate Court against her. Ms. Thomas filed a Notice of Election under the estates, powers and trust law, section 5-1.1-A. She asserted her right as a surviving spouse to receive a portion of her deceased husband’s estate. In the Supreme Court proceeding, the court eventually issued a decision stating that Nidia “shall have no legal rights and claim no legal interest as a spouse of Mr. Thomas.” She filed an appeal claiming that, even if the marriage was annulled or voided post death, she is still entitled to receive her share of his estate as a spouse. In this case, an appellate court held that, because Mr. Thomas was incapable of consenting to the marriage due to lack of mental capacity, his spouse could be denied a right of election based on the equitable principal that a court will not permit a party to profit from his or her own wrongdoing. Nidia lost. She received no money from Mr. Thomas’s estate. It all went to his children.

Wills and Trusts Lawyer

Our law office probates wills. We represent individuals on contested wills and estate proceedings. We also draft wills. We provide estate administration services when

loved ones or friends die. We deal with estate tax issues, estate planning issues, and all types of elder care and nursing home issues. We prepare medicaid applications and we assist our clients in medicaid planning techniques. We draft revocable living trusts, irrevocable trusts and special needs trusts on behalf of our clients. Call us should you have an issue concerning a will, a trust or an estate matter.

Hearing Loss may be Related to Dementia

Dementia is a disease that effects senior citizens. It is a terrible disease that literally fries the human brain. Recent studies have shown that a gradual hearing loss is one of the early symptoms of alzheimer’s disease, as well as other types of dementia.

Hearing impairments prevent seniors from following conversations. The loss of hearing also leads to seniors becoming confused. Some researchers believe that the loss of hearing and mental facilities are both factors in the development of dementia. Although brain abnormalities are a contributing factor to dementia, recent studies indicate that the hearing can be a cause of dementia. One of the theories is that the hearing loss interferes with the brains division of labor.

elder-150x1501

Hearing Loss and the Brain

Frank R. Lynn, M.D., an ear surgeon at Johns Hopkins Hospital, located in Baltimore, Maryland, recently stated “the brain might have to reallocate resources to help with hearing at the expense of cognition.” George Gates, M.D., a hearing loss specialist affiliated with the University of Washington, stated that hearing loss is a “harborer of impending dementia.” Studies conducted by Dr. Gates have proved the link between hearing loss and early stages of dementia and alzheimer’s disease. Dr. Gates stated that we listen with our ears but hear with our brains. It is simply not possible to separate hearing loss and cognition.

Individuals with hearing problems have difficulty communicating. When there is background noise, such as in public places, the hearing loss contributes to confusion and isolation of seniors. Hearing loss has a significant impact on senior citizens. It places a barrier between seniors and their loved ones. Dr. Lynn stated that ” because it is such a slow and insidious process, it is often ignored and untreated.” It is currently unclear as to whether hearing aides utilized at the early signs of hearing loss will reduce the development of dementia in aging Americans.

Dementia Is Incurable

Dementia is a horrible incurable disease. Modern medicine does not know how to prevent it. When diagnosed, all that can be done is to slow the progress of the dementia. Even the restoration of hearing loss issues may not slow the progress. Hearing loss should be taken seriously. It destroys an individual’s quality of life!!

Elder Law Attorneys

Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. His law office assists clients in Medicaid planning. They draft wills and trusts for their clients. They assist executors of estates in probating wills. Should issues occur among beneficiaries, they represent clients in will contests in the Surrogate Court. They can advise their clients regarding estate planning and issues involving estate taxes under the current legislation for the years 2011 and 2012.

They draft both revocable and irrevocable living trusts. The offices’ elder care legal practice deals with issues concerning nursing home abuse. They assist clients with issues involving special children and they assist families with long-term planning for special children. They also draft special needs trusts. Call for a free consultation at 1-800-344-6431, 516-561-6645 and 718-350-2802.

The New Health Care Law – Affordable Care Act

healthThe Republicans in Congress are challenging the health care law passed in 2010 by President Obama and the Democratic controlled Congress. Question: How does the health care law affect you?

Americans between the ages of fifty and sixty-four will be significantly affected by the Affordable Care Act (ACA). Unfortunately, due to the economic slowdown in the United States, more and more Americans between the ages of 50 and 64 have not been able to afford health insurance.

One Million Americans Lose Health Insurance

It is estimated that more than one million Americans between the ages of fifty and sixty-four lost their health insurance during the 2009 calendar year. Altogether, approximately ten million Americans between the ages of fifty and sixty-four no longer have health insurance. As long as unemployment remains high, the number of Americans in this age group without health insurance will continue to rise. Americans between the ages of fifty and sixty-four often have health problems that cannot be addressed without health insurance. Recent bankruptcy filings indicate that more and more Americans are being forced into bankruptcy because of spiraling health care bills that they cannot afford to pay.

More Americans Given Healthcare Coverage

When the Affordable Care Act comes into effect in the year 2014, approximately seven million Americans who currently don’t have health insurance will obtain subsidized health insurance. Starting in the year of 2014, the Affordable Care Act will expand eligibility requirements under Medicaid to cover adults who have incomes below 133% of the Federal poverty level. The Federal Government will have to provide significant cash payments to the states to meet demands for this increased medical insurance.

Starting in the year 2014, insurance companies will no longer have the ability to reject individuals with preexisting medical conditions or to charge individuals who currently are suffering from illnesses higher premiums for medical insurance.

There are a number of court challenges to the Affordable Health Care Law. Several Federal Judges have set aside the law for various reasons. It will be interesting to see how the Appellate Federal Courts deal with this issue.

New York Wills Lawyers

At the Law Offices of Schlissel DeCorpo, we have five attorneys who assist our clients in Wills, Trusts and Estate matters. Our office has been providing our clients with valuable assistance regarding issues concerning probating of Wills, drafting of Wills, Estate Taxes, Estate Planning, Will Contests and Revocable and Irrevocable Trusts for more than three decades.

Elliot S. Schlissel, Esq. is a member of the National Academy of Elder Law Attorneys. He provides his clients with detailed Elder Care legal services involving Medicaid planning, nursing home issues, special needs trusts and issues involving special children. If you have a probate, Wills, Trusts and Estates or Elder Care matter, we are the law firm that can help you. Call us at 1-800-344-6431; 516-561-6645 and 718-350-2802.

Caring for Senior Citizens From Long Distance

elder12-150x150When we were born, our parents cared for us. Are we up to the task of taking care of our parents when they grow old? This is especially difficult when you don’t live near your parents.

Siblings Nearby

Some people are lucky, in that a brother or sister lives near their parents. While the sibling becomes the primary caretaker, it is still important that you contribute to the taking care of elderly parents. You should contact the sibling that lives nearby and find out what you can do to help him or her. You may be able to deal with medical issues involving your parents’ principal medical providers. You also may be able to visit periodically and relieve your siblings.

Making Your Parents’ Home Safe

When you visit your parents, you should take a good look at their home. If your parents are unsteady on their feet or use a walker, you may want to go room by room and see what modifications to your parents’ home are necessary. For example, do the bathrooms have safety bars? Are there places in your parents’ home where they may slip and fall?

You should also look into the accessibility of various parts of your parents’ home. Are there problems with doors, cabinets or wall switches?

Are arrangements for Your Parents Acceptable?

Can your parents take care of themselves? Do they need help during the day? Do they need help with their bathroom and toilet needs? Do your parents need help going to the doctorelder-150x1503‘s office? Think about these issues and if your parents need help. Devise a plan to deal with each of these problems.

Can Your Parents Take Care of Themselves?

Can your parents deal with their own medical needs? Are they taking the right medications? Do they need help filling their medication prescriptions? Can they read the right dosage necessary on their prescriptions? Is their home clean? Do they need cleaning help or a health care aid?

Are they paying their bills? You should check to see that their credit card, electric, oil, mortgage or other bills are paid. You don’t want to end up having your parents in a situation where they are sitting in the dark because they forgot to pay their electric bill.

Can your parents deal with their food needs? Can they go to the grocery store and shop for themselves? Can they still cook? If they cannot meet these needs, you should look into hiring someone to assist them with the purchase of groceries and the preparation of meals.

At what point and time should your parents stop driving? Is their eyesight adequate to see what’s happening on the road? Are their hands shaking to the point that they can’t handle the steering wheel? Are they a menace to themselves and other drivers on the road?

Your parents’ mental state is also important. Do they have friends? Do they have social interaction with their peers? Is there a support system where your parents live? Growing old in America is difficult. It is your duty as a child, niece, nephew or friend of a loved one to help them.

Elder Law Attorneys

The Law Offices of Schlissel DeCorpo have been handling Elder Law matters for their clients for more than thirty-three years. The firm represents its clients with regard to issues involving nursing homes. We help clients do estate planning and Medicaid planning, so in the event they need to go into a nursing home, their home won’t be taken to pay the nursing home bill. We prepare special needs trusts for children and irrevocable trusts to protect homes. We draft wills and trusts for clients. In the event clients die, we help probate the wills and trusts. Feel free to call the Elder Care Attorneys at The Law Offices of Schlissel DeCorpo for a consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

  • banner-changes
  • image5
  • image6
  • image7