The individual named as the executor in a Will is entrusted with the assets of the individual who drafted the Will after the individual dies. The executor has responsibilities with regard to administrating the estate, accounting for its assets, paying taxes, distributing the assets of the estate, and dealing with a variety of other issues. … [Read more...]
Medicaid in New York – Part II
Look Back Period for Institutionalized Medicaid There is a currently a 60 month (5 year) look back period for obtaining institutional Medicaid benefits. This means that the Medicaid recipient has a five year look back period where he or she may be subject to being a self-payer. Spousal Refusal If the community spouse has assets greater than … [Read more...]
Is There a Right to Die?
Five states in the United States recognize the right to die. In those five states, terminally ill patients can be helped to end their lives. The right to die has been referred to by the negative term “assisted suicide.” However, the new movement to help sick, frail, suffering parents end their lives is referred to as “aid in dying.” The aid in … [Read more...]
Mickey Rooney’s Will Contest
Mickey Rooney recently died at age 93. He had been performing for almost eighty years. Mickey’s Last Will and Testament left his entire estate to his stepson. His wife, Janice, and all of his other children were disinherited. They are now challenging Mickey’s last will. Eugene Belous, the attorney for Mickey’s wife, claims the will contains a … [Read more...]
Misconceptions Regarding Wills
To watch today's video blog, please click on the link below: https://youtu.be/XRVj__nSeAY Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. Elliot and his attorneys have more than 100 years of combined legal experience handling all aspects of estate planning and estate litigation. Please call to schedule a … [Read more...]
Money From Estates Of Murdered Children To Go To Their Father
Leatrice Brewer drowned her three children, Jewell Ward, Michael Demesyeux, and Innocent Demesyeux, Jr. In 2009, Ms. Brewer plead not guilty by reason by mental illness for the murdering of these three children. There had been an investigation by Child Protective Services regarding Ms. Brewer however, the investigation was incomplete and did not … [Read more...]
Handwritten Wills
To watch today's video blog, please click on link below: https://youtu.be/WYaYj8FP0fQ Elliot S. Schlissel drafts wills and trusts and aids his clients in all aspects of estate planning. Elliot handles estate litigation, including issues where a person has died without a will or with an improper will. He and his associates have been handling … [Read more...]
Handling An Estate in a Nutshell
All human beings that live will eventually die. When a loved one passes, dealing with his or her estate is not a task most people look forward to. However, most people will, during the course of their lifetime, be involved with estate issues concerning a loved one. When the grief passes, the issues involved are who are the heirs of the estate, … [Read more...]
Mother Can’t Receive Inheritance From The Estates of Her Three Children Whom She Killed!
Judge McCarty sitting in the Surrogate’s Court in Nassau County recently had a unique case before him. A mother had drowned her three children. However, she was found not guilty due to mental illness. Judge McCarty ruled even though the mother was mentally ill and she did not know that her conduct was immoral and wrong, she could still not … [Read more...]
Naming An Executor In Your Will – Part II
There are a number of duties and responsibilities an executor has. Here is a list of some of these duties: resolve disputes among family members; handle funeral arrangements for the deceased; hire the attorney for the estate; preserve, collect and value the estate’s assets; cooperate with the attorney for the estate in … [Read more...]