You have been named as executor of the estate of your dear friend. With the assistance of your counsel, you have marshalled the decedent’s assets, filed the estate tax returns, survived an estate tax audit, paid the estate taxes, paid the decedent’s debts and claims, and made partial distributions. You now see an end in … Continued

Contested Article 81 Guardianship cases are becoming both more frequent and more litigious, straining the resources of the court system, petitioners, and the Alleged Incapacitated Person (AIP)/Incapacitated Person (IP)’s estate. There is no other type of litigation where a person, who has done nothing that creates any legal liability, can be brought to court against … Continued

A popular Medicaid planning strategy in the past has been transferring a home to children, while reserving a “life estate” interest on the deed. The grantor-owner would be the “life estate holder” and the children would be the “remaindermen,” becoming the outright owners upon the death of the grantor. The value of the retained life … Continued

Over the past few years, courts have considered various issues involving elderly individuals and those with special needs. These issues included, among others, special needs trust (SNT) distributions, housing for the mentally ill and third-party liability for nursing home payments. Here’s a rundown of some of those recent court decisions. Special Education Advocacy Can a … Continued

With the 2023-2024 NYSBA Elder and Special Needs Law term well underway, I want to thank each of the members of this wonderful section for your participation and energy. It is a privilege to serve as your chair. Our fall meeting, held Oct. 19-20 during the beautiful peak fall foliage season at the Gideon Putnam … Continued

We hope everyone had an enjoyable holiday season and we wish you a happy and healthy New Year. Katy and I are excited for 2024 and are looking forward to continuing to receive robust and interesting articles from you. Our next edition will be published in spring of 2024. Submissions will be due by March … Continued

Q: Where are you from? A: I grew up in Baldwin in Nassau County, New York and currently live in Tuckahoe in Westchester, New York. Q: Where is your favorite place you’ve traveled to? A: Greek Islands. The food was incredible and the views were stunning. Q: What led you to work in Elder Law? A: I always … Continued