Issue: 2024 Vol. 34 No. 2

Summer Meeting Recap

The Elder Law and Special Needs Section Summer Meeting took place on July 11 through July 13, 2024. Our section had a very successful summer meeting at the Hotel Chateau Champlain in Montreal, Canada. The meeting was co-chaired by Deborah Ball and Sara Meyers. The program offered practical guidance in topics ranging from “soup to … Continued

Newly Updated Tool To Address Elder Abuse in Guardianship Cases

Article 81 guardianship proceedings are often initiated due to suspected elder abuse or abuse may be uncovered through the course of the proceedings. Recognizing this ever present issue, the Weinberg Center for Elder Justice, in partnership with Project Guardianship, recently released the third edition of Elder Abuse in Guardianship Cases: A Legal Resource Guide.1 Available on the … Continued

Message From the Co-Editors

We hope everyone is having an enjoyable fall leading up to the holiday season! Katy and I cannot believe that we are wrapping up another year as co-editors of our journal; 2024 certainly flew by! We wish to take a moment to thank our readers and those who submit fantastic articles to us for your … Continued

Member Spotlight: Robin Goeman

Q: Where are you from? A: I was born in Holland, Michigan. I went to college at the University of Michigan in Ann Arbor, then moved to New York City for Cardozo Law School. Q: Where is your favorite place you have traveled to? A: Morocco. I loved the varied terrains and the beautiful textiles. Q: What … Continued

Member Spotlight: Deborah Ball

Q: Where are you from? A: New York City. Q: Where is your favorite place you have traveled to? A: Sedona – Antelope Canyon! Q: What led you to work in the field of elder law and special needs planning? A: That’s an easy question. I started my career as a prosecutor in the Brooklyn DA’s office. I … Continued

When Medicaid Planning Turns Into Estate Litigation

As we all know, Medicaid planning is often a crucial strategy for many individuals seeking to protect their assets while qualifying for Medicaid benefits. One common tool used in this planning is the Medicaid Asset Protection Trust. While this type of trust can be highly effective, it sometimes leads to unforeseen complications, which turn into … Continued

Understanding New York’s Transfer on Death Deeds: A Guide for Lawyers To Understand the Medicaid Implications

Effective July 2024, New York State implemented a significant legal instrument known as the Transfer on Death (TOD) deed, marking a transformative shift in commercial and residential real property transfer mechanisms and estate planning within the state. Section 424 of New York’s Real Property Law, enacted as part of the New York State Budget Bill … Continued

Corporate Transparency Is Here: The Effects on Elder Law Practice

What Is the Corporate Transparency Act? The Corporate Transparency Act (CTA) was enacted as part of the Anti-Money Laundering Act of 2020, for the purpose of curbing illicit activities such as money laundering, tax fraud, human and drug trafficking, and terrorist organization financing.1 To combat these issues, the CTA now mandates that companies conducting business … Continued

Message From the Section Chair

Dear Members of the Elder Law and Special Needs Section, It is truly an honor to serve as chair of this section. Our bylaws list the purpose of the section as being threefold: 1) to bring together members of NYSBA that are “interested in the legal issues relating to the elderly and the special needs … Continued