Archives: Articles

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

Trailblazer Judge Rosalyn Richter Honored in New York

On Monday, June 17, 2024, the Richard C. Failla LGBTQ Commission of the New York Courts hosted an amazing event to recognize former Associate Justice Rosalyn H. Richter for her work in strengthening diversity and inclusion at its Third Annual Judge Paul G. Feinman Award Ceremony. The ceremony took place at the ornate courthouse of … Continued

PRESIDING MEMBER’S MESSAGE

Dear Judicial Section Members, I salute my friend and colleague, Past Presiding Member, Hon. Gregory R. Gilbert, on a successful term. I am grateful for his support and words of encouragement as he passes the leadership baton to me. I am honored to serve as your Presiding Member. As Judicial Section Members, each of you … Continued

New York’s Judicial Adjuncts: The Hear and Report and the Hear and Determine

Justice Lebovits is an acting Supreme Court justice in New York County. Rachel E. Miller is Justice Lebovits’s assistant court attorney. Mark H. Shawhan is Justice Lebovits’s principal court attorney. The New York courts’ experienced and highly qualified judicial adjuncts—court–attorney referees, special referees, support magistrates, judicial hearing officers, and private/special masters—serve an essential function in … Continued

Greetings from NYSBA President – Domenick Napoletano

Judges have a difficult and underappreciated job. They do their best to apply the law in some tough circumstances. The just decision isn’t always obvious, and the stakes are high. Certainly, that’s true for the litigants and in many cases, the impact of a judicial decision has a ripple effect on the neighborhood, the state … Continued