By Brian L. Miller, Esq., Littman Krooks LLP On January 1, 2020 the Setting Up Every Community for Retirement Enhancement (SECURE) Act went into effect.  The SECURE Act will impact your retirement savings, and may also affect the estate planning that you currently have in place. Below we’ve highlighted seven areas in which the SECURE…

By: Bernard A. Krooks, Certified Elder Law Attorney This is the primary question asked by many of our estate planning clients. So, here are our top 10 reasons to consider a trust (in no particular order). Please keep in mind that there are many different types of trusts and one size does not fit all.…

Childless couples are becoming increasingly common today. These couples have unique considerations to make when planning their estates. If you and your partner count yourselves among them, creating an estate plan can seem complicated but, nevertheless, it is critical in the absence of obvious heirs. Whether assets are left to another family member, a friend,…

While my father was in a nursing home receiving Medicaid, his sister died and left him money in her will, and to his children if he died before she did. I am his only child. My lawyer prepared a renunciation and had my father sign it. The lawyer said this was to facilitate the transfer of funds to me without Medicaid claiming it. My father passed away in 2006. Medicaid states that renunciation is not allowed by Medicaid patients, and they are going to court to claim the funds that are still in my aunt’s estate. After paying the lawyer $3,000, do I have any recourse?

By Marion M. Walsh, Esq., Littman Krooks LLP The transition to college and young adulthood, while exciting, can be difficult for parents. Parents must not overlook obtaining advance consent from their children so they can have access to important health and educational information—or risk begin left out in an emergency. Once a person turns 18,…

The value of a fine art collection is both monetary and sentimental. Unlike other investments like stocks or real estate, art is often a passion and becomes very personal. It can be challenging for collectors to think about how they will incorporate their collection into their estate planning. Careful forethought is essential for the collector…

If someone prevented you from seeing a family member for the holidays, failed to tell you a family member fell sick, or worse, failed to notify you of a loved one’s funeral, what would you do? Catherine Falk, daughter of the late Peter Falk, who portrayed Lieutenant Columbo on the TV series “Columbo,” faced these…

A durable power of attorney and a healthcare proxy, also known as a medical by proxy, are legal tools commonly used when estate planning or in caring for another person. Although similar in that they each are the appointment of an agent to act on behalf of someone else, they have differences that set them…

By Brian Miller, Esq., Littman Krooks LLP Chronic Medicaid vs. Community Medicaid in New York State Seniors who need long-term care should know that these services are not covered by Medicare, so they will need to either purchase long-term care insurance, pay out of pocket, or apply for Medicaid. In New York State, there are…

By Bernard A. Krooks, Esq. Recently, several clients have asked whether they could write their own will.  I am sure that many more have thought about this, but haven’t asked.  I think the better question to ask is:  should you write your own will?  After all, there are several online services available to help and…