Held Captive in a Pandemic

By Anthony Khatchoui, Esq.

Take yourself back to December 31, 2019, there is excitement and hope throughout the world for the upcoming year. The possibilities seem endless. There are investments to make, businesses to expand and goals to conquer. Nothing can stop your pursuit of achievement…

Well, almost nothing. Suddenly, in the early months of 2020, we are faced with the challenges of COVID-19 and the world is forever changed. Governors across the country issued executive orders mandating all nonessential businesses to close in-office personnel functions and banning all nonessential gatherings of individuals.

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Estate Planning When You Live in Two States

Hand luggage at the airport in front of an airplane

Many people have homes in two states. Legally, you do not need separate estate planning documents for each state, but it may make sense from a practical perspective.

The Constitution of the United States requires that states give “full faith and credit” to the laws of other states. This means that your will, trust, durable power of attorney, and health care proxy executed in New York (Just to pick one state) should be honored in the state where you have a second home. That’s the law.

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States May Not Terminate Medicaid Benefits During the Coronavirus Pandemic

By Lorese Phillips, Esq.

Access to affordable medical care is especially important during a global health crisis.  You should be aware that federal law prevents states that have accepted increased Medicaid funding from terminating Medicaid benefits while the coronavirus health emergency continues. New York is among those states, by accepting $323 million in enhanced Medicaid matching funds provided in the Families First Coronavirus Response Act.

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Elder Law Q & A: Naming Beneficiaries in a Will

By Peter J. Strauss, Esq.

My mother named her financial adviser and his children as beneficiaries in her will. Is it legal for her attorney to allow this?

ANSWER: 

I have seen many cases where a client wants to leave money to a professional adviser –  lawyer, accountant, financial adviser, physician – and in many cases there may have been overreaching, or perhaps more.   

A person can leave her or his property to anyone under the terms of a will, trust or “beneficiary designation.” You can do whatever you want with your money: give it to a family member, a neighbor, friend, lover, your church, your lawyer, accountant or financial adviser, or the society for the protection of beetles. You can do this during your lifetime or have it take effect after your death. 

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Drastic Changes to New York Medicaid Home Care to Start October 1

by Frank E. Hemming III, Esq., Senior Associate Attorney

We are sharing an important advisory about the future of New York State’s Medicaid program. Following the passage of the 2020-2021 State Budget, we now know there will be significant changes to how seniors and disabled individuals will become eligible for and receive Medicaid benefits in their homes.

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What to Do and Not Do with Your Estate Planning Documents

document filing

Creating and executing an estate plan is a process that requires thought and consideration. You must identify the beneficiaries who are going to inherit the assets that you worked a lifetime to acquire, how your beneficiaries are going to receive those assets, and whom to entrust to make decisions on your behalf in the event of incapacity. Once your estate planning documents are created and executed, many clients believe the estate planning process is completed. But, what is often overlooked is where your estate planning documents should be stored.

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Creative Strategies to Help Clients Safely Execute Documents During the Pandemic

by Pierro, Connor, & Strauss, LLC.

As the COVID-19 pandemic continues to spread through the country, more people are realizing the importance of getting their estate planning documents in order. Those over the age of 60 are particularly at risk for developing complications from the novel coronavirus infection. Having in place documents — including a durable power of attorney, a health care proxy, a medical directive, a HIPAA release and a will — is essential in the event that illness strikes.

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What Can You Do to Protect Your Loved One in a Nursing Home During the Pandemic?

by Louis W. Pierro, Esq.

As the coronavirus spreads across the United States, nursing home residents are among the most vulnerable to the disease. How do you try to ensure that your loved one stays healthy? 

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The Coronavirus Pandemic Presents Ample Reasons to Reevaluate Your Estate Plan

The Coronavirus health emergency is a reminder that life is unpredictable, and it makes sense to be prepared. Threats to life and finances posed by the pandemic offer ample reason to reevaluate your estate plan — or create one if you haven’t already.

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Medicare and Medicaid Will Cover Coronavirus Testing

With Coronavirus dominating news coverage and creating alarm, it is important to know that Medicare and Medicaid will cover tests for the virus. 

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