Americans are living longer.  The 2020 US Census demonstrates that the average life expectancy for males was 74.5 years and 80.2 years for females compared with an average 71.9 years fifty years ago. We have come out of the Covid-19 pandemic – albeit with terrible loss of life – but with a better understanding of communicable disease and the likelihood of even greater longevity. That’s the good news. But the bad news is that the demographics also show that half of all persons who attain 85 years of age will be unable to perform the basic activities of daily living because of physical or cognitive illness. The large majority of those incapacitated persons who cannot perform personal and financial tasks for themselves have not signed legal documents designating others to act for them. A guardianship proceeding may be then be the best course of action.

2022 was a tumultuous year. Amid a continuing pandemic, tense midterm elections, and a war in Ukraine, we have grappled with more than our fair share of grim news. However, with 2023 in motion, there are some silver linings — in particular for seniors.

Pierro, Connor & Strauss, LLC is proud to announce that three of its partners will be recognized in the 2023 edition of The Best Lawyers in America® and one attorney listed as Best Lawyers: Ones to Watch in America.™

By: Pierro, Connor & Strauss Attorneys

Summary: Congratulations to our Founding Partner, Louis W. Pierro, for being named 2022 Lawyer of the Year for Elder Law in Albany, NY.

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By: Pierro, Connor & Strauss Attorneys

Summary: Congratulations to our Founding Partner, Louis W. Pierro, for being named a New York Super Lawyer for Elder Law and to Senior Associate Attorney, Frank Hemming III, for being selected as a New York Rising Star for Elder Law in the 2021 Edition of Super Lawyers.

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How Do I Protect My Right to Continue Living in My Son and Daughter-in-Law’s House if Something Were to Happen to My Son?

By Pierro, Connor, & Strauss, LLC.

QUESTION:

My son and daughter-in-law bought a house with a “granny flat” attached. I gifted them the money for the down payment and in return, I can live in the granny flat until my passing. My daughter-in-law and I do not always get along. How can I protect my right to live on the property should anything happen to my son?

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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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Knowing the best way to offer support, compassion and financial help to a loved one with Alzheimer’s Disease can be challenging. Life Happens Radio host, and founder of Pierro, Connor & Associates, Lou Pierro, spoke on this topic during the August 26th edition of the show. He was joined by Beth Bovin, CEO of the Northeastern New York Chapter of the Alzheimer’s Association.

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A New Jersey appeals court rules that an ugly dispute between two brothers over their mother’s placement in a nursing home did not amount to domestic violence. R.G. v. R.G. (N.J. Super. Ct., App. Div., No. A-0945-15T3, March 14, 2017).

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Seniors face complex legal concerns that are different from what they faced when they were younger.  Certain actions that you take may have unintended legal effects.  As a senior or someone who’s helping make decisions for a senior, it’s important that you work with an attorney who is knowledgeable in Elder Law.  You will want to hire the attorney who regularly handles matters in the area of concern in your particular case and who will know enough about the other fields to question whether the action being taken might be affected by laws in any of the other areas of law.  To avoid Substantial Avoidable Penalties, you should contact an experienced Elder Law attorney to address those issues.

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