What does an elder law attorney do?

An elder law attorney helps older adults and their families address legal and financial issues involving long-term care, Medicaid eligibility, asset protection, guardianship, healthcare decision-making, estate planning and estate administration.

When should I begin estate planning?

Estate planning should begin once you have assets, dependents, healthcare preferences or individuals you want to authorize to make decisions on your behalf. Plans should also be reviewed following major life changes, including marriage, divorce, retirement, illness, the birth of a child or grandchild, or a significant financial change.

What documents should an estate plan include?

An estate plan may include a will, one or more trusts, a power of attorney, healthcare proxy, living will and beneficiary designations. The appropriate documents depend on your assets, family circumstances, tax considerations and long-term objectives.

What is Medicaid planning?

Medicaid planning involves legally organizing finances and assets to prepare for the cost of long-term care while meeting Medicaid’s eligibility requirements. Because eligibility rules are complex and timing can significantly affect available options, early planning is generally beneficial.

Can I protect my home if I need nursing-home care?

Depending on the circumstances, legal planning strategies may help protect a home and other assets while maintaining or preparing for Medicaid eligibility. The options available depend on ownership, transfers, family circumstances, timing and applicable Medicaid rules.

What is the difference between a revocable and irrevocable trust?

A revocable trust can generally be changed or revoked by its creator during their lifetime. An irrevocable trust usually involves giving up certain ownership or control rights and may be used for asset protection, tax planning or benefit-eligibility purposes.

When is a guardianship necessary?

A guardianship may be necessary when an individual cannot adequately manage personal or financial affairs and has not established sufficient advance directives. A court determines whether the individual is incapacitated and what authority, if any, should be granted to a guardian.

What happens if someone dies without a will in New York?

When someone dies without a valid will, New York’s intestacy laws determine who inherits the estate. The court appoints an administrator to collect assets, address valid obligations and distribute the remaining property according to those laws.

How can an attorney help with estate administration?

An estate administration attorney can help executors, administrators and trustees understand their responsibilities, complete court filings, identify and value assets, address creditor claims, resolve disputes and distribute property properly.

How can families plan after an Alzheimer’s or dementia diagnosis?

Planning may involve reviewing or preparing estate documents, establishing decision-making authority, evaluating asset-protection strategies, assessing Medicaid eligibility and preparing for future care. Available options may depend on the diagnosed individual’s legal capacity, making prompt legal guidance especially important.

The Strength of a Full-Service Law Firm

Planning for the future may involve more than a will, trust or Medicaid application. Families can encounter related issues involving healthcare, mental health, real estate, taxation, litigation and business ownership.

As a full-service New York law firm, Abrams Fensterman offers coordinated legal guidance across these disciplines. This collaborative approach enables our attorneys to address both immediate concerns and the broader legal issues affecting a client’s family, property and future.

Speak With Our Elder Law and Estate Planning Team

Whether you are planning ahead, caring for an aging loved one, preparing for long-term care, administering an estate or confronting an urgent legal issue, our attorneys are ready to help.

BEST PRACTICES. BEST RESULTS.