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Neighbor Has A Trust; Should I Get One Too?

Bridget T. Eichinger — Tue, 20 Feb 2024 13:35:18 +0000

The title of this blog article may seem absurd, and yet I cannot tell you how many clients have told me that someone they know has established a trust, and ask me if they should have one as well. My question invariably is, “What is it that you want to accomplish with the trust?” The […]

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Pooled Income Trusts for Medicaid Home Care

Samantha A. Lyons — Fri, 26 Jan 2024 19:15:30 +0000

One of the biggest misconceptions related to Community (Home Care) Medicaid is the idea that one thinks that they and/or their loved one is not eligible for services because “they make too much money.” In New York State for one to be financially eligible for Community Medicaid (in 2024), their non-retirement assets must total below […]

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NY ESTATE TAX CLIFF

Stacey S. Reynolds — Fri, 08 Dec 2023 12:59:16 +0000

New York imposes an estate tax on New York residents, and on non-residents’ real and tangible personal property located in New York. In 2023, if a decedent’s New York taxable estate is $6.58 million or less, no New York or federal estate tax is due (and if you fall into this category, you can stop […]

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What is a Special Permit and When is it Required?

David Simon and L&S Staff — Mon, 25 Sep 2023 16:05:58 +0000

What is a Special Permit? As discussed in our prior article, New York Zoning Basics: What Landowners Need to Know, zoning ordinances divide the geography of municipalities into smaller and distinct districts, limiting the size of lots and buildings, density of development within those districts. They also prescribe permitted uses of the land and buildings […]

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Mental Hygiene Law (MHL) Article 81 vs. Surrogate’s Court Procedure Act (SCPA)

Kathleen A. Redalieu — Tue, 25 Jul 2023 12:17:39 +0000

In New York State, there are two legal proceedings that deal with the appointment of a guardian for an individual who is deemed incapacitated. These proceedings are commenced either under Mental Hygiene Law (MHL) Article 81 or Surrogate’s Court Procedure Act (SCPA) 17-A. While both proceedings largely serve the same purpose, there are significant differences […]

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What About the Kids?

Bridget T. Eichinger — Mon, 08 May 2023 19:45:23 +0000

It’s all about the kids. It always has been. You fed them, helped them to complete school assignments, taught them to ride their bicycles and to drive, saved for their college educations, and, if they are already adults, counseled them on careers, relationships, and the purchase of their home, and you want to leave them […]

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What is Medicaid?

Kimberly Bliss and L&S Staff — Fri, 24 Mar 2023 20:40:09 +0000

Medicaid is a publicly funded health insurance program designed for people with low incomes and for adults over age 65, certified blind, or certified disabled individuals. It is jointly funded by the federal and state governments. As such, each state administers its own Medicaid program in accordance with federal requirements but with different eligibility rules […]

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Can I Probate a Handwritten Will?

Gianna O. Corona — Thu, 23 Feb 2023 13:41:53 +0000

As an estate planning attorney, I often have clients or their family members ask me about handwritten wills. Some of the questions, I have been asked have been: “My father left a signed piece of paper stating what he wanted to happen to his estate after he passed away; we can file this with the […]

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How a Care Committee Provides Extra Support for Beneficiaries who Struggle with Mental and Behavioral Health

Laidlaw & Simon — Sat, 17 Dec 2022 15:25:34 +0000

When creating an estate plan, parents typically want to treat their children equally. But for wealthy families whose loved ones are struggling with mental or behavioral health issues, a large inheritance may be more detrimental than helpful. How can parents leave an inheritance that will support their beneficiary rather than derail them? The Special Needs […]

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Navigating the State Environmental Quality Review Process

David Simon and L&S Staff — Fri, 16 Dec 2022 14:10:09 +0000

To view footnote, click on footnote number. Projects or activities that require approvals or permits from a New York State agency or local government are subject to an environmental impact assessment under the State Environmental Quality Review Act (SEQRA). SEQRA is not intended to be a barrier to the approval of a proposed action but […]

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