Thinking about the end of your life is never easy. Unfortunately, many people avoid planning for the end of life because it can be uncomfortable. No one can predict what may happen tomorrow, next week, or next year, so it’s best to address estate planning with your parent as soon as possible. Before we discuss […]
Guardianship and conservatorship disputes, will and trust disputes, fights over family real estate, and disputes over true intentions of gifts can all result in probate litigation. The most successful approach to mitigating or avoiding probate litigation risk is carefully planning for the future. Comprehensive estate plans that are routinely updated, careful consideration and documentation of […]
New Medicaid Look Back Rules If this sounds familiar, you’re right—recent years have seen many extensions of rules regarding Medicaid. But for New Yorkers, this most recent change to Medicaid Community Based Care is a result of a New York State’s 2022-2023 budget and not the pandemic. There has always been a five-year lookback […]
There are legal considerations for every stage in life. The practice of elder law focuses on the legal challenges, asset preservation and planning long-term care for those individuals who are of 50 years of age and older. It is important to be prepared and work with a knowledgeable elder law attorney as this is a […]
I’m often surprised how many people are shocked to learn that Medicare and Supplemental Insurance does not cover Long-Term care costs. When referring to Long Term Care, I’m addressing care in the following: Independent Living Assisted Living Memory Care (Dementia) Skilled Nursing CCRC (Continuing Care Retirement Communities) Let me address the confusion. Medicare and Supplemental […]
The prospect of a spouse needing nursing home care is one of the biggest financial worries for couples. With some facilities on Long Island now charging more than $600 a day, even with long-term care insurance policy benefits, the monthly out-of-pocket cost of a room in a nursing home can easily exceed $6,000. For couples […]
Texas offers excellent creditor protection compared to other states. Our Texas bankruptcy laws are better than the federal ones when it comes to protections, but retirement is protected even under the federal program. Until recently, retirement benefits were not protected from long term care. There are still some problems with protecting them from it, depending […]
Nowadays, with so many advances in Medicaid Planning, our seniors are living longer. While that leaves many more years for families to create memories and shared experiences, have you considered that it also means that our senior family members may require more full-time nursing care as they age? Long-term care can be incredibly expensive which […]
Help may be available to offset the costs of home care or a long-term care facility for veterans who served during a wartime period and their surviving spouses. Through a Veteran Administration’s pension benefit called Aid and Attendance, qualified veterans and surviving spouses may be eligible to receive a monthly check depending on their income […]
When you create a will, you outline your wishes for the division of your property after your death. You can also name a guardian for any of your minor children. Although creating a will is an important step, many people do not have one of these documents. In fact, recent studies have shown that only […]
On Monday, September 13, a tax bill was sent to the House Ways and Means Committee. Notably, there was no proposal to kill basis step up or to repeal the SALT deduction limitation. Here is a summary of the Biden Administration’s proposed federal tax changes: INCREASE IN CORPORATE TAX The flat corporate income tax is […]
The death of a parent is never easy. Each individual family member is forced to contend with the loss of the relationship they had with their mother or father, and the family unit may be impacted. Too often, at a time when the family could benefit from being close, differences and misunderstandings create distance. Carefully […]
The news about Britney Spears’ battle with her father Jamie to end his guardianship has garnered its fair share of headlines. But Britney’s high-profile guardianship battle is hardly the first and won’t be the last. A recent study published in The Lancet reveals the number of children who have lost parents or caretaking grandparents as […]
Elderly and incapacitated loved ones often need assistance in managing their financial and medical affairs. Well-meaning family members might try to assist them, only to encounter roadblocks from financial institutions and health care providers who require evidence of legal authority to act on behalf of the incapacitated individual. How do you know if you have […]
WHAT IS ELDER LAW? Among lawyers, there really is no clear definition for the term Elder Law. Why? Because it encompasses so many areas. Such as estate planning, Medicaid eligibility, Medicare law, Social Security law, wills, trusts, probate, retirement planning, health care planning, disability, incapacity, dementia, Alzheimer’s; and the list goes on. Perhaps the best […]
Knowing the truth about the following misconceptions about nursing homes and your assets could be highly beneficial to your family’s elder care situation… Misconception No. 1: “If I Put My Assets In Joint Names With My Children, The Assets Will Be Exempt For Nursing Home Purposes.” The Truth: You are considered the owner of any […]
2021 Florida Legal Elite | Elder Law Attorney Kathleen Flammia Less than 1.5% of all active Florida Bar members practicing in Florida appear among the exclusive Florida Legal Elite. Flammia Elder Law Firm is proud to announce that Elder Law Attorneys Kathleen Flammia has been awarded the 2021 Florida Legal Elite award, placing her among […]
No one wants to face the fact that our loved ones will not be with us forever. Facing our own mortality is frightening as well. Although none of us wants to contemplate a time when we or a loved one might become disabled or die, it is important to prepare for death or disability. There […]
Have you heard of elder law? While most attorneys are defined by a specific area of the law in which they practice, elder law attorneys practice across areas of law as they strive to meet the unique legal needs and challenges that we face as we age. Elder law attorneys focus on the specific needs of aging […]
Planning for long-term care helps you and your family prepare for the expense of home care and preserves your assets for future generations. Creating a Medicaid plan enables you to pay for needed care without depleting your hard-earned savings. COVER LONG-TERM CARE WITH MEDICAID Many people cannot afford to pay for a nursing home or […]
Each year, millions of Americans dismiss estate planning efforts because they believe it is too complicated. While crafting estate plans can be confusing at first, the process can be simplified when you are working with the right team. Understanding the essentials of estate planning firms can help you and your family plan for a bright […]
STEP 1: Give Monetary Gifts To Your Loved Ones Before You Get Sick Of course, there’s no way to know with certainty if or when you will need nursing home care, but giving gifts to your family members well ahead of time helps protect the money from creditors seeking to collect after your death. In […]
Mom can’t remember where her keys are. Dad got lost driving to the grocery store. Children often hear these comments about their parents or grandparents and wonder, is it normal aging or dementia? As we age, it is common to have what many refer to as “Senior Moments”. These moments can include occasional word-finding difficulties […]
As your senior loved ones continue aging, health and mobility issues may impede their ability to properly shower, dress, bend to tie shoes, reach a kitchen cabinet, and other simple tasks. These limitations can frustrate them and adversely affect their mood and emotional state. A variety of personal care items are available to help them […]