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Frequently Asked Questions Concerning Living Wills and Health Care Proxies
October 18th, 2014 by David Goldfarb
What is a Living Will? A Living Will is a written statement that expresses your desires with regard to health care treatment if you become mentally incapable and/or physically incapable of expressing those desires. It can include, but need not be limited to, instructions concerning the termination of life support. What is a Health Care […]
LIVING TRUST – IS IT RIGHT FOR YOU?
May 27th, 2014 by David Goldfarb
What is a “Living Trust”? Living trusts[1] (also known as “revocable trusts” and “revocable living trusts”) are often useful devices that can be used, in tandem with something called a “pourover will” (discussed below) to avoid probate or reduce the probate process’s affect on your loved ones after you die. A living trust acts […]
New York’s Estate Tax Dramatic Changes
April 30th, 2014 by David Goldfarb
April 2, 2014 — New York’s Estate Tax law has just undergone its most dramatic changes since the late 1990s, with long overdue increases in tax exemption that will eventually equal the Federal Estate Tax exemption, but also with a “cliff” that results in the loss of any exemption from New York Estate Taxation altogether […]
New York Elder Law
April 2nd, 2014 by David Goldfarb
For over 20 years the law firm of Goldfarb Abrandt & Salzman LLP has advocated for people with disabilities. Concentrating in elder law, trusts & estates, and the rights of people with disabilities, we have aided countless families, attorneys, social workers and financial planners. Health Care Coverage Estate Planning including Trusts and Wills Special […]
New York Expands Due Process Rights for Medicaid MLTC Recipients
April 2nd, 2014 by David Goldfarb
New York State’s 2014 budget bill added additional due process protections to persons receiving home care under the Medicaid Managed Long Term Care (MLTC) Program. The bill makes clear that when an MLTC provider determines to eliminate or reduce home care services and a fair hearing is timely requested, then the recipient must continue to […]
Transition of Medicaid Nursing Home residents into Managed Care
March 27th, 2014 by David Goldfarb
Please note, the New York Legislature in its 2018 Budget bill has “carved out” nursing home services from Medicaid managed care. The New York State Department of Health (DOH) has announced that the new date for the transition of nursing home residents into managed care plans is slated to start June 1, 2014 (previously April 1) for new permanent placements in […]
Estate Planning Resources on the Web
February 10th, 2014 by David Goldfarb
Goldfarb Abrandt & Salzman LLP’s Trusts & Estates Articles. ABA’s Wills: Why You Should Have One and the Lawyer’s Role in Its Preparation Should I Have a Will? from Goldfarb & Abrandt LaGuru Internet Law Library: Trusts and Estates Cornell’s State Probate Statutes on the Internet Estate Planning Links National Network of Estate Planning Attorneys […]
Should I Have A Will?
February 9th, 2014 by David Goldfarb
Intestate or Testate A person who dies with a will is said to have died testate. A person who dies without a will dies intestate. In either case, the person who dies is called the decedent, and the property the person leaves at death is called the his or her estate. It is always preferable […]
The Estate Tax Is Back, but with Some Twists—and Opportunities
February 8th, 2014 by David Goldfarb
Reprinted with permission from Trusts & Estates Law Section Newsletter, Spring 2011, Vol. 44, No. 1, published by the New York State Bar Association, One Elk Street, Albany, NY 12207 After nine years of speculation about what would happen to the federal estate tax once its one-year “repeal” disappeared at the end of 2010, on […]