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New York Estate Planning & Elder Law Blog

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Staying Away from Financial Elder Abuse

A 90-year-old woman is a recent victim of elder abuse. The financial scammers hacked into the woman’s account and removed $20,000. Frequently, financial abuse scammers present themselves as technical support or service representatives who offer to resolve issues connected to compromised email or bank accounts or even the renewal of…

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What You Should Know About Creating a Special Trust for Your Elderly Loved One

Many adults with special needs children routinely worry about how the child will survive when the parent can no longer support them. Often, leaving money directly to a special needs child can end up jeopardizing that child’s ability to receive any support from government-funded programs including Medicaid and Supplemental Social…

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The Stonewall Era of LGBTQ+ Elders Approaches Long-Term Care

One new study found that many LGBTQ+ individuals worry that prejudices held by long-term care facility staff could continue placing these elderly individuals in an environment rife with discrimination and misunderstanding. Many elderly LGBTQ+ individuals even feel the need to go “back into the closet” due to fears about being…

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Health and Human Services Lengthens Deadline for State Improvements to Some Medicaid Services

The Department of Health and Human Services through the Centers for Medicare & Medicaid Services recently notified states that they have one more year to utilize funding from the American Rescue Plan to bolster both community- and home-based services for Medicaid recipients who require long-term care support and service. The…

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Estate Planning Alternatives to Quiet Trusts

Many people want to avoid involving children in conversations about trusts. This article reviews some ideas that are helpful to consider when people decide whether to establish a quiet (or “silent”) trust or a trust that allows keeping the trust’s existence or details about the trust from beneficiaries as well…

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Raising Issues of Incapacity or Undue Influence to Challenge Estate Plans

After a loved one passes away and you learn about that person’s estate plan for the first time, it’s common to encounter various emotions as you respond to the terms of the plan including shock, sadness, or even anger. Based on the estate plan’s appointments, beneficiaries, or other times, you…

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Audits Could Leave Many People Without Health Insurance

State audits have the potential to impact 15 million individuals including 6 million children losing their health insurance. Some state workers are concerned that they might lack the resources to aid people in finding new insurance coverage.  The existing federal public health emergency will expire this year, which will subsequently…

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Postal Service Switches Retirement Benefits to Medicare

Congressional efforts to revise the country’s mail service might come at the cost of an even more nuanced issue involving Medicare. The Postal Service Reform Act of 2022 would help to free post office costs by resolving the unusual and challenging legal requirement to fund 75 years of retirement health…

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