New York Estate Planning & Elder Law Blog

Audit of NY Office of Medicaid Inspector General

Published on: May 29, 2013 | by Ettinger Law Firm

The latest developments with the NY Medicaid program relate to concerns about the performance of the state Office of Medicaid Inspector General (OMIG). The OMIG’s role is to ensure maximum efficiency of the program. Considering the constant chatter about possible program changes in order to save costs, the work of the OMIG is critical for all New York residents who rely on Medicaid assistance in any number of ways.

The OMIG identifies that its goal is “to enhance the integrity of the New York State Medicaid program by preventing and detecting fraudulent, abusive, and wasteful practices within the Medicaid program and recovering improperly expended Medicaid funds while promoting high-quality patient care.”

However, many observers have grown worried that the office is not maximizing its capabilities, allowing unnecessary funds to go out, hurting the overall efficiency of the Medicaid program. Those concerns were likely amplified in recent weeks as information came out regarding the potential abuse of adult day care programs funded by Medicaid. In addition, a congressional panel recently issued sharp criticism of the NY Medicaid program. That panel noted that New York maintains the largest Medicaid program in the country ($56 billion), and that the ballooning costs may be related, in part, to poor investigation of Medicaid fraud and abuse. The federal government pays for a portion of all Medicaid services, and so federal decision-makers can play in role in state Medicaid policy,.

Family Claims Women Looking to “Fleece” Estate After Man’s Murder

Published on: May 24, 2013 | by Ettinger Law Firm

Earlier this month we discussed the unique estate issues connected to the murder of a wealthy investor named Raveesh Kumra. Mr. Kumra was murdered during a robbery late last year. It has since been learned that the suspects include several men with connections to alleged prostitutes with whom Kumra apparently was connected. It is a tragic situations all the way around, and the man’s family was understandably blindsided by the situation.

Making matters worse, a significant battle over Kumra’s estate has been waged by various parties since the death. It is an example of the unique court challenges that often result when comprehensive estate planning is not conducted and all possible issues are not analyzed as part of that plan.

Out-of-Wedlock Children

When Powers of Attorney Go Wrong – Senior Fights to Save His Home

Published on: May 23, 2013 | by Ettinger Law Firm

Elder law issues are complex and comprehensive. Many attorneys practice exclusively in this area, because the legal issues facing the nation’s growing number of seniors are very unique, encompassing many different matters, including securing healthcare, at-home support, inheritance planning, and more.

Unfortunately, some try to use generic shortcuts to handle some of these matters, instead of creating comprehensive plans that take different issues into account. For example, some many that adding a child’s name onto a bank account or having a single Power of Attorney drafted are enough to solve any issues that might arise.

Examples continue to mount, however, illustrating how these shortcuts can cause serious problems. That is particularly true when disagreements arise between family members who were given various power and control over the affairs of the senior.

May is “Leave a Legacy” Month

Published on: May 22, 2013 | by Ettinger Law Firm

Virtually every month now has multiple awareness labels attached to them as advocates for various causes seek to raise public support for different causes. For example, this month is known in some international circles as “Leave a Legacy” month. Considering that many New Yorkers continue to delay estate planning and otherwise put off getting long-term affairs in order, this is certainly an awareness campaign that we can get behind.

In fact, some advocates are using a New York example as a reminder. We discussed the case last week of a man who apparently left his $40 million estate to no one, meaning that the funds will be end up in the state coffers. While most do not leave behind estates of that size, failing to create a will or designate how to allocate assets is far too common.

Estate Planning is About Your Legacy

Discriminatory Old University Trust May Be Modified

Published on: May 20, 2013 | by Ettinger Law Firm

Upon visiting an estate planning lawyer for the first time and learning about available options, many are surprised at the flexibility of different legal tools involved in the transfer of property. Far from simply doling out assets to specific friends and family members, one has immense control in deciding how those assets are used, when they are received, and what can trigger the loss of those assets. In this way, unique plans can be crafty which account for any number of family dynamics–multiple marriages, concerns about ex-spouses, children with special needs, relatives with poor money management skills, and more.

Similarly, the same flexibility often exists with gifts to charity. Many New Yorkers decide to share part of their assets with favorite non-profit causes. Those gifts can be one-time transfers or they may involve the creation of trusts for use in specific ways. For example, one of the most common charitable trusts involves setting up a scholarship fund to an alma mater to benefit future students. The trust may be funded with various assets, growing over the years and helping countless students.

Those creating these trusts can set many different terms on the gifts. Perhaps you’d like the funds to be used solely for those interested in pursuing nursing or for those who came from a certain disadvantaged background. In most cases, an attorney can help craft the legal arrangement so that your exact wishes are carried out.

National Enquirer Inheritance Fortune Feud: Adult Son Arrested

Published on: May 16, 2013 | by Ettinger Law Firm

The New York Daily News reported this weekend on more developments in an estate feud case that we have previously touched on. It is yet another testament to the lengths that some are willing to go when significant sums of money are involved. It is also a reminder of how even the closest family bonds can be destroyed by fights over an inheritance.

Mother & Son At Odds Generoso Pope was a highly successful publisher, creating the well-known tabloid still seen in many grocery store check out lines: The National Enquirer. Generoso Pope died many years ago, and the publishing business was sold for several hundred millions dollars. This represents a huge estate that was divided between Generoso’s surviving wife and son. Per the terms of the inheritance plan, the man’s wife, Louis Pope, received $200 million. The son, Paul Pope, received $20 million. Other siblings also received sizeable inheritances.

For most families, that amount of money would seems sufficient to live off for a lifetime. However, as so often happens with large estates, feuding came immediately, with accusations being hurled on both sides about wasteful spending and withholding of funds.

Stolen Home: Elderly Mother Claims Deed Conveyed to Son Via Fraud

Published on: May 15, 2013 | by Ettinger Law Firm

Most discussions of elder financial exploitation include accusations of unique scams targeted at trusting seniors. As we discussed last week, many wrongdoers try to swindle the elderly community via insurance frauds, home repair schemes, and similar techniques. These are very real dangers that must be guarded against. However, it is a mistake to assume that all scams are committed by random strangers.

The sad reality is that many act of elderly financial exploitation are perpetrated by family members. Because of a senior’s propensity to trust their relatives and/or not wish to come forward with suspicions against loved ones, financial crimes committed by friends and family are particularly hard to identify. Experts working on these affairs point out that the vast majority of these situations never result in liability. In other words–wrongdoers often get away with it. The “success” rate of this exploitation is one reason why it continues to be perpetrated time and again. That makes it incumbent on all of us to do everything in our power to check on vulnerable friends and relatives and put plans in minimize the risk of harm.

Fraudulent Deed

Siblings Inheritance Feud Turns Criminal

Published on: May 14, 2013 | by Ettinger Law Firm

Estate planning attorneys frequently urge residents to be careful about creating long-term plans to avoid family feuding. Careful consideration of inheritances, open communication between families, and prudent use of tools like trusts are usually the best way to ensure that families are not torn apart after a passing.

Some seniors appreciate certain inherent conflicts within the family and work to counter those risks. However, many others assume that such feuding only affects “others” and their family members would never fall into arguments and ruin relationships over property or other end-of-life matters. The reality is that no one knows for sure how things might play out. Reactions to the loss of a relative often spur deep psychological impulses with emotions askew. That can spur problems for even the most stable families.

Estate Planning Murder Plot

Massive Elder Scam Cost Seniors Nearly $6 Million

Published on: May 13, 2013 | by Ettinger Law Firm

On the whole, studies continue to show that seniors citizens are more “trusting” than younger demographics. Sadly, that trust is often exploited by those seeking to scam seniors out of significant sums of money, including retirement savings. These scams take many forms, and each are a reminder for families to be vigilant about the financial well-being of elderly loved ones.

Recently, headlines were made when authorities arrested a couple who are alleged to have bilked seniors out of nearly $6 million in a far-reaching insurance fraud scheme. The pair tricked many different families into purchasing long-term care insurance to provide in-home care to seniors. They collected a mountain of premiums, but refused to provide any of the actual services needed when participants sought use of their claims.

According to various reports, more than 230 seniors purchased insurance policies from the couple. They paid monthly premiums as high as $4,000 for what they thought would ensure them “unlimited in-home, non-medical services.” In reality, it bought them nothing.

Children-Out-of-Wedlock and Inheritance Feuding

Published on: May 9, 2013 | by Ettinger Law Firm

The more complex a family arrangement, the more tailored estate plan is likely needed. For local residents this often takes the form of second or third marriages, with children and different step-relatives. The “default” rules may not be good at accounting for these various relationships and balancing the unique needs of wishes of each family member. Yet, even in the most extreme cases, an estate planning attorney is able to craft the best possible arrangements, provided participants are open and honest about their situation.

But, things can get particularly sticky when there are secret relationships or other family dynamics that are not incorporated into a plan.

Mistress & Children Fight for Inheritance