Attorney Syracuse NY | Koldin Law Center, P.C. 2026-06-03T05:03:27Z https://www.koldin.com/feed/atom/ WordPress /wp-content/uploads/sites/1601297/2020/10/fav-image-75x75.png On Behalf of Koldin Law Center, P.C. https://www.koldin.com/?p=46888 2022-06-12T05:56:58Z 2013-10-28T17:13:39Z

Last Will and Testament dies with assets titled in his/her name alone, the Will normally must be submitted to the Court in a proceeding is known as “Probate.” As part of the Probate of the Will, the Witnesses who watched the execution of the Will sometimes must either testify in Court or sign an affidavit that it was actually their signatures on the Witness page of the Will. This can become a problem when Wills were executed many years before the person’s death. Often witnesses are deceased or difficult to locate and when they are located are inconvenienced by being ordered to appear in Court. In New York State, there is an optional additional page that can be included with Wills called a “Self-Proving Affidavit.” A Self-Proving Affidavit is a page where a Notary Public notarizes the sworn statement by the Witnesses that they were present for the Will signing, did sign their names as Witnesses and are of the opinion that the person signing the Will was of sound mind, under no restraint, and competent to make a Will. Normally this Self-Proving Affidavit will be accepted by the Probate Court as proof of the signatures by the Witnesses on the Will and the Judge won’t require the Witnesses to appear in Court. It is not unusual for older Wills to be lacking this Self-Proving affidavit. Therefore, it is a good idea to periodically review your estate planning documents to see if they need to be updated.]]> On Behalf of Koldin Law Center, P.C. https://www.koldin.com/?p=46886 2022-06-12T05:57:12Z 2013-10-28T17:09:57Z

Last Will and Testament is to designate a Guardian of your minor children. You should also consider designating an alternate Guardian in case your appointed person becomes unable or unwilling to serve. There are many factors to consider when designating a Guardian such as religion, similar values, geographic location, age, family relation or friend and current relationship with your children. Also, the Guardian can manage the “person” and/or the “property” of your minor child. You can designate the same person or different people for these duties.]]> On Behalf of Koldin Law Center, P.C. https://www.koldin.com/?p=46884 2022-06-12T05:57:21Z 2013-10-28T17:08:35Z

Medicaid application will be presumed by the Medicaid Agency to have been made for the purpose of depleting assets to qualify for Medicaid and subject to a transfer penalty. However, under the Medicaid transfer rules, the Medicaid applicant does have the opportunity to prove that transfers were made exclusively for a legitimate purpose and not to deplete assets to qualify for Medicaid. The Koldin Law Center, P.C., has won Fair Hearings against the Medicaid Agency by proving that various gifts were made while still healthy and for purposes other than to deplete life savings to qualify for Medicaid. In a recent New York Appellate Division Court Case, In the Matter of Donvito v. Shah, 2013 Slip Op 05393, approximately $6,500 was transferred to the applicant’s son during the 5 year look back period. The son argued that he used the gifted funds towards expenses on his father and that this transfer was not for the purpose of depleting assets to qualify for Medicaid, but rather was to give the son funds to help take care of his father’s expenses. The Court held that the son did not meet his burden of proof because he failed to submit documentary evidence such as credit card receipts or canceled checks to show where the transferred funds were spent. The lesson from this case is that if transfers are made when there is a possibility of long term care being needed within five years, accurate records should be kept showing the purpose of the transfers.]]> On Behalf of Koldin Law Center, P.C. https://www.koldin.com/?p=46880 2022-06-12T05:57:32Z 2013-04-06T17:04:09Z

Health Care Proxy is a legal document in New York State which allows you to appoint someone to make health care decisions on your behalf if you lose the ability to make decisions for yourself. New York state provides a standard form in the law. This standard form is widely used by attorneys, physicians and hospitals. There is an optional section on the form with blank lines for additional instructions. We have found that most new clients who come to our office either don’t have a Health Care Proxy or have one with the optional section for additional instructions left blank. Under New York law, your Health Care Proxy agent does not have the authority to make health care decisions for you about artificial nutrition and hydration (nourishment and water provided by feeding tube and intravenous line) unless you have made your wishes known to your agent. As a practical matter, most hospitals and physicians will be very reluctant to follow an agent’s instructions without the necessary proof of your wishes. Therefore, it is critical that you make your wishes known in this optional section of your Health Care Proxy. The Koldin Law Center, P.C., prepares Health Care Proxies for clients that always include specific instructions on your wishes regarding removal of life support, artificial nutrition and hydration. Unless the client instructs us otherwise, the Health Care Proxy we prepare also makes clear that you desire whatever treatment necessary for your comfort and to alleviate pain.]]> On Behalf of Koldin Law Center, P.C. https://www.koldin.com/?p=46873 2022-06-12T05:57:43Z 2013-04-02T16:59:53Z

better way to protect your assets is by transferring it to a specially designed irrevocable family trust. With a trust, you can protect your life savings without subjecting it to the problems of your children. To get legal help related to Medicaid eligibility and transferring assets, contact us.]]>