Common Questions About Elder Law

We all grow old and must one day address the practical and legal considerations that go along with advancing on our life’s journey. Elder law addresses those issues. Whether you have questions for yourself, or you are caring for an elderly parent or loved one, we can help.

At Korsinsky & Klein LLP, Elder Law is a major focus of our practice. Our attorneys are passionate about providing trusted guidance and advocacy for aging clients. Below are common questions we hear. For answers to your specific questions, please call us at 212-257-0199.

How do I know if I qualify for Medicaid?

New York law outlines specific eligibility requirements that an individual must fulfill to qualify for Medicaid. The program is available for low-income individuals with high medical demands as a result of disability, disease, illness, age or other factors. You may be covered by Medicaid if you have high medical bills, receive Supplemental Security Income, or meet the income and asset test. There may be certain exceptions, however. Talk to our lawyers about your whether you or a loved one is eligible. We also help people plan for Medicaid eligibility in a way that preserves their assets.

How do I have a successful Medicaid Fair Hearing?

A Medicaid Fair Hearing gives you the opportunity to appeal a decision that denied you coverage. You can show that your application cannot be completed properly, or you may explain that the caseworker did not transcribe information from your application correctly. The state Medicaid agency may have found disqualifying transfers on your bank statements, or you may not have sent all the additional information the caseworker needed. We will send one of our attorneys to your hearing, and we will represent you before the administrative law judge. These hearings are successful only if you provide us with the denial letter and remain truthful during the investigation.

Is it too early to consider estate planning?

Estate planning is an excellent way to protect yourself if you want to organize your finances and help your family understand what to do when you pass away. Estate planning also includes a Last Will and Testament. You can include special documentation that establishes Trusts for your children, grandchildren or loved ones. You can include instructions for managing your estate if you are ever incapacitated, and you can name your representatives.

If you create an estate plan when you are young and healthy, it is easy to adjust. This is much better than scrambling to create a Will if you ever get sick. You can modify the document as your children get older, and you can add or remove family members as needed.

Why do I need to consider estate planning?

No one likes to think that, at some point, they will pass away. If you or a loved one delays the process of planning for the future, you run the risk of putting your life’s investments in danger, and the ones whom you love the most will be directly impacted by the losses. You could leave your estate at the mercy of a probate judge who does not know you or your family.

An estate plan ensures that your assets, properties and other belongings will be passed on to the next generation. Not only will this protect your assets, but it will also contribute to the long-standing financial health of your family. When you fail to coordinate your wishes for property distribution, potential problems and probate disputes could put unnecessary strain on your loved ones after you pass away. For example, your family may not be able to pay for your funeral and a prolonged probate battle at the same time.

How can I protect my heirs?

There are many ways that you can protect your heirs and offer them peace of mind for the future. Our attorneys are skilled in comprehensive and strategic approaches to future planning. Through establishing directives for guardianship or estate planning with Wills and Trusts, there are numerous ways for you to protect your loved ones. We would be happy to consult with you, get to know your personal circumstances and create a plan of action that will help you secure the best possible outcome for both you and your heirs.

How can I protect myself from financial exploitation?

You can protect yourself by crafting a careful estate plan that prevents someone new in your life from abusing you or stealing your money when you are mentally unfit to manage your finances. Your family will know what to do if you created an estate plan that is appropriate for your situation. Documents such as Powers of Attorney will designate trusted loved ones to manage your finances in the event of your incapacity. A long-term care plan is also an essential piece of the puzzle.

How can I protect an elderly loved one from financial abuse?

You can protect elderly loved ones or friends from financial abuse if you know about their estate plan and if they have preventative measures in place. Because elder financial abuse is common, you need to know what your elderly loved ones want to do when they are sick or incapacitated. If you were assigned to manage your loved one’s estate, you must obtain a copy of the document. Our lawyers can help you navigate these issues.

What is Guardianship?

A Guardianship is a legal arrangement that allows a family member or friend to manage the affairs of someone who is incapacitated. Guardianships can be created to fit your situation, and you may want to assign a guardian into your estate plan. You may also change the guardian at any time.

Can I seek an emergency Guardianship?

If you are trying to protect an elderly loved one who is incapacitated, you may need to request an emergency Guardianship. We can process emergency Guardianships for our clients when they believe their loved one is currently being abused or financially exploited.

What is the best way to avoid estate taxes?

There are different types of estate taxes, including federal and state. Because every case is different, there is not just one way to avoid paying estate taxes. While creating a comprehensive estate plan, we will determine if establishing a Trust, planning for Medicaid, implementing a gifting strategy, dividing your assets or pursuing other strategies will reduce or eliminate your estate tax liability. We will make certain that your estate plan adheres to all the requirements of the Internal Revenue Service (IRS) and other tax authorities.

Get Answers To Your Questions Regarding Elder Law Concerns

If you have more questions or concerns, do not hesitate to contact the Brooklyn Elder Law attorneys at Korsinsky & Klein LLP. Call us today at 212-257-0199 or contact us online for an initial consultation.

We encourage you to browse through our website to learn more about the endless possibilities that our firm offers for your current and future planning needs. We provide legal counsel to clients throughout New York and New Jersey from our offices in Manhattan, Brooklyn and Lakewood, New Jersey.