Korsinsky & Klein LLPKorsinsky & Klein LLP2026-06-14T14:32:36Zhttps://www.kklawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1302650/2020/11/cropped-Korsinsky-klein-site-identity-32x32.jpgOn Behalf of Korsinsky & Klein LLP<![CDATA[Who can fight your will and actually win?]]>https://www.kklawfirm.com/?p=531932026-06-14T14:32:36Z2026-06-14T14:32:36ZA disappointed relative can threaten a lawsuit after reading a will, but frustration alone does not overturn an estate plan. In New York, the stronger question is whether that person has the legal right to object and enough evidence to prove a real problem. For families with substantial property, business interests or blended family dynamics, that distinction matters.
They need a financial stake
New York does not let just anyone object to probate. A person generally needs a financial interest that would suffer if the court accepts the will. That may include a spouse, child, beneficiary under an earlier will or another heir who would inherit if the will failed.New York’s Surrogate’s Court Procedure Act says a person whose interest in the estate would suffer may object to probate. Hurt feelings, family history or moral outrage do not create a strong case by themselves.
They need a legal reason
A challenger also needs grounds that attack the validity of the will. Common claims involve lack of capacity, undue influence, fraud or problems with how the will was signed.These claims require more than suspicion. A child who dislikes a parent’s second spouse, for example, still needs facts showing pressure, deception or incapacity. In high-value estates, those facts may come from medical records, emails, financial documents, witness statements or changes in professional relationships.
Sudden changes invite closer review
A late-life will revision can draw attention, especially when it shifts major assets away from longtime beneficiaries. That does not make the new will invalid. People can change their plans for personal, business or family reasons.The risk rises when the change happened during illness, isolation or heavy dependence on one person. A court may look closely at who arranged the appointment, who spoke with the lawyer and who benefited from the new terms.
Strong planning can reduce the opening
A carefully drafted will does not prevent every fight, but it can make a weak challenge harder to sustain. Clear signing procedures, capacity notes, consistent beneficiary choices and thoughtful explanations can all help show that the plan reflects the person’s actual intent.For complex estates, a will or trust dispute often turns on documents created long before anyone reaches court. Clean records can matter as much as the language inside the will.
Treat the threat as a planning issue
The person most likely to “win” a will contest usually has both standing and evidence. That is why vague threats should not drive your estate plan, but credible risks should shape it.If you expect conflict, review the vulnerable parts of your plan now. A careful record of capacity, intent and procedure can help your family defend the choices you made when the pressure begins later.]]>On Behalf of Korsinsky & Klein LLP<![CDATA[Should professionals review their estate plans?]]>https://www.kklawfirm.com/?p=531912026-06-10T21:08:01Z2026-06-10T21:08:01ZIt is not uncommon for career professionals to experience significant changes throughout their careers and personal lives. They might start a business, receive a promotion, make investments or grow their family; all of these things can affect the long-term goals of a person.
Regular reviews may help ensure that an estate plan continues to provide the protection, control and flexibility a person wants.
Significant changes may require updates
Life does not stay the same. Personal and financial circumstances change over time. Estate planning documents may need to be reviewed to make sure they align with future objectives. Some examples of events that may require us to review the estate planning documents include:
Marriage, divorce and remarriage
Birth of a child or a grandchild
Starting, acquiring or selling a business
Purchase or sale of real estate
Any major career change or retirement
Significant changes in wealth
Even a detailed, well-crafted estate plan could benefit from adjustments when major life events happen.
Growing wealth can create new planning needs
As wealth and assets grow over time, estate planning considerations often become more complex. Professionals who have accumulated investment accounts, real estate, business interests or other valuable assets may face planning issues that did not exist when their plans were first created.Periodic reviews can help determine whether current strategies still support an individual’s goals. They can help determine whether the plan still reflects a person's needs.
Family priorities can change over time
Estate planning involves more than finances. It is also an opportunity to help protect loved ones and ensure that important decisions remain in trusted hands.Over time, relationships, responsibilities and family needs might change. Individuals chosen to serve as executors, trustees or agents under a power of attorney may no longer be the best fit.Reviewing these documents from time to time can help ensure that key roles have people who are capable of carrying out those responsibilities.
Protecting what you have built
For many professionals, an estate plan is more than just legal paperwork. It could reflect the effort put into building their career, supporting families and creating financial security. A thoughtful plan can help protect those achievements while ensuring that personal wishes are honored in the future.Taking time to revisit an estate plan from time to time may help identify outdated provisions, address circumstances that might have changed and provide confidence that years of hard work will continue to benefit future generations.]]>On Behalf of Korsinsky & Klein LLP<![CDATA[The role of Medicaid in New York long-term care planning]]>https://www.kklawfirm.com/?p=531902026-06-02T09:13:13Z2026-06-02T09:13:13ZEligibility for Medicaid in New York
New York residents with low income may qualify for Medicaid as long as they meet income limits for their age group and household size. People who may qualify include:
Children
Pregnant women
Single adults
Families
Certified blind or disabled people
Immigrants are also eligible as long as they meet the requirements. Some people may also qualify if they have high medical bills, even if their income or resources are above the usual limits.
Understanding the spend-down process
If you exceed Medicaid’s income or assets limits, a spend down allows you to qualify by reducing them to the program’s thresholds. If your income is over the limit, the process works like a repeating deductible.
You can subtract New York’s medically needy limit from your wages, then pay it in approved medical costs during the budget period (often 1 to 6 months). After that, Medicaid covers the remaining eligible care.
An asset spend down is an easier, one-time step. Before applying for Medicaid, you can reduce your countable resources until you are at or below the allowed threshold.
The importance of trusts
Another common strategy to help you qualify for Medicaid is by storing certain assets in a Medicaid Asset Protection Trust (MAPT). Under the trust, these resources are generally excluded in the program’s eligibility review because you no longer own them. A MAPT can also help preserve assets for your children and other family members.
When planning early matters
Navigating Medicaid qualification requires careful preparation while paying attention to state program requirements. Working with a legal professional can help you ethically structure your finances while ensuring long-term care for you or your loved ones.]]>On Behalf of Korsinsky & Klein LLP<![CDATA[Navigating powers of attorney, health care proxies and living wills]]>https://www.kklawfirm.com/?p=531882026-05-29T02:13:38Z2026-05-29T02:13:38ZEstate planning is about much more than just distributing tangible or financial assets after someone passes away. It also focuses on planning for the future, with the understanding that a medical emergency could occur.
Three documents may be helpful when doing this type of advance planning. Many estate plans will contain all three, as they address different areas.
A financial power of attorney
First, you may want to set up a financial power of attorney or a legal power of attorney. This can give someone else the ability to act on your behalf if you are incapacitated. They may be able to pay taxes, access bank accounts, pay hospital bills or navigate real estate transactions.
A health care proxy
With a health care proxy, you choose an individual who can make medical decisions for you. If you are incapacitated and the doctors want to give you emergency treatment, for example, then your proxy can authorize that treatment when you are unable to do so. This could be the same person as your financial power of attorney, or someone else entirely.
A living will
Finally, you can use a living will to make some decisions in advance, rather than choosing an agent to act on your behalf. If you do not want to be resuscitated or kept on life support, for example, you can spell out your medical wishes in a living will.
Setting up your estate plan
These are three important documents to consider when making your estate plan. Take the time to carefully weigh all of the legal options at your disposal.]]>On Behalf of Korsinsky & Klein LLP<![CDATA[3 common moves during a Medicaid spend-down]]>https://www.kklawfirm.com/?p=531862026-05-16T03:29:14Z2026-05-16T03:26:19Z1. Paying medical bills
Spending income to qualify for Medicaid requires that people use their funds for approved purposes, including reducing existing medical debts. People who already have past-due medical bills can reduce their debt every month by paying toward those balances with their excess income.
2. Modifying the home
People with debilitating medical conditions may need to make adjustments to their living space. They may want to change their doorknobs and faucets or renovate the home so they can live on the first floor, for example. Necessary modifications, such as walk-in tubs, can cost thousands of dollars to install and are often part of a spend-down strategy.
3. Prepaying funeral costs
Older adults can pay in advance for funerals, burial plots and cremation and memorial services. Doing so allows them to take pressure off their loved ones after their passing and potentially help them qualify for Medicaid when they are vulnerable.
Working with an attorney to plan for Medicaid can help people create effective spend-down strategies. The right financial choices can help people qualify for benefits when they need them.]]>On Behalf of Korsinsky & Klein LLP<![CDATA[Common pitfalls in health care proxies]]>https://www.kklawfirm.com/?p=531852026-05-04T09:38:34Z2026-05-04T09:38:34ZYou might think you have your health care proxy figured out. You picked someone you trust, signed the paperwork and filed it away. However, a health care proxy that looks complete on paper can still fall apart when it matters most.
One common oversight is proper execution. New York has specific legal requirements for executing a health care proxy. Missing signatures or improper witnessing can render the document invalid when it matters most. Precision is everything when creating these legal documents, and even a small technical error can completely undermine your intentions.
Choosing the wrong agent
Your health care proxy designates someone to make critical decisions on your behalf when you can’t. They need to be emotionally steady under pressure and capable of honoring your wishes even when they personally disagree. Most people settle for a spouse or eldest child, but don’t be tied to personal relations.Look beyond family if necessary to choose the right person for the role. Equally important is having a backup agent. A designated alternate helps avoid unnecessary complications if your primary choice is unavailable or unwilling to act when the time comes.
Leaving too much to interpretation
You must be specific in your instructions. Otherwise, your agent, loved ones and doctors may interpret vague language in different ways, which can lead to conflicts. A well-drafted document should address all possible scenarios with enough detail to guide real decisions.
Not updating the document
Life changes, from your relationships to medical preferences. An outdated proxy can name someone inappropriate or fail to align with your wishes. Reviewing your document every few years or after major life events can help ensure it continues to represent your intentions.Working with professional legal guidance when drafting or reviewing your health care proxy can make the difference between a document that simply exists and one that actually protects you. More importantly, you’ll be better placed to avoid costly mistakes that could stress your loved ones or leave critical decisions in the hands of a court.]]>On Behalf of Korsinsky & Klein LLP<![CDATA[LL97 compliance costs: Who is liable in a New York City lease?]]>https://www.kklawfirm.com/?p=531842026-04-20T17:05:16Z2026-04-20T17:05:16Zbears legal responsibility for meeting those limits, your lease determines who absorbs the cost. The three provisions below define where that liability lands, and what you should look for before you sign or close.
Carbon penalties and operating expense clauses
Most standard NYC commercial leases are drafted to exclude fines, penalties and interest from operating expenses. Without a specific, negotiated LL97 Rider — a written addendum that assigns responsibility for LL97 costs and overrides the standard fine exclusion — a landlord's ability to pass a carbon penalty to a tenant is far from guaranteed. Whether you are a tenant, buyer or new owner, check whether this rider exists and review its terms carefully with your attorney.
Capital improvements and green lease clauses
A building may require major upgrades, such as a new HVAC system, to meet its carbon limits. Standard lease definitions and accounting rules typically classify those costs as capital improvements, which fall on the landlord.
A green lease clause, however, allows the landlord to bill the tenant for a share of those costs over time, rather than all at once. The parties agree on a method for projecting energy cost savings, and the lease typically caps payments at a portion of those projections. Whether you are signing a lease or evaluating a property, pay close attention to how long those payments run and how the parties measure the savings.
Tenant load and carbon budget clauses
Some leases include carbon budget clauses that assign a portion of a building-wide penalty to any tenant whose energy consumption exceeds a set limit. High-energy tenants, such as data centers or medical facilities, should review their leases carefully to understand their exposure.
Property buyers and sellers should also check whether existing leases contain these clauses. A high-energy tenant could be contributing to a penalty that affects the property's overall financial picture.
Protect your position before you sign or close
A building that exceeds its carbon limits carries real financial costs that can lower its value and complicate a sale. Standard property insurance typically does not cover these fines, so your contract needs to address them directly. Have a qualified real estate attorney review your contracts before you sign or close. The right review now can prevent a costly dispute later.]]>On Behalf of Korsinsky & Klein LLP<![CDATA[Learn more about asset transfers via trusts to avoid probate]]>https://www.kklawfirm.com/?p=531812026-04-14T12:06:15Z2026-04-14T12:06:15ZPlanning how your assets will be handled after your lifetime is an important step in protecting your family and ensuring your wishes are followed. Many people look for ways to simplify this process and reduce delays for their loved ones.
One effective approach is using trusts to transfer assets. Trusts can help move property outside the probate process, allowing for a smoother and more private transition of wealth.
Understanding how trusts work
A trust is a legal arrangement where a person transfers assets to be managed by another party for the benefit of chosen individuals. The person creating the trust sets clear instructions on how those assets should be handled.
Transferring assets into a trust
To avoid probate, assets must be properly transferred into the trust during your lifetime. This process is often referred to as funding the trust and common assets that can be transferred include real estate, bank accounts and investments.
Role of the trustee in asset management
The trustee is responsible for managing the assets according to the instructions in the trust document. This includes protecting the value of the assets and distributing them to beneficiaries when required. Choosing a reliable trustee is important because they will carry out your wishes and ensure the process runs smoothly after your lifetime.
Benefits of avoiding probate
Using a trust to transfer assets can reduce delays and administrative steps. Probate can take time and may involve public court proceedings, while trust-based transfers are often more private and efficient.This approach can also provide better control over how and when beneficiaries receive assets, which can be useful for long-term planning.
Keeping your trust updated
A trust should be reviewed regularly to ensure it reflects your current situation. Changes in assets, family structure or financial goals may require updates.Transferring assets through a trust can be an effective way to avoid probate and simplify estate administration. Seeking professional legal guidance can help ensure your trust is structured correctly and aligned with your long-term plans.]]>On Behalf of Korsinsky & Klein LLP<![CDATA[Medicaid planning and the family home: what you should know]]>https://www.kklawfirm.com/?p=531792026-03-27T18:41:18Z2026-03-27T18:41:18ZFor many people, the family home represents more than just a financial asset. It holds years of memories and is still a place where multiple generations can gather.
For older couples, the family home is also one of their most significant assets and the centerpiece of their estate plan. And, like so many seniors, they worry about long-term care and losing their house to qualify for Medicaid.
Planning early matters
Medicaid planning can be complicated, particularly in a city where property values are high andlong-term care stays are expensive, with an average annual cost of over $100,000. To be eligible for Medicaid, an individual can’t have more than $33,038 in assets. Your primary home is typically considered to be an exempt asset when determining Medicaid eligibility, which means the value of your home isn’t a part of the asset limits. However, there are conditions tied to that exemption. The home must be your primary residence, and you must intend to return to it. If your spouse, a minor child or a child of any age who is blind or disabled lives in the house, it is automatically exempt.Still, while the home may be exempt during your lifetime, it may be a different story for your heirs. When a Medicaid recipient dies, the state may try to recover some of its costs through the Medicaid Estate Recovery Program. If the house is part of the estate at the time of death, New York may place a claim against it before it is transferred to heirs. Proceeds from the sale of the property would be used to repay the state. This can be a serious concern for families hoping to pass down the home to their children.Several strategies can help reduce the risk of losing the home to estate recovery, such as transferring it into an irrevocable trust or directly to the children. Both strategies have risks, including Medicaid’s five-year lookback period.You don’t want to wait until a health crisis occurs to beginMedicaid planning. By starting as soon as possible, you have more flexibility for securing access to long-term care benefits while protecting assets for your loved ones.
]]>On Behalf of Korsinsky & Klein LLP<![CDATA[Will the court appoint your named executor?]]>https://www.kklawfirm.com/?p=531772026-03-09T13:26:05Z2026-03-09T13:26:05ZNaming an executor is a critical part of estate planning. This party will manage the estate, pay debts and taxes, communicate with beneficiaries and distribute assets to beneficiaries based on your wishes. However, before they assume their duties when the time comes, the Surrogate's Court must first appoint them.
The court will consider several factors to determine if it will approve their nomination.
Understand the factors the court considers
When naming an executor, besides the qualities you will be looking for, you should also keep in mind what the court will consider. According to New York’s SCPA § 707 law, a person is ineligible to be a an executor if they:
Are under the age of 18
Are incompetent (Deemed incapable of managing their own affairs due to mental illness, age or other factors, usually requiring a guardian)
Are neither a U.S. citizen nor domiciled in the United States, except where specific legal requirements are met
Do not possess the qualifications required of a fiduciary because of substance abuse, dishonesty or a lack of mental capacity/cognitive ability to manage the affairs of an estate
The court may also consider other factors in its discretion. For instance, it can declare a nominated party ineligible if they are unable to read and write the English language. Or if they have a felony conviction for a crime that may be adverse to the welfare of the estate, such as embezzlement or a breach of fiduciary duty.It’s vital to ensure your primary and alternate executors can be appointed by the court to prevent delays during administration. Consider legal guidance to choose an eligible party. ]]>