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Medicaid Recertification: Why Legal Guidance Matters
Having an experienced elder law attorney overseeing the Medicaid application and recertification processes can better one鈥檚 chance of achieving and maintaining Medicaid eligibility.聽
Surrogate鈥檚 Court hears cases involving the affairs of decedents, the probate of wills, and the administration of estates. The Surrogate鈥檚 Court also handles certain types of guardianship petitions and adoptions.
Whenever a loved one passes, especially one that was depended on, it is often difficult for one to even consider the next steps, yet alone know what those steps are.
Not all estates require a probate or full administration proceeding in New York State. A small estate proceeding, also known as a Voluntary Administration, is a simplified聽Surrogate鈥檚 Court聽procedure. Voluntary Administration is available if the decedent died with or without a Will.
The legalities surrounding a Last Will and Testament stem from Roman times, when six witnesses affixed their personal seals to a Will. The Will was later validated by examining these seals to make sure they remained intact.
Pursuant to New York State law, you cannot completely disinherit a spouse. A surviving spouse at the time of a decedent鈥檚 death has a statutory right to inherit an 鈥渆lective share鈥� of the deceased spouse鈥檚 assets.
One of the most disruptive proposals put forth last year by Congress was the elimination of the tax-free basis step up at death. Luckily for many of our clients, the legislation was never enacted.
Passing away without a Will is known as dying 鈥渋ntestate.鈥� Many people mistakenly believe that if they die without a Will their assets go to the State.
Did you know that banks, insurance companies, corporations and courts are required by law to report dormant accounts to the New York State Comptroller? These organizations must attempt to notify you by mail and publish this information in newspapers.
The Build Back Better Act was passed by the House of Representatives on November 5, 2021 and is headed for the Senate. None of the major provisions that would have affected estate planning were included in the House version.
An executor is the individual appointed to administer someone鈥檚 Last Will and Testament. An executor of a New York estate is not expected to administer a decedent鈥檚 estate for free.
