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There are many misconceptions surrounding Medicaid long-term care. One persistent myth is that a couple will lose all of their assets if one of the spouses applies for Medicaid to pay for a nursing home.

Attorney Britt Burner discusses the anatomy of trusts, the types of trusts used in Estate and Medicaid planning, and how they can benefit you and your loved ones.

A Last Will and Testament allows you to direct where your assets go at your death and who will be legally in charge of the estate. New York law sets forth specific requirements for a legally valid will. Failure to follow such requirements will result in the Surrogate鈥檚 Court rejecting the Will as invalid.

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.

Being a Trustee of a trust carries serious responsibilities and trustees are compensated for their time. Section 2309 of the New York Surrogate鈥檚 Court Procedure Act (鈥淪CPA鈥�) sets forth the computation of commissions payable to trustees.

An ownership interest in real property is a combination of a bundle of different rights, the rights to possession, use, transfer, encumber and exclude. A life estate is a type of joint ownership of real property with ownership 鈥渟plit鈥� between a present interest and a remainder interest.

Medicaid provides long term care coverage to eligible individuals who meet certain asset and income requirements. Many people do not realize that they can become eligible for Medicaid and preserve assets 鈥� even when their assets and income seem too high.

Some of you may be thinking, 鈥淚 signed my trust, now what?鈥澛� Now it is time to fund your trust鈥� you must put something in it!

Britt Burner, Esq. discusses the importance of Estate Planning documents, the process of probate, and common misconceptions in elder law.

The purpose of an Article 81 discovery and turnover proceeding is to recover assets taken from an incapacitated person. The threshold question in an Article 81 Guardianship is whether there is a need for a guardian.