Download a Free Guide to Medicaid’s Asset Transfer Rules:

This handy guide explains “countable assets” and “qualifying expenses” and also provides case studies as examples. Know who can give and receive and how.

medicaid planning
Plan Wisely

Lacking access to alternatives like long-term care insurance or Medicare, most people pay out of their own pockets for long-term care until they become eligible for Medicaid. Since few people have long-term care insurance or can
afford to pay the high cost of nursing home care out-of-pocket, most people eventually qualify for Medicaid. By default, it has become the primary source of
funding for nursing home care and the long-term care insurance of the middle class. Download the Free Guide by Clicking here. 

Be sure you plan accurately and wisely. Any errors can cause Medicaid to deny your claim, impose a penalty period–setting back your plans for you and your family, and cost you money. Let me know if you have any further questions. Our Free Medicaid Planning Consultation (a $450 value) ends 8/31/13.

Regards,

Brian

http://www.RaphanLaw.com

Question: “I want to revise my Will… but it was prepared by another attorney”

Last Will & TestamentMany of my clients come to me by referral from other clients and other lawyers. And, many have had another lawyer prepare their Will years ago. It is not necessary for you to contact that lawyer or law firm if you want to make a revision. Changes in marital status, relationships, tax laws, assets, relocation or simply having different feelings are all valid reasons for you to review your Will and make a change if you desire. Once done you’ll feel better knowing your wishes will be met. Our documents are drafted using effective, but simple non-legalease “mumbo jumbo”, so that you can understand what you are signing.

Additionally, if you are the executor named in a Will of a friend or loved one, which was prepared by another Law Firm, you do not have to use that Law Firm to assist you with the estate proceedings when that friend or loved one dies. Often that firm, or the attorney, will be a stranger to you, may be in another state, may not have a helpful personality, may be non-responsive, or just may no longer be a practicing law.

Feel free to give me a call or email me in either situation. As your attorney I can be helpful in consolidating and simplifying the legal process for you.

Brian A. Raphan

braphan@RaphanLaw.com
http://www.RaphanLaw.com

Why everyone needs a Will.

iStock_will

Not everyone has a Will. Here’s why everyone should:
If you die without a Will, the people who inherit may not be those you want to get your money or personal property when you die!  This could include remote relatives who you haven’t spoken to in years.  If the Public Administrator is appointed, they will auction or dispose of your intimate personal property.  If so, your family may never have an opportunity to receive, and pass on, irreplaceable items which may have been left to you.

If you die without a Will, your estate will pass under the laws of the State of NY.  Also, your estate may be handled by the Public Administrator, rather than a trusted person you select.  If so, your heirs may be required to partake in potentially lengthy and costly legal proceedings to prove their relationships before they can inherit.  The Court will also appoint a “Guardian” for “unknown” persons.  This Guardian, along with the Public Administrator, will get a fee from your estate!  If your heirs can not prove their relationship to the Court, your estate will be paid to the State of NY.

Having a Will can ensure those you select inherit from you, reduce expenses, and expedite handling of your estate.  It also allows you to nominate an Executor, who is the person who collects your assets and delivers them to your beneficiaries.  If you have the right Executor, your estate should move swiftly. Lastly, if you already have a Will and haven’t reviewed it in over two years, now’s the time to do so to ensure your current wishes are carried out.

-Brian A. Raphan, ESQ.