Blog - Sheila Samuels Law

How to Handle Sibling Disputes Over a Power of Attorney
How to Handle Sibling Disputes Over a Power of Attorney

How to Handle Sibling Disputes Over a Power of Attorney

At our firm, a financial power of attorney is one of the most important estate planning documents we prepare for our clients. One of the most difficult decisions for our clients is naming an agent. For clients with multiple children, the task is even more daunting, especially when only one child is named as an agent in a power of attorney. A power of attorney allows someone to appoint another person -- an "attorney-in-fact" or “agent” -- to act in place of him or her -- [...]

By Sheila Samuels|2019-01-15T22:36:58+00:00December 6th, 2018|Estate Planning, Legal Documents|

Can Planning be Done After an Alzheimer or Dementia Diagnosis?
Can Planning be Done After an Alzheimer or Dementia Diagnosis?

Can Planning be Done After an Alzheimer or Dementia Diagnosis?

At our firm, we meet with many individuals who have been diagnosed with Alzheimer’s or dementia. One common misconception is having an Alzheimer or dementia diagnosis means that an individual does not have the mental capacity to make planning decisions. However, this is not necessarily true. Having Alzheimer’s disease or dementia does not automatically mean that you lack the mental capacity to make planning decisions, but you need to act quickly after diagnosis. In New York, the mental capacity required to execute planning documents varies [...]

By Sheila Samuels|2019-01-15T22:38:46+00:00October 18th, 2018|Estate Planning|

The Value of Using an Irrevocable Trust
The Value of Using an Irrevocable Trust

The Value of Using an Irrevocable Trust

When meeting with prospective clients who are interested in creating a comprehensive estate plan, we frequently discuss using an irrevocable trust. Initially, people often wonder about the value of using irrevocable trusts. Key benefits of using irrevocable trust are: Asset protection from future creditors of beneficiaries Preservation of step-up of basis upon death of the grantor Ability to select whether the grantor or the beneficiaries of the trust will be taxable as to trust income Ability to design who will receive the net distributable income [...]

By Sheila Samuels|2019-01-15T22:43:02+00:00October 17th, 2018|Estate Planning|

Are you prepared for End of Life Care Decisions?
Are you prepared for End of Life Care Decisions?

Are you prepared for End of Life Care Decisions?

Today let’s discuss end-of-life care decisions. I know that no one likes to think about death; however, having a plan in place for end-of-life care is an important part of each client’s estate plan. Many of our clients will ask, what exactly does end-of-life care mean? End-of-life care is designed to make a patient comfortable, physically and emotionally, at the end of their life. Caregivers are not usually focused on curing any illnesses, but rather carrying out the wishes of the patient when death is [...]

By Sheila Samuels|2019-01-15T22:44:52+00:00October 16th, 2018|Estate Planning|

This is National Estate Planning Awareness Week
This is National Estate Planning Awareness Week

This is National Estate Planning Awareness Week

Did you know this week is National Estate Planning Awareness Week? In 2008, Congress declared the third week in October as National Estate Planning Awareness Week to help the public understand what estate planning is and why it is such a vital component of financial wellness. This week is a great time to create an estate plan or have your existing estate planning documents reviewed and updated. In honor of National Estate Planning Awareness Week, the Samuels Law Firm will post answers to some frequently [...]

By Sheila Samuels|2019-01-15T22:45:45+00:00October 15th, 2018|Estate Planning|

R.E.S.P.E.C.T.
R.E.S.P.E.C.T.

R.E.S.P.E.C.T.

Shortly after Aretha Franklin passed, we learned that according to court documents, the legendary singer did not have a will when she died. Franklin, who died August 16, 2018, at age 76, left behind four sons, but no guidance on how to distribute her reported $80 million estate. According to The New York Times, her sons filed paperwork in Oakland County, Michigan, indicating that she died intestate -- that is, without a will. The sons nominated Franklin’s niece to serve as the personal representative of the [...]

By Sheila Samuels|2019-01-15T22:47:33+00:00September 8th, 2018|Estate Planning, Legal Documents|

Elder Care Financial Checklist
Elder Care Financial Checklist

Elder Care Financial Checklist

In our practice, it is common for adult children to contact our firm to discuss ways to assist their parents with the aging process. As parents age, it’s common for their adult children or loved ones to become concerned about their financial situation and long-term care. If adult children or other family members will be involved in their loved one’s long-term care, it is essential to have a financial plan in place in order to avoid unexpected or mounting expenses that can deplete their own [...]

By Sheila Samuels|2019-01-15T22:49:47+00:00July 30th, 2018|Elder Counsel|

The Guardianship System
The Guardianship System

The Guardianship System

On a recent episode of the HBO program, Last Week Tonight with John Oliver, the problems within the guardianship system were discussed. On the show, John Oliver provided a scary and funny explanation of how guardianship works, ending with a public service announcement by William Shatner, Lily Tomlin and other celebrities explaining steps you can take to avoid guardianship. The segment featured a guardianship case in Nevada where the appointed public guardian is accused of abusing her authority and is facing more than 200 charges. [...]

By Sheila Samuels|2019-01-15T22:50:16+00:00July 19th, 2018|Estate Planning, Long-Term Care|

Proving That a Transfer Was Not Made in Order to Qualify for Medicaid
Proving That a Transfer Was Not Made in Order to Qualify for Medicaid

Proving That a Transfer Was Not Made in Order to Qualify for Medicaid

When meeting with a prospective client or family who wants to learn more about applying for Medicaid to pay for nursing home care, one of the primary concerns is whether the prospective client has made any transfers within the last five years. Medicaid law imposes a penalty period if you transferred assets within five years of applying, but what if the transfers had nothing to do with Medicaid? It is difficult to do, but if you can prove you made the transfers for a purpose [...]

By Sheila Samuels|2019-01-15T22:56:16+00:00June 11th, 2018|Disability, Estate Planning|

May is National Elder Law Month
May is National Elder Law Month

May is National Elder Law Month

May is the start of National Elder Law Month! In 1963, President Kennedy declared May to be Senior Citizens Month to honor those who are 65 and older. Since then every President has proclaimed May to be a month to show support for older Americans. President Jimmy Carter changed the name in 1980 to Older Americans Month and the National Academy of Elder Law Attorneys supports this annual proclamation by declaring the month of May to be National Elder Law Month. Elder Law is defined [...]

By Sheila Samuels|2019-01-15T23:03:45+00:00May 4th, 2018|Elder Counsel, Long-Term Care|