Change is inevitable, and it comes in many shapes and sizes.  Death, disability, and divorce are three of the most common changes in life that can wreak havoc on an estate plan.  If your estate plan is not flexible, there could be unintended consequences.  With the increasing popularity of revocable trusts, whether drafted by attorneys…

While I cannot say whether there are mistakes in your estate planning documents, the wording of your document may be confusing to you as a non-attorney. Legal documents contain a great deal of legalese.  For purposes of this response, I am assuming that you are leaving all of your assets to your children.  First, it…

Co-authored by Joanna C. Feldman The truth is that very often, “elder law” attorney is a misnomer as it pertains to many of our clients.  For example, nearly everyone should have a comprehensive Power of Attorney. Some of our youngest clients have just become adults who come to us for a Power of Attorney before…

  I often review existing estate planning documents and in doing so, find that most estate plans consist of a living will and health care proxy which are advance directives dealing you’re your health care matters.  A health care proxy is a document that appoints another individual to make your medical decisions if you are…

This is a real fact pattern. I recently met with a family whose 86 year old Mother was admitted to a nursing home for dementia.  They sought my assistance in obtaining Medicaid eligibility to pay for the nursing home, which cost $15,000 per month.  Mother is still on Medicare which pays for the first 100…

At some point, most people experience that enlightening moment when they realize there is a risk of losing their assets if they fall ill and require long-term care. Some will contact an elder law attorney and receive sound advice; others will contact their friends and relatives, who after all, usually know more than most attorneys…

Estate planning documents need to be regularly reviewed. I often tell clients to review their estate plan every three to five years or upon the occurrence of a significant life event such as a birth, marriage, divorce or death. Documents should also be reviewed for changes in the law. One of the benefits to connecting…

As the parade route approached, I captured my first glimpse of the Grand Marshal. He was a 93 year-old seasoned World War II veteran who exuded confidence, honor and pride. Accomplished in ways that many of us will never experience; a true hero. It was Memorial Day 2016, and the Grand Marshal was my Uncle….

Online social media has become commonplace in our society. Simply consider that there are over 1.50 billion Facebook users. Providers such as Facebook, Twitter, Pinterest, Instagram, LinkedIn, Flickr and others offer a medium for socialization and to an equal extent, storage of personal data. For better or worse, digital media has replaced the traditional mailbox,…

The partners and staff of Maker, Fragale & Di Costanzo, LLP wish to congratulate Salvatore M. Di Costanzo on his selection by the rating service, Super Lawyers, for inclusion in its 2015 Super Lawyers – New York Metro Area as a leading elder law attorney in the Metro New York area.  Mr. Di Costanzo was recognized by Super Lawyers in…

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