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Estate Planning


Protecting Spouses of Medicaid Applicants: 2023 Guidelines
The Centers for Medicare & Medicaid Services (CMS) has released the 2023 federal guidelines for how much money the spouses of...

Salvatore Di Costanzo


Does Your Estate Require Liquidity?
Dear Mr. Di Costanzo: Why do I need a Will or Trust if all my accounts have designated beneficiaries? Beneficiary designations are...

Salvatore Di Costanzo


Your Power of Attorney Dies With You!
Dear Mr. Di Costanzo: Can I act under my father’s power of attorney after he dies? One of the most important estate planning documents...

Salvatore Di Costanzo


Significant Changes to the Power of Attorney Law
On December 15th, 2020, Governor Cuomo signed into law legislation substantially amending the New York General Obligations Law, which is...

Salvatore Di Costanzo


Dear Mr. Di Costanzo: Should I prepare an estate plan before I leave for college?
Congratulations to everyone headed off to college. My favorite Animal House quote is when Belushi says “seven years of college down the...

Salvatore Di Costanzo


Can my spouse access our jointly owned safe deposit box after my death?
Dear Mr. Di Costanzo: Can my spouse access our jointly owned safe deposit box after my death? It is common practice in New York for banks...

Salvatore Di Costanzo


Dear Mr. Di Costanzo: Am I responsible for my spouse’s nursing home costs?
Under New York State law, a spouse is considered a legally responsible relative which means that you are financially responsible for the...

Salvatore Di Costanzo


Using Trusts to Protect your Children
An inheritance can be easily dissipated if your child is a spendthrift, has bad habits or is involved with a divorce. A trust can ensure...

Salvatore Di Costanzo


Elder Law and Estate Planning: A Series of Defined Terms
As an elder law attorney, I am frequently asked questions, the answers of which have been taken for granted during the ordinary course of...

Salvatore Di Costanzo


Turkey, Football and Estate Planning
Traditionally, Thanksgiving is the holiday when the entire family, for better or worse, comes together. After the melatonin calms...

Salvatore Di Costanzo


Most Are Taking Social Security at the Wrong Time
A new report finds that almost no retirees are making financially optimal decisions about when to take Social Security and are losing out...

Salvatore Di Costanzo


What to Look for When Buying an Annuity
An annuity can be a useful tool for long-term care planning, but annuities are also complex financial products that are hard to...

Salvatore Di Costanzo


Using a Medicaid Trust Without Losing Control
Over the years, I have found that one of the biggest obstacles preventing clients from pulling the trigger on a Medicaid Trust is the...

Salvatore Di Costanzo


Are my estate planning documents valid if I move to another state?
If properly drafted and executed, certain New York estate planning documents, such as a Last Will and Testament (“Will”) or a trust...

Salvatore Di Costanzo


Should my college bound child have an estate plan?
It is never too early for an adult to implement an estate plan. The focus of a young adult, however, is much different than those of more...

Salvatore Di Costanzo


Estate Planning for Younger Families
If you were to review my client files over the last decade, you might be surprised to learn that estate plans for people younger than...

Salvatore Di Costanzo


If I update my Estate Planning Documents, may I destroy the previous versions?
While the drafting of new estate planning documents generally replaces previous versions, we generally advise our clients to preserve...

Salvatore Di Costanzo


5 Action Items After Completing your Estate Plan
You finally did it! You met with an elder law attorney to “put your affairs in order”. Like most people, however, you have done nothing...

Salvatore Di Costanzo


Why can't I just transfer my house to my kids to protect it?
Simply transferring your house to your children is the least favorable planning technique in an attorney’s arsenal. The optimal way to...

Salvatore Di Costanzo


The Perils and Pitfalls of Owning a Co-op
The Perils and Pitfalls of Owning a Co-op We have all heard a horror story or two about co-op ownership. These stories usually arise out...

Salvatore Di Costanzo
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