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Estate Planning


Why You Should Use a Lawyer for Medicaid Planning
Many seniors and their families don't use a lawyer to plan for long-term care or Medicaid, often because they're afraid of the cost. But...

Salvatore Di Costanzo
What happens if I set up a Medicaid Trust and go into a nursing home within five years?
Unfortunately, we cannot control if and when we may fall ill but we can be proactive to protect our financial assets by planning early....

Salvatore Di Costanzo
What is the difference between a revocable trust and an irrevocable trust?
It is worth noting at the outset that there are many types of irrevocable trusts. I think it is safe to assume that when you reference...

Salvatore Di Costanzo


When Does My Child Need a Guardian?
A guardian is an individual (or sometimes an entity) appointed by the Court to handle the personal and/or financial affairs of a minor...

Salvatore Di Costanzo


The Federal & New York Estate Tax: Things to Look Out for Before Making Gifts
For 2017, the federal lifetime estate and gift tax exemption have increased to $5,490,000. This means that you can gift this amount over...

Salvatore Di Costanzo


The Beneficiary-Controlled Trust: Leaving Assets to Your Children the Proper Way
Leaving assets to your children gives rise to many considerations. For instance, if the child is a minor, you do not want assets passing...

Salvatore Di Costanzo
Medicaid Planning in Advance of Changes to the Healthcare System
With Congress about to break for a two week Spring recess, the repeal of Obamacare appears to have stalled and remains uncertain....

Salvatore Di Costanzo
My Friend Is An Attorney
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...

Salvatore Di Costanzo
New Law Favors Individuals with Disabilities and Special Needs
An integral part of our practice involves planning with the assets of individuals who are disabled or have special needs. These...

Salvatore Di Costanzo
Why It is Inadvisable to Transfer Your House to Your Children
At some point, most people experience that enlightening moment when they realize there is a risk of losing their assets if they fall ill...

Salvatore Di Costanzo
Medicaid Planning: The Difference Between the Look-Back Period and the Penalty Period
The look-back period is very different from the penalty period and as always the rules are different depending on whether you are seeking...

Salvatore Di Costanzo
The Intersection of IRAs and Long-Term Care
Second to the house, an individual retirement account (“IRA”) is usually the largest asset when looking into someone’s financial...

Salvatore Di Costanzo
Medicaid Planning - When is a Gift not a Gift?
If you are reading this article, it is likely that at some point in your lifetime you may have worked through the placement of a loved...

Salvatore Di Costanzo
Your Revocable Living Trust - Do You Know What It Says?
Estate planning documents need to be regularly reviewed. I often tell clients to review their estate plan every three to five years or...

Salvatore Di Costanzo
Lifting The Burden of Elder Care
If there is one unavoidable consequence of life and relationships, it is that our loved ones may fall ill at some point, whether it be a...

Salvatore Di Costanzo
Assessing Estate Planning and Elder Law Legal Capacity
Nearly every aspect of estate planning and elder law requires an attorney to assess a client’s legal capacity. As elder law attorneys, we...

Salvatore Di Costanzo
Elder Law Misconceptions - Don’t Believe Anything That You Hear
I recently entered the world of beekeeping. When contemplating this new hobby, I obviously vetted my ideas with friends and family (not...

Salvatore Di Costanzo
Do I Need a Will or Revocable Trust?
Many people are unsure as to whether a Last Will and Testament (“Will”) is sufficient to accomplish their estate planning goals and...

Salvatore Di Costanzo
Home Sweet Home
In Yorktown, NY and the surrounding community, I often see the homestead as the single most valuable asset of an estate. The “American...

Salvatore Di Costanzo
It’s Never Too Late
In a perfect world, everyone would craft an estate and elder care plan well in advance of having to implement it˗ but the world isn’t...

Salvatore Di Costanzo
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