516.694.1242  |  tekelder@drielder.com

 

1225 Franklin Avenue, Suite 325, Garden City, NY 11530

150 Broadhollow Road, Suite 205, Melville, NY 11747

 

Providing peace of mind for families for over 30 years.

Providing peace of mind for families for over 30 years.

AREAS OF PRACTICE

Powers of Attorney

 

If you become sick or disabled, either temporarily or permanently, who will make decisions for you and your family? Let us help you.

 

  • Appoint someone you trust to handle your affairs if you are unable.
  • Define their authority and the limits of the authority.
  • Give your loved ones the tools to help you when you cannot help yourself.

 

Remember all Power of Attorney documents do not offer the same protections and provisions. Make sure you understand the language in your document.

Health Care Proxies & Living Wills

 

Allows you to name someone you trust to make health care decisions should you lose the ability to make and communicate your own decisions. Specifies the type of medical and personal care you would want.

 

Don’t leave your loved ones guessing or powerless to make critical decisions, and don’t leave the door open for the state to determine your medical decisions for you.

Wills

 

A Will is a legal declaration by which you name one or more persons to manage your estate and provide for the distribution of your property at death. If you own assets in your name alone, they may pass from you to the people you love, as long as you leave a Will. Without a Will, your assets pass according to the State’s rules, also known as intestacy. (The courts decide)

 

Let us help you create a Will where you decide…

  • Who is in charge of your estate, not the courts.
  • Who gets what and you create the guidelines.
  • If you want to protect the assets for your children & beneficiaries.

Revocable Trusts

 

YOU keep control and access to all your assets during your life, and provide for the distribution of your assets to your beneficiaries at your death without the intervention of the courts. (Avoids Probate)

 

Let us help you create a trust that will allow you to…

  • Stay in control.
  • Avoid court intervention and Probate upon death.
  • Keep your affairs private and allow for quick distribution to beneficiaries.
  • Provide asset protection for your spouse and/or your beneficiaries after your death.
  • Prevent court control of your assets at incapacity.
  • Avoid guardianship issues.

Irrevocable & Asset Protection Trusts

 

Asset protection planning involves creating a plan in advance and making decisions today to protect yourself, your business, and assets. There are many changes in life that can cause you to lose your assets including loss due to lawsuits, nursing home care, divorce or family indiscretions, giving away assets to your children incorrectly, and potential creditors. If you do not plan now while you can, your assets accumulated through your lifetime of hard work, your savings, investments and retirement could easily be lost overnight. Let us help you protect your assets.

 

  • Is never too late!
  • Don’t give up control of the assets you are trying to protect. (You can maintain control!)
  • Debtor/Creditor law provides that whatever you can get, your creditors can get.
  • Starts “Medicaid Clock” running for look back and transfers.
  • Preserves your assets for you and those you love.

Probate & Estate Administration

 

We provide non-litigious representation of fiduciaries administering Estates to help simplify the process and work with the courts on your behalf. We allow you to focus on the loss of your loved one and taking care of your family while we do the legal work. Schedule your consultation to review your needs, concerns and answer your questions.

MEDICAID PLANNING

You don’t have to go broke to pay for a nursing home care, and there are many other options of care that are available with the assistance of Medicaid. Medicaid is a needs based program with specific income and resource requirements. We will help review your current qualification status and help create a plan that will allow you to be qualified for Medicaid in the shortest term possible, and help pay for your care.

 

You do not need to be poor to get Medicaid assistance paying for your care. Planning in advance will increase your opportunities. We will complete a comprehensive estate and long-term care planning evaluation that identifies the best planning strategies to pursue in order to meet your estate planning and long-term health care objectives. We examine all aspects of your financial well-being and summarize your unique situation, review the law, and recommend an estate & Medicaid plan uniquely tailored for you.

 

The complex and ever-evolving rules of Medicaid play an increasingly important role with respect to traditional estate planning concerns. Therefore, knowledge of the related laws is absolutely critical for a truly comprehensive estate or elder-care plan.

 

The impact that long term care costs can have on you and your family can no longer be ignored. Over 60% of individuals over the age 65 will spend some time in a nursing home. Consequently, many people will be forced with using the entire savings to cover the costs of long term care. The Medicaid program is our country’s largest health and long term care insurer, covering 1 in 6 Americans.

Did you know when planning for Medicaid…

 

  • Assets in a revocable living trust are not protected and must be used to pay for your care

  • If you transfer your home to your children, not only could it result in immediate ineligibility for Medicaid, but it could also, trigger a gift tax or result in your child’s wife or husband inheriting your home.

  • Giving your assets away means losing control. It’s not safe even if you trust someone.

  • There are asset protection trusts that permit you to keep control of your assets without the risk of losing them if long-term care is needed

  • You need to understand the difference between a 5 year look back and a penalty periods

  • It is never too late to protect your assets even if you are already in a nursing home

  •  A nursing home or hospital has no obligation to advise you how to protect your assets

516.694.1242  |  tekelder@drielder.com

 

1225 Franklin Avenue, Suite 325, Garden City, NY 11530

150 Broadhollow Road, Suite 205, Melville, NY 11747