The Difference Between a Living Will and a Last Will and Testament

estate planning lawyer Garden CityLiving Will

A living will is a medical directive outlining how a person wishes to be treated in the event that he or she becomes incapacitated and can no longer make decisions for themselves. A living will may address situations involving: Continue reading The Difference Between a Living Will and a Last Will and Testament

Executor Ineligibility

A testator has the ability to name anyone as executor of his or her estate. The executor is responsible for carrying out the administrative process of an estate and is not required to have prior experience or knowledge in the field. In New York State, the court usually honors the nomination of an executor selected by the testator unless there are grounds for disqualification. Continue reading Executor Ineligibility

What To Do If You Don’t Have The Original Last Will And Testament

New York probate lawyerProbate is the process in Surrogates Court where a Last Will and Testament is proved and accepted, an executor is appointed and all assets are distributed to the intended recipients as stated in the Will. Joint assets with a right of survivorship, life insurance policies or other assets that name a beneficiary are not probated. The probate process includes paying estate taxes, debts, taxes and administrative costs, as well as distributing assets to the intended beneficiaries. Continue reading What To Do If You Don’t Have The Original Last Will And Testament

Don’t Forget to Sign a Spousal Refusal

NY Medicaid planning lawyerTo be eligible for Medicaid, which is a need-based program, certain income and asset requirements must be met. Oftentimes, one spouse will require care in a skilled nursing facility, while the other spouse continues to reside in the community home. More often than not, the spouse residing in the community home depends largely on joint income and assets in order to continue to pay necessary expenses. For this reason, Medicaid provides certain spousal allowances, which allow the community spouse to retain his or her income plus the institutionalized spouse’s income up to a total of $3,022.50. Continue reading Don’t Forget to Sign a Spousal Refusal

NY ABLE Program

NY disability planning lawyerThe New York Achieving a Better Life Experience (NY ABLE) program is a savings plan for individuals with disabilities. The program allows those with disabilities to save money in their name without jeopardizing their benefits.
Continue reading NY ABLE Program

Guardianship Proceedings in New York State

Long Island guardianship lawyerNew York State offers two types of guardianship proceedings for adults:

  • Article 17-A guardianship under the Surrogate’s Court Procedure Act (SCPA)
  • Article 81 guardianship under the Mental Hygiene Law (MHL)

While both of these proceedings involve a court being petitioned to appoint a guardian to care for the needs and property of another, there are some differences. Continue reading Guardianship Proceedings in New York State

Distributing A Decedent’s Personal Property

estate plan lawyer Garden CityEstate assets are distributed in accordance with a decedent’s Last Will and Testament. Oftentimes, a Last Will and Testament will provide guidelines as to how a decedent’s personal property shall be distributed. However, there may still be personal property remaining that does not have specific instructions for its distribution. In regard to this remaining personal property, there are many ways to distribute a decedent’s personal items when there are no instructions available, though there are some general ways. Continue reading Distributing A Decedent’s Personal Property

Disinheriting A Child May Result in a Will Contest

A disinherited child has the right to contest a parent’s Will if he or she is disinherited, not named as a beneficiary or left with a disproportionate share. In accordance with the laws of estate administration, a disinherited child is allowed to contest a Will because he or she would have been entitled to a share of a parent’s estate if he or she had died without a Will. Continue reading Disinheriting A Child May Result in a Will Contest

Duties and Responsibilities of a Trustee

Garden City estate planning lawyerIt is important for a named trustee to understand his or her duties and responsibilities. A trustee is responsible for safeguarding the trust assets for the settlor and his or her beneficiaries. A trustee has a fiduciary responsibility, which holds an individual to a higher ethical standard. A trustee shall adhere to the trust documents in order to remain compliant with the settlor’s wishes. In addition, a trustee should be aware that the failure to follow the terms of a trust document could result in their discharge and the forfeiture of commissions. Continue reading Duties and Responsibilities of a Trustee

Compliance Is Key to Running a Successful Business in New York City

New York City business compliance lawyerA New York City hospitality owner should always remain compliant with both state and city regulations, otherwise he or she will be subject to hefty fines and penalties. In New York City, bars, restaurants, and nightclubs are the most likely to be subject to noise, food, or health code violations by agencies such as the Department of Health, Department of Buildings, FDNY, NYPD, NYS Liquor Authority, or even the Federal Alcohol Tobacco and Firearms Agency (ATF). Continue reading Compliance Is Key to Running a Successful Business in New York City

Blodnick Fazio & Associates
1325 Franklin Ave.
Suite 555
Garden City, New York 11530
Tel: (516) 280-7105
Fax: (516) 280-7102