Nassau County, New York Elder Law Attorneys
Stefans Law Group, PC
Stefans Law Group, PC provides comprehensive Elder Law and Estate Planning services with a consistent and unyielding dedication to our families. We offer an array of services throughout Long Island, New York City, Syosset, Huntington, Dix Hills, and Deer Park, New York. We also have attorneys on staff who are fluent in Spanish.
We have assisted hundreds of individuals, families and retirees in the following practice areas:
- Elder Law & Asset Protection Planning
- Nursing Home Abuse and Neglect
- Estate Planning & Estate Tax Planning
- Special Needs Estate Planning
- Medicaid Planning and Applications
- Probate and Estate Administration
- Revocable Living Trusts
- Irrevocable Life Insurance Trusts
- Wills, Living Wills and Health Care Proxies
- Long Term Care Planning & Health Care Facilitation
- Income Tax Preparation
- Powers of Attorney
- Guardianship
- Elder Abuse and Negligence / Neglect
The attorneys at Stefans Law Group, PC have the credentials you have the right to expect;
- A focus on Elder Law and Estate Planning
- A depth of understanding of complex Accounting and Financial Planning issues
- Caring professionals who recognize human dimension in every legal decisions
- A solid educational background
- A record of success and impeccable integrity
Our attorneys are skilled in the tax implications of elder law decisions. Each has a solid background in accounting and finance, as well as a commitment to ensuring that each element of your financial, retirement and tax strategy fits seamlessly together.
As experienced Nassau and Suffolk County Elder Law Attorneys, we have assisted hundreds of individuals, families and retirees in Long Island, New York City and throughout the state. We use numerous tools to help clients meet their unique estate planning and elder law goals including, but not limited to:
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Living Trusts can be used to hold legal title to and provide a mechanism to manage your property. You can select a person or persons – even yourself – as the Trustee(s) to carry out the instructions in the Trust and name one or more Successor Trustees. Unlike a Will, a Trust usually becomes effective immediately, continues in force during your lifetime even in the event of your incapacity, and continues after your death. Most Trusts are revocable which allows the person who creates the Trust to make future changes, modifications and even to terminate it. Trusts also help you avoid or minimize the expenses, delays and publicity of probate, if your assets are properly titled.
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Wills, sometimes called a Last Will and Testament, transfer property you hold in your name to the person(s) and/or organization(s) you want to receive it. A Will also typically names someone you select to be your Personal Representative (Executor) to carry out your instructions and names a Guardian if you have minor children. A Will only becomes effective upon your death, and after it is admitted to probate. Assets or property passing under a Will must go through Probate.
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Durable Powers of Attorney for Health Care appoints a person you designate to make decisions regarding your health care treatment in the event that you are unable to provide informed consent.
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Living Will is an Advanced Directive which gives doctors and hospitals your instructions regarding the nature and extent of the care you want should you suffer a terminal, an incurable condition or persistent vegetative state.
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Probate/Estate Administration services provides legal guidance after a family member has passed away. We handle probate and administration proceedings, estate taxes and estate accountings. When probate is contested, we can handle the resulting litigation as well. We will make sure that your rights are represented in probate court to the maximum extent.
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A Durable Power of Attorney for Property and financial matters, appoints a person that you designate to act for you and handle financial matters should you be unable or perhaps unavailable to do so.
- Family Limited Partnerships can be used to own and manage your property, in a similar manner to a Trust, but allowing additional tax planning techniques to be employed. Family Limited Partnerships are typically used for those who have large estates and thus have a need for specialized estate planning in order to minimize taxes as well as provide asset protection.
One of the most serious problems that the elderly face is the possibility that they may be placed in a nursing home at a cost that will substantially deplete their assets. A major part of our practice is to legally protect assets and obtain financial assistance you may be legally entitled to.
Credit shelter trusts, irrevocable life insurance trusts and supplemental needs trusts can be important tools in these situations. As skilled Nassau County Elder Law Attorneys, we will assist you in limiting these periods of ineligibility as much as possible. By the use of certain transfers, we are able to qualify clients for Medicaid nursing home and Medicaid home care coverage, thereby preserving assets and obtaining necessary care for our clients.
With new laws being passed on a regular basis, the guidance of an experienced elder law attorney is critical in assuring that your unique goals are understood and carried out. Creating a plan which protects your assets from future, unforeseen creditors, creating an appropriate distribution plan, minimizing the costs and disruptions of becoming incapacitated and minimizing taxes are important elements in preserving the integrity of your estate and ensuring your retirement years are truly golden.
If you or someone you know in Long Island or New York City needs the assistance of an experienced Nassau County Elder Law Attorney, call Stefans Law Group, PC today at 866-637-3224, or complete the contact form provided on this site to schedule your free consultation.
Practice Areas and Legal Definitions
Elder Law:
Aging clients and their families face troubling issues when confronted with the possibility of financing long-term care for themselves or for their loved one. As people live longer and longer due to overall advances in medicine, the likelihood that a family member will require nursing home care or significant and costly assistance at home increases. And once in a nursing home, people tend to live much longer than they did in the past.
Unfortunately, payment for nursing home care is not part of Medicare's basic entitlement package. If one needs nursing home care, one either has to pay for this cost oneself (privately or with long term care insurance), or qualify for Medicaid.
Medicare's nursing home benefit is limited in duration and amount, and covers only skilled care, and then only after hospitalization. Medicare does not cover custodial or residential care. Medicaid, on the other hand, is a welfare program for health care expenses that does cover nursing home custodial and/or residential care. To be eligible for Medicaid benefits the patient (and spouse, if any) must meet three conditions: one of wealth or resources, one of income, and one of need for assistance. The value of the patient’s countable assets cannot exceed $2,000.
If the patient’s spouse is also seeking Medicaid benefits, the value of their combined or total countable assets cannot exceed $3,000. But if living in the community, the spouse may retain countable assets worth slightly over $100,000. The patient’s monthly income must not exceed approximately $5,000 (or approximately $1,800 to be eligible for at-home help). The income of the community spouse, however, is not a limiting factor and is not taken into account in the patient’s eligibility determination.
Medicaid has additional rules penalizing the transfer (or giving away) of assets, and rules under which Medicaid may seek to be reimbursed for benefits paid after the patient dies. One of the available mechanisms is to impose a lien on the patient’s residence during the patient’s lifetime. Another is to assert a claim for reimbursement against the estate of a patient when the patient dies. Therefore, without planning, a family can face financial devastation in the event of nursing home placement. There may be insufficient funds for the community spouse or the inheritance intended to be left behind can be consumed and, even worse, a disabled dependent child can be left without supplementary support.
Fortunately, all is not bleak. Elder law attorneys can help elderly clients and their families avoid some or all of the devastation through application of techniques found in the Medicaid Statutes and Regulations. In short, within the rules, sophisticated planning strategies can be employed and the proper use of these strategies can help preserve precious resources for the community spouse and future generations.
Nursing Home Abuse & Neglect:
Americans are living longer than ever before. The fastest growing segment in the United States is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse is being reported. Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores and lack of nutrition with weight loss.
Estate Planning:
Estate planning is a process to consider alternatives for, to think through, and to set up legally effective arrangements that would meet your specific wishes if something happens to you or those you care about. Good estate planning is more than just a simple Will. Estate planning also typically minimizes potential taxes and fees, and sets up contingency planning to make sure your wishes regarding health care treatment are followed. On the financial side, a good estate plan coordinates what would happen with your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and other property in the event you became disabled or if you die. On the personal side, a good estate plan includes directions to carry out your wishes regarding health care matters, so that if you ever are unable to give the directions yourself, someone you select would do that for you.
Estate Taxes:
Federal Estate Taxes are only charged against Estates with assets exceeding $2 million in value in 2006 through 2008 (4 million if you are married); 3.5 million in 2009 (7 million if you are married) and then in 2010 there is no federal estate tax. However in 2011 the Federal Estate Tax is returned to the 2002 level of $1 million.
Wills:
A Will is a written instrument containing directions for how the property of the person making the Will (called the testator) shall be divided on his or her death. State law generally requires that the Will be signed by the testator and by at least two witnesses who have no interest in the property passing under it. The testator must state in the presence of the witnesses that the instrument is his or her Will. He or she must also be competent (not insane, senile or mentally disabled) and not acting under duress or under the controlling influence of any person. A signed instrument purporting to be someone’s Will is not officially recognized until the court having jurisdiction over the instrument declares it to be a valid Will after examining it and the circumstances surrounding its execution. The process by which a court determines whether a Will is valid is known as probate.
Family Trusts:
A trust is a fictitious legal entity that owns assets for the benefit of a third person (beneficiary). The Grantor of the Trust is the person who set up and gave money to the Trust. The Trustee of the Trust is the person charged with keeping the assets safe, invested properly, and finally distributed to the Beneficiary at the proper time. The Grantor can pretty much decide how the money must be kept (in interest bearing accounts, in real estate, or only in government insured FDIC accounts, etc.), and when it may be distributed (when the beneficiary is 18 years old; or one half when the beneficiary turns 18 and the other one half when the beneficiary turns 21, etc.). The Grantor of the Trust can also be the Trustee of the Trust, if the Grantor decides to set the Trust up in such a manner (e.g., Grantor sets him/herself up to be the Trustee of a Trust for his/her child).
Advanced Directives for Medical Treatment:
An advanced directive is a document which allows you to express whether or not you wish to be given life-sustaining treatments in the event you are terminally ill or injured, to decide in advance whether you wish to be provided food and water via intravenous devices ("tube feeding"), and to give other medical directions that impact the end of life. It can also express your preferences as to treatment using life-sustaining equipment and/or tube feeding for medical conditions that leave you permanently unconscious and without detectable brain activity. This is a very important aspect of planning that can ease the anxiety and burdens on your family if something happens to you, as they will not have the anxiety of wondering what actions you would want them to take and they will not need to argue themselves amongst themselves about your medical decisions.
Powers of Attorney:
Powers of Attorney are governed by the law of agency, a branch of common law concerned with the delegation of power from one person, generally called the principal, to another, called an attorney-at-fact or agent. When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent and make legal decisions that the person would have to take. One of the ways to avoid government or court intervention, and the appointment of a stranger to act as your guardian, is to use a Power of Attorney. A Power of Attorney is a written document stating that one person gives to another the full power and authority to represent him or her. It must be signed by both the attorney and the principal, witnessed by two people and notarized.
Final Arrangements:
It is a way to express your death and burial preferences in writing. What you choose to include in your final arrangements document is a personal matter. A typical final arrangements document may include:
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The name of the mortuary or funeral home that will handle burial or cremation
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How your remains will be transported to the cemetery/memorial park and gravesite
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Whether or not you want to be embalmed
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Details of any ceremony you want before the burial or cremation
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Who your pallbearers will be (if you want any)
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Type of casket or container in which your remains will be buried or cremated, including whether you want it present at any after-death ceremony
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Details of any marker you want to show where your remains are buried or interred
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Where your remains will be buried, stored or scattered
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Details of any ceremony you want to accompany your burial, interment or scattering.
If you or someone you know in Long Island or New York City needs the assistance of an experienced Nassau County Elder Law Attorney, call Stefans Law Group, PC today at 866-637-3224, or complete the contact form provided on this site to schedule your free consultation.
- What are Estate (Death) Taxes?
- What about Health Care Provisions and Powers of Attorney?
- How does a trust work?
- What is the difference between a Revocable Trust and an Irrevocable Trust?
- What types of Wills are available?
- What is estate planning?
- What is a Power of Attorney?
- What is a Durable Power of Attorney?
What are Estate (Death) Taxes?
Estate tax may apply to your taxable estate at your death. Your taxable estate is your gross estate minus allowable deductions. Your gross estate includes the value of all property in which you had an interest at the time of death, and will also include the following:
- Life insurance proceeds payable to your estate or, if you owned the policy, to your heirs
- The value of certain annuities payable to your estate or your heirs
- The value of certain property you transferred within 3 years before your death
- Trusts or other interests established by you or others in which you have certain powers
The allowable deductions used in determining your taxable estate include:
- Funeral expenses paid out of your estate
- Debts you owed at the time of death
- The marital deduction--generally, the value of the property that passes from your estate to your surviving spouse
What about Health Care Provisions and Powers of Attorney?
The State of Kansas extends the delegation of decision-making power to cover health care issues, including the withholding or withdrawal of life support treatment, by means of a Power of Attorney for health care. This Power of Attorney gives you the right to designate an agent who can make treatment decisions for you in instances where communication is impossible because of your medical condition.
In addition to health care considerations, it is also important to have a power of attorney available to handle various legal and financial matters in the event you become mentally incompetent. For example, a surviving spouse can be given a Power of Attorney to handle an incompetent spouse's salary checks and Social Security benefits.
How does a trust work?
Trusts are the process by which the grantor transfers legal ownership to a person or institution (the trustee) to manage the property for the benefit of another person (the beneficiary).
Trusts create a fiduciary relationship between the trustee and the beneficiary. The trustee must act solely in the best interests of the beneficiary when dealing with the trust property, and the trustee is legally accountable to the beneficiary for any damage to his or her interests. The grantor may act as the trustee him- or herself (retaining ownership instead of transferring the property, and may also name him- or herself as one of the beneficiaries of the trust.
What is the difference between a Revocable Trust and an Irrevocable Trust?
A Revocable Trust is where the Grantor can change the terms of the Trust or even revoke the Trust altogether and take back all of the assets in the Trust. An Irrevocable Trust is where the terms of the Trust cannot be changed (i.e., the beneficiary cannot be changed), and that whatever assets are placed in that Trust cannot be withdrawn by the Grantor.
What types of Wills are available?
There are many types of Wills:
- A Double Will is one in which two people join together, leaving their individually-owned property and estate(s) to the other. This type of Will is also called a Counter Will, Joint and Mutual Will, or Reciprocal Will.
- Holographic Wills are entirely handwritten, dated, and signed by the testator.
- A Living Will, Medical Directive or Health Care Directive is one that authorizes the continuance or cessation of life-sustaining medical treatments from an individual who is incapable of making that decision due to debilitating circumstances.
What is estate planning?
Estate planning is a process to consider alternatives for, to think through, and to set up legally effective arrangements that would meet your specific wishes if something happens to you or those you care about. Good estate planning is more than just a simple Will. Estate planning also typically minimizes potential taxes and fees, and sets up contingency planning to make sure your wishes regarding health care treatment are followed. On the financial side, a good estate plan coordinates what would happen with your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and other property in the event you became disabled or if you die. On the personal side, a good estate plan includes directions to carry out your wishes regarding health care matters, so that if you ever are unable to give the directions yourself, someone you select would do that for you, and know when you would want them to authorize heroic measures and when you would prefer they pull the plug.
What is a Power of Attorney?
Powers of Attorney are governed by the law of agency, a branch of common law concerned with the delegation of power from one person, generally called the principal, to another, called an attorney-at-fact or agent.
When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent and make legal decisions that the person would have to take. One of the ways to avoid government or court intervention, and the appointment of a stranger to act as your guardian, is to use a Power of Attorney. A Power of Attorney is a written document stating that one person gives to another the full power and authority to represent him or her. It must be signed by both the attorney and the principal, witnessed by two people and notarized.
What is a Durable Power of Attorney?
A durable power of attorney is a form of agency. The person who gives the power is the principal, and the person who receives the power is the attorney-in-fact or agent. Durable in this context means that the agent`s power will survive the principal's incapacity or disability. As a result, a Durable Power of Attorney can be used as an alternative to guardianship in some states under certain circumstances, provided the principal executed the document before losing capacity. There are two types of Durable Power of Attorney: Financial Durable Power of Attorney and Healthcare Power of Attorney. The difference between the two is the authority granted to the agent, as described below:
The Financial Durable Power of Attorney is also known as a General Durable Power of Attorney. The agent`s authority to act for the principal under a Financial Durable Power of Attorney is based on the powers that the principal gives to the agent. Whether broad, general powers or limited, the specific powers given to the agent are completely determined by the principal. Among other things, the principal may delegate to the agent in the Financial Durable Power of Attorney the authority to make deposits and withdrawals from his/her checking account, to file his/her tax returns, and to sell his/her home. However, there are a few powers that the principal may not delegate. For example, the agent cannot prepare a Will, vote, or seek a divorce on the principal`s behalf. If the agent has a financial interest in the subject matter of the power of attorney, the power is generally irrevocable. Most senior citizens who execute Durable Powers of Attorney are getting assistance with their day to day personal affairs and their agents do not have an ownership interest in the senior`s property which would preclude revocation. In addition, revocation can be by implication, in addition to, destruction of the document or express revocation by the principal.
A Healthcare Power of Attorney specifically grants authority to the agent to make decisions about and relating to medical treatment. For example, the agent may consent to treatment, refuse to consent to treatment, or withdraw consent to treatment. In addition to these decisions directly about medical treatment, the agent may make all arrangements at any hospital or nursing care facility, employ or discharge care personnel, request, receive, and review any information about the personal affairs or physical or mental health of the principal. In preparing a Financial or Healthcare Durable Power of Attorney, the principal must sign the document in the presence of two qualified witnesses, and it must be notarized. As laws vary from state to state, it would be in your best interest to consult an Estate Planning attorney in your area if you want more information about Powers of Attorneys.
If you or someone you know in Long Island or New York City needs the assistance of an experienced Nassau County Elder Law Attorney, call Stefans Law Group, PC today at 866-637-3224, or complete the contact form provided on this site to schedule your free consultation.
MEMBERS OF THE FIRM:
DONNA M. STEFANS (Lead Attorney)
EDUCATION:
- B.S., Finance, University of Scranton
- J.D., Touro Law School, 1999
JURISDICTIONS:
- New York
- Florida
PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:
- Founding member of firm, 2000
- National Academy of Elder Law Attorneys (NAELA)
- Columbian Lawyers Association
- Suffolk County Women's Bar Association
- Nassau and Suffolk County Bar Associations
- AARP Legal Services Provider
- Elder Law Committee Member NYSBA
- Financial Planning Committe NAELA
DAVID W. HABER (Trial Attorney)
EDUCATION:
- Long Island University, C.W. Post College, 1995
- Hofstra University School of Law, 1998
JURISDICTIONS:
- New York
EXPERIENCE:
- Former Assistant District Attorney
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Huntington Lawyer Group
ELIZABETH LAMBERT GULLO (Associate)
EDUCATION:
- Law School: Jacob D. Fuchsberg, Touro Law Center, J.D., 2008
- College: St. Johns University, B.A., Psychology and Sociology 1983
MEMBER:
- National Academy of Elder Law Attorneys
- Nassau County, Suffolk County and American Bar Associations
LANGUAGES:
- Spanish
- English
If you or someone you know in Long Island or New York City needs the assistance of an experienced Nassau County Elder Law Attorney, call Stefans Law Group, PC today at 866-637-3224, or complete the contact form provided on this site to schedule your free consultation.
Additional Questions or need further information?
