3 Major Issues Senior Living Facilities Face
Many issues arise for senior living facilities. Solutions to these problems are consistently being discussed by the government and other stakeholders. However, many of these issues are difficult and costly to solve. For example, staffing and regulation of facilities are problems consistently faced by senior living. Fraud and abuse are also issues that seem to […]
Being a Caregiver For a Family Member With Alzheimer’s
In 2020, a significant portion of the American baby boomer generation has reached the age of 65 or older, which increases their risk for Alzheimer’s and other forms of dementia diseases. By the year 2030, the 65 plus age segment of the population will increase substantially, accounting for over 20 percent of the American people. […]
How an Elder law attorney Can Help You
Elder law encompasses a wide range of legal matters affecting an older or disabled person. An elder law attorney or certified elder law attorney (CELA) specializes as a legal advocate for aging adults and their loved ones Issues related to guardianship, retirement, health care including advance directives, long term care planning, Social Security, Medicare and […]
Medicaid Crisis Planning
Medicaid is both a joint state and federal program available to individuals who meet certain asset requirements that help them pay for long-term care (LTC) costs. Long-term care often creates devastating financial impacts on Americans, particularly the elderly, and for those family members who lose hours of income (and more) while providing care for their […]
Daniel R. Miller Named to Super Lawyers 2020 Rising Stars
Miller & Miller Law Group PLLC is pleased to announce that Daniel R. Miller has been named to the 2020 New York Metro Rising Stars List. To qualify, New York Metro Rising Stars must be 40 years old or younger or have been practicing for less than 10 years. Recipients represent the top 2.5% percent […]
What is an Ancillary Probate or Ancillary Administration Proceeding?
When a person passes away with real property in multiple states, an ancillary proceeding may be necessary. The primary probate proceeding (if the person passed away with a Last Will & Testament) or primary administration proceeding (if the person passed away without a Last Will & Testament) is commenced in the State and County where […]
Joint Ownership of Real Property- Different Ways Real Property can be Titled
Title to real property can be held in three different ways; tenants by the entirety, tenants in common, and joint tenants with rights of survivorship. Tenants by the entirety- the property is owned by a married couple. The deed will usually state the parties as husband wife. For example the deed would say “John Doe […]
What is a Testamentary Trust?
Simply put, a testamentary trust is a trust that is written into a Last Will & Testament. The trust does not come into existence until the Will is probated. Testamentary trusts can be created for a variety of reasons. Here are a few reasons a person might want to set up a testamentary trust in […]
Who may commence a Guardianship Proceeding?
If you are concerned that a loved one or family member can no longer take care of their finances or are unable to make safe medical decisions for themselves, a guardianship proceeding may need to be commenced. Who has the authority to commence a Guardianship proceeding? M.H.L. §81.06 lists specifically who may commence a guardianship […]
What is a Step-Up in Basis?
One of biggest gifts given to estate planners is given to us through the Internal Revenue code. IRC §1014 is the rule that says a beneficiary receives the basis of the decedent at the time of their death. Step up in basis is best explained through an example. Daredevil Dan Example #1: Daredevil Dan […]