Law Offices of Roman Aminov

An unfortunate reality of life in this country is that a significant financial burden will almost always accompany a tragic medical diagnosis. Beyond the apparent worries about one’s own health and mortality, this leaves many ill Americans and those closest to them, concerned about what will happen to their medical debt when they pass away. Who will be responsible for unpaid bills? Exorbitant medical expenses are particularly true for cancer patients as cancer treatments are notoriously costly and often long-lasting. The fact that most cancer patients are saddled with significant out of pocket costs, often leading to considerable debt, means that they commonly leave behind medical debt when they die. Does this debt become the responsibility of their loved ones? The answer is usually NO! There are few exceptions, such as when their loved ones signed documents agreeing to pay or act as guarantors on the debt. However, the creditors can file a claim against the estate of the decedent. Generally, when a person dies, any outstanding debts they may have are paid out of their estate. Their estate consists of the things a person owned at the time of their death – their assets. They typically include things like bank accounts, cars, homes, and other possessions. When a person passes away, the executor or administrator of the estate (usually a family member) ensures that any outstanding debts are paid from the estate before any heirs are given their inheritance. Medical debt would be one such debt that must be paid from a deceased person’s estate before their heirs would be entitled to collect their share. In some cases, the debt may exceed the decedent’s estate value, which may leave no estate left for their heirs to inherit from. It is possible that a decedent may own certain types of property that may not be accessible to creditors. For example, if a husband and wife own property as tenants by the entirety and the spouse with the debt passes away, creditors cannot request payment from the surviving spouse. Tenancy by the entirety means that each spouse owns 100% of the property and, therefore, it cannot be used to satisfy the debts of only one spouse and will automatically pass to the survivor when the first of them dies. In most cases, the debts of only one spouse will not impact the assets of the other spouse. Therefore, if your spouse accrued credit card debt during their lifetime, only their assets will be available to satisfy that debt. However, in New York state, there are two exceptions to this general rule. The first is that the spouse accepted joint responsibility for the debt at some point. This is often seen on an admission agreement to a hospital or long-term care facility (which shouldn’t be signed without the guidance of an elder attorney). The second exception, which is often applied to medical debts, is called the “doctrine of necessaries,” which in essence means that married couples have a “joint obligation of support.” This means that debts accrued by one spouse for any of these necessities could become the responsibility of the other spouse after their death, and creditors may pursue payment from the assets of the surviving spouse if the estate of the deceased spouse is insufficient. When dealing with the debts of an estate, it is important to have the guidance of an experienced estate attorney near you. To discuss your situation during a free and confidential consultation, please call us at 347-766-2685. The Law Offices of Roman Aminov is an award winning probate attorney in New York City. Call us now at 347-766-2685 to discuss your options and prepare for legal needs. Main Office: Law Offices Of Roman Aminov 147-17 Union Turnpike, Flushing, NY 11367 (347) 766-2685 1600 Avenue M, Brooklyn, NY 11230, United States 147-17 Union Tpke, Queens, NY 11367, United States 260 Madison Ave STE 204, New York, NY 10016, United States 105 Maxess Rd, Melville, NY 11747, United States 54-14 74th St, Elmhurst, NY 11373, United States 35-37 36th St, Astoria, NY 11106, United States 2270 Grand Ave, Baldwin, NY 11510, United States 215-03 Jamaica Ave, Queens Village, NY 11428, United States 118-35 Queens Blvd #400, Forest Hills, NY 11375, United States The post Dealing with Medical Debts in New York After Death appeared first on . AMINOVLAW.COM Dealing with Medical Debts in New York After Death

Real property is a common estate asset. If you are the next of kin or proposed executor or administrator of a loved one’s estate, you may be charged with selling a parcel of real property. This article will give an overview of the process and propose a couple of ways to expedite it in order to save the estate time and money. It is not uncommon for beneficiaries of an estate to want a speedy sale of the real property. There are many reasons for this desire. Beneficiaries may want their money quickly or they may not want to continue paying maintenance, insurance, taxes, and utilities on the property. If the property was being rented, they may not want to deal with tenants. Furthermore, they may wish to avoid the liability that comes with owning real property, a co-op, or a condominium. Selling As Heirs-At-Law In some circumstances, if the decedent did not leave a will and all of the next of kin (known as distributees) consent, real property can be sold through affidavits of heirship without having to go through a court process. This method obviates the need for a filing in Surrogate’s court since, in New York, real property automatically vests in the distributees upon the death of the decedent. Despite this, not all buyers feel comfortable with affidavits of heirship and they, or their title companies, will require letters of administration. Selling as Executor or Administrator If the sale can not be done through an affidavit of heirship, a necessary step in getting an estate property sold is to have someone appointed by the court with the authority to sell the real property or co-op. If there is a will, that person is called the executor. If there is no will, they are called the administrator. Unfortunately, in many counties in New York, the appointment of such a fiduciary can take several months, even without complications. An experienced probate attorney can assist you in this process and help you avoid costly mistakes and delays. Expediting the Sale In some situations, you should not begin the sales process until you are formally appointed. In other cases, you can begin the process of marketing the property before being appointed by courts, so that when you receive your formal appointment, you can sell as quickly as possible. For those looking to be ready to sell as soon as the fiduciary is appointed, they should begin by establishing a relationship with a real estate broker who can market the property. Since this option is not available to all estates, always consult with your estate attorney before engaging a broker or entering into any agreements. Preparing for the Sale After you have entered into a contract of sale, but before closing, you will need to make sure that title to the property is clear. The buyer will hire a title company to make sure that there are no violations or liens against the property. If you wish to expedite the sale, don’t wait for any potential issues to be brought to your attention by the title company. You should conduct your own due diligence and seek to remedy any building violations, remove any liens against the property and evict any current tenants (you should note that evictions can take several months) well before the buyer’s title company issues their report. This can help to prevent closing delays. After the Sale After you have closed on the sale, you will still need to finalize the estate before issuing any checks to the estate’s beneficiaries. You will need to pay outstanding expenses, reimburse those expenses laid out by others, and file outstanding tax returns. If beneficiaries are anxious to receive their portion of the sales proceeds, it is possible to issue checks at closing as long as a final accounting has been prepared and signed off on by all parties. Most often, however, the buyer makes the sales proceeds payable to the estate which the fiduciary will place into an estate account and hold onto until the estate has been completely settled. It is always best to consult with your probate attorney before issuing any payments from the estate account. The Law Offices of Roman Aminov is an award winning probate attorney in New York City. Call us now at 347-766-2685 to discuss your options and prepare for legal needs. Main Office: Law Offices Of Roman Aminov 147-17 Union Turnpike, Flushing, NY 11367 (347) 766-2685 1600 Avenue M, Brooklyn, NY 11230, United States 147-17 Union Tpke, Queens, NY 11367, United States 260 Madison Ave STE 204, New York, NY 10016, United States 105 Maxess Rd, Melville, NY 11747, United States 54-14 74th St, Elmhurst, NY 11373, United States 35-37 36th St, Astoria, NY 11106, United States 2270 Grand Ave, Baldwin, NY 11510, United States 215-03 Jamaica Ave, Queens Village, NY 11428, United States 118-35 Queens Blvd #400, Forest Hills, NY 11375, United States The post How to Quickly Sell Real Property In An Estate appeared first on . AMINOVLAW.COM How to Quickly Sell Real Property In An Estate

Medicaid is a program that provides medical care coverage for low income individuals, children, pregnant women, seniors and the disabled. In addition, Medicaid also provides coverage for the elderly population residing in nursing homes and assisted living facilities as well as community based home care medical services. The Medicaid home care services program includes private duty nursing services, personal care services and assisted living services. While Medicaid has always been a resource based program, there was previously no look-back period for people who transferred their assets and applied for home care services the following month. With the new changes coming into effect on October 1, 2020, that will no longer be the case. Now, transfers made from a Medicaid applicant’s assets for less than fair market value, will be subject to a 30 month look-back period. This new 2.5 year look back is being implemented in effort to cut costs to New York’s Medicaid program. Just as with institutional (i.e. nursing home) Medicaid benefit applicants, where a 60 month look-back period is imposed, if any such transfers are made that do not qualify under an exemption (such as to a spouse), the applicant will be subject to a period of ineligibility for benefits. The exact numbers to calculate the ineligibility period are not yet available as of the time of writing this article, but assuming it follows institutional Medicaid eligibility penalty periods, an applicant will likely be ineligible for a period of one month for every $13,000 that they gave away. The newly imposed look-back is a significant departure from the way New York State has run its home care Medicaid program in the past. These are now all services which should be planned for even though it may not be possible to precisely anticipate when you may have a need for them. If you have not recently consulted with a New York elder law attorney, now is a great time to check back in with trusted counsel to make sure that you are taking the appropriate steps to secure your own Medicaid eligibility as planning for your future care needs has become increasingly important. Fortunately, the there will still be exempt transfers which will continue to apply to home-care applicants, even if they are made within the 30 month look-back period. For example, you may transfer excess resources to your spouse, to a disabled child, and applicants under age 65 may make transfers to a qualifying first party supplemental needs trust and become eligible for Medicaid home-care services the following month. Additionally, if steps have been taken far enough in advance, with the help of your elder law counsel, you may still be able to protect your important assets and preserve your Medicaid eligibility without taking advantage of one of the exempt transfer rules. The Law Offices of Roman Aminov is an award winning Medicaid law firm in NYC. Call us now at 347-766-2685 to discuss your options and prepare for your future needs. Corporate Office: Law Offices Of Roman Aminov 147-17 Union Turnpike, Flushing, NY 11367 (347) 766-2685 ATTORNEY ADVERTISING AMINOVLAW.COM NY Medicaid’s 2.5 Year (30 mo) Look-Back For Community Medicaid

When a client asks me if they can qualify for Medicaid in New York, I ask about their assets, income, living situation, and health. Some clients they may be able to qualify rather easily. Others may need to engage in some planning in order to qualify for Medicaid. Yet others automatically assume that they can not qualify for Medicaid and unnecessarily spend much of their own money on their medical care. This article explains the requirements necessary for qualifying for Medicaid and offers some basic Medicaid planning options. Other articles on our website deal with Medicaid planning options in more detail. If you are on Medicaid or thinking of applying for Medicaid, read our Medicaid asset protection article to learn how to protect your home and assets from liens and estate recovery from New York Medicaid. Be sure to read our Medicaid pooled income trust article to learn how to protect your income while receiving Medicaid. What is Medicaid? Medicaid is a joint program with New York State and the federal government for New Yorkers who can not afford to pay for medical care, home care, or nursing home care. There are two main types of Medicaid benefits, generally classified as Community Medicaid and Institutional Medicaid. Community Medicaid covers things such as doctors’ visits, medications, hospital inpatient and outpatient services, and care through home health agencies . Institutional Medicaid covers nursing home care. In order for a person to qualify for Medicaid, they have to be a resident of New York and meet certain financial guidelines. Medicaid’s Financial Guidelines Medicaid has different financial requirements based on an individual’s living situation, familial status, and health. All Medicaid recipients have to meet a certain income requirement, described below. Additionally, disabled individuals and those over 65 have to meet a resource requirement (i.e. there is limit on the amount of assets they may own). Here is a sampling of the financial requirements: A single person over the age of 65 can earn up to $875 per month and qualify for Medicaid without having to set up a pooled trust or enter into a “spend down” program. For seniors 65 and over, as well as certain disabled or blind people of any age, there is an additional resource test which needs to be met. For example, a single person can have up to $15,750 in resources and still qualify for Medicaid. A family of two can have up to $23,100. For non-disabled individuals under 65 who don’t receive nursing home care, there is no limit to the amount of assets they can own; Medicaid simply looks at their income. Resources include cash, savings, cash values of life insurance, stocks, bonds, and other property, liquid and non-liquid. IRAs, 401Ks, and other tax deferred investment accounts generally count as income, to the extent that the senior citizen is received the required minimum distribution (RMD). One car per household, regardless of value, will be excluded from the resource limit. A second car will be excluded from the resource limit if there is a medical need for it. In all scenarios, the more people in the household, the higher the income and resource levels will be. What if my income exceeds Medicaid thresholds? If someone is under 21, age 65 or older, certified blind or certified disabled, pregnant, or a parent of a child under age 21, they may be eligible for the Medicaid Excess Income program, better known as the Spend-down program. A client who falls into this classification, but who still has income over Medicaid’s allowance amount, is said to have “excess income.” If the client’s medical bills for that month exceed his “excess income”, Medicaid will pay their medical bills beyond the excess. Additionally, special needs and pooled income trusts can be utilized by disabled Medicaid recipients who would otherwise have to give their excess income to Medicaid. For example, if an individual receives Social Security, SSI, pension, or other income which exceeds $842 a month, he can place the excess income into a pooled income trust which would allow him to qualify for Medicaid while allowing the trust to use the remaining income to pay the individual’s bills such as rent. What if my resources exceed Medicaid thresholds? There are certain exemptions which allow a person in need of Medicaid to keep certain assets. The most important is the homestead exemption. An individual’s homestead is an exempt resource if it is “essential and appropriate to the needs of the household” and has equity up to $893,000. The equity limit does not apply if the spouse or the intended Medicaid beneficiary’s child who is under 21 or is blind or disabled, resides in the home. If the equity in the home is greater than this amount, a home equity loan or a reverse mortgage can be used to reduce the equity in the homestead. Additionally, the equity cap may be waived in the case of hardship. The homestead is only exempt if the owner or their spouse reside in the home, intends to return and no spouse, child under 21, or a child who is certified blind or certified disabled, or a dependent relative is living in the home. If the Medicaid beneficiary resides in a nursing home, the house is exempt as long as he has a subjective intent to return to the home. If there are additional assets, aside from the home, there are certain strategies Medicaid attorneys use to qualify a client for Medicaid. For example, to qualify for community Medicaid, one can give away his “excess” assets in one month and qualify for Medicaid the next month. Depending on his situation, one can give away his assets to his loved ones, including adult children, or place them into an irrevocable income only Medicaid trust, which is discussed here. Qualifying for institutional Medicaid is not as simple because Medicaid applies a 5 year look-back to all transfers made for less than their full value. This means that if you gift away your assets, even by using the annual $15,000 gift tax exclusion, Medicaid will count them as part of your resources for five years. Certain exceptions to the nursing home Medicaid five year look-back apply, including transfers of the homestead to a: spouse child who is blind, disabled or under the age of 21 sibling who has an equity interest in the home and who resided in the home for at least one year before the person was institutionalized; or child who resided in the home for at least two years before the person was institutionalized and provided care to maintain the person at home. In addition, if only one spouse needs Medicaid, he or she can transfer their assets to the non-Medicaid recipient spouse who can then sign a spousal refusal. This would allow the applicant to receive care, while the non applicant keeps the excess income and/or resources. This strategy has its own set of risks, not least of which is Medicaid’s right to sue the non applicant spouse. These strategies should be discussed with a Medicaid planning attorney The best advice an attorney can give a client who is interested in qualifying for institutional Medicaid is to plan at least 5 years in advance of needing it and to contact an experienced Medicaid attorney in order to do so. Feel free to contact Roman Aminov, a Queens Medicaid lawyer, to discuss any questions you may have on qualifying for Medicaid while preserving your assets by calling (347) 766-2685. *updated on 03/25/2020. This article was originally published in 2012 but has been updated to reflect 2018 income and asset guidelines. ATTORNEY ADVERTISING AMINOVLAW.COM New York City Medicaid Eligibility: Do You Qualify?

Living trusts are a much talked about topic in the field of estate planning, and for good reason. You may have heard financial planners or attorneys mention these trusts as a “must have” item in your planning portfolio but may be confused as to what a living trust really is, what it accomplishes, and most importantly, if you really need one. What Is A Trust? A trust is an arrangement in which one person, the trustee, holds legal title to the property of another person or group of people, the beneficiaries. Every trust must have at least a settlor, trustee, beneficiary, and the corpus which is the property placed into trust. A trust document sets out the rules that the trustee has to follow when managing, distributing, and generally overseeing the corpus. A living trust, also known as an inter vivos trust, is a trust which is set up by the settlor (person creating the arrangement and funding the trust) while he/she is still alive (as opposed to being created by a will at their death). How Does This Benefit Me? A. Reduces Cost: When a person passes away, assets titled in his/her name pass either under the will or by New York’s intestacy statute which dictates how assets are distributed if there is no will. Either process requires the intervention of the local Surrogate’s Court and, most likely, an attorney. A New York estate attorney will typically charge legal fees for the probate which is in addition to a percentage charged by the executor/administrator for marshaling and distributing the assets of the estate . With a revocable living trust, the property which is transferred to the trust passes outside of court and does not have to go through probate. The trustee can distribute the assets almost immediately without the need to get the court or an attorney involved. There is a slightly higher initial fee to set up and fund the trust, but it is usually a fraction of the cost of going through probate. B. Saves Time: By going through the judicial process of probate, the validity of your will is open to challenges by disinherited heirs and other interested parties. Intestate heirs, also known as distributees, can challenge the validity of a will if they stand to receive more money if there had not been a will at all. The probate/administration process can protract the transfer of assets by months in the best case scenario and years in the worst. This can delay getting your assets to those who need them and costs your estate unnecessary legal fees. Since a revocable living trust is not a public document and does not need to be filed with the court in order to distribute assets, there is less unnecessary delay in transferring the assets since the trust does not need to be probated. You will not have to waste time waiting to get letters testamentary appointing an executor since a successor trustee is appointed automatically by the trust. Additionally, while a living trust can be challenged, it is more difficult to do so than with a will. All this means that your final wishes will be executed as quickly as possible. C. Give You Control: Since a living trust will be prepared by you, typically in consultation with your estate attorney, you retain full control to specify what will happen to your assets when you pass away. You set the terms, pick the trustees, and direct them how/when to invest, manage, and distribute your assets. Best of all, you retain complete control of the property in the trust while you are alive by naming yourself as trustee. You can enjoy, manage, and sell the property as you would if it was owned in your name. Since the IRS deems living trusts to be grantor trusts, there is no need to obtain a separate tax ID number or file a separate return. Additionally, since the trust is revocable, you can change or even revoke the entire trust any time you wish. D. Disability Planning: Since the trust can provide for successor trustees in the event that you become disabled or incapacitated, living trusts are a great way to make sure that your finances will be taken care of even if you are not able to manage them. A more detailed article on the benefits of planning for incapacity with living trusts can be found here. Living trusts are powerful estate planning tools which deserve a serious look by anyone serious about saving their heirs time and money in the long run. Decisions on whether to invest in a revocable living trust are best made in consultation with a qualified New York estate planning lawyer who can sit down with you to evaluate your individual needs. For a free consultation to discuss your estate planning needs, contact the Law Offices of Roman Aminov at (347) 766-2685. *Updated on 03/25/2020 by Roman Aminov. The post Do You Need A Living Trust? appeared first on . AMINOVLAW.COM Should You Setup A Living Trust in New York?

When a person passes away leaving assets in their own name, their heirs generally have to go through probate or an administration proceeding to transfer those assets. Sometimes, however, the value of the assets is so small that it is not cost effective to bring these proceedings. In those cases, New York allows the heirs to bring a “small estate” or “voluntary administration” proceeding, regardless of whether the decedent left a will or not. Which Assets? Under Article 13 of the SCPA, small estate petitions can only be opened to administer personal property such as bank accounts. Consequently, if the decedent owned real property in his own name, a small estate will not allow his heirs to take control of the property, and a full administration or probate must be brought. It is important to note that jointly owned property, for example a marital home with a spouse, passes by operation of law and does not need to go through administration. Likewise, assets which the decedent owned in joint accounts or with beneficiary designations for others pass outside of the Surrogate Court and do not require court intervention. How Small is Small? Estates consisting of no more than $50,000 in personal assets can be administered by a voluntary administrator. This limit does not include the exempt property that EPTL 5-3.1 gives to the decedent’s spouse or children under 21, which we discussed in a previous article about New York’s intestacy laws. For estates larger than $50,000, either the will has to be probated or the estate has to be administered, and the estate will not qualify as a small estate. If during the course of the voluntary administration, the voluntary administrator discovers that the estate is larger than $50,000, he has to notify the court and petition to become the executor or administrator of the estate. Who Can Petition? If the decedent left a will, the named executor in the will has priority to serve. If the decedent died intestate (without a will), priority goes to the surviving spouse, then the children, then the parents. Procedures: To be appointed a voluntary administrator, the petitioner must file an “Affidavit in Relation to Settlement of Estate Under Article 13, SCPA” along with a death certificate in the Surrogate’s Court of county in which the decedent lived. The affidavit should list the specific assets with corresponding values which need to be administered. If the values are unknown, the court will allow the voluntary administrator permission to obtain that information and submit an amended affidavit at a later date with the accurate information. The petitioner must also bring in stamped envelope(s) addressed to the distributees (heirs) of the decedent which the court will use to send notices to those parties. A payment of $1.00 is also due upon filing the affidavit. After the court processes and approves the affidavit, they issue a certificate for each asset listed in the affidavit, which the voluntary administrator can use to collect the assets. The court also instructs the voluntary administrator to open an estate account into which the assets can be deposited and used to pay bills and expenses. An EIN number must be obtained from the IRS for the estate account. Funeral and legal bills incurred by the estate are first bills which are paid. After 7 months, and the payment or settlement of all debts of the estate, the remaining assets are distributed to the distributees as per EPTL 4-1.1. If you lost a loved one and are confused about the next steps in the process, contact our office for a free consultation with a New York estate attorney at 347-766-2685. The post New York Small Estates and Voluntary Administration appeared first on . AMINOVLAW.COM New York Small Estates and Voluntary Administration

Medicaid is both a federal and state program that will cover the cost of long-term care either at home or in a nursing home. However, only those that meet certain income and asset limits are eligible for Medicaid benefits. It is possible to become eligible by removing certain assets from your name, however, in the large majority of cases, if the transfer of assets is done within two and a half years (for home care) or five years (for nursing home care) of your Medicaid application, such transfers will cause you to be ineligible for a period of time, during which you must pay for the staggering costs of your own care. Because of the nature of the Medicaid application process and the “look back,” it is important to speak to an elder law attorney about your options well before you think you may require long-term care. One of the most powerful things you can do when planning for your future needs is to establish a Medicaid Asset Protection Trust. A Medicaid Asset Protection Trust (“MAPT”) is an important tool used by estate planning and elder law attorneys to assist their clients in qualifying for Medicaid while at the same time preserving a lifetime of work and asset accumulation. Assets placed in a MAPT will not count as assets for Medicaid eligibility purposes and Medicaid cannot seize the Trust’s assets so long as the Trust was created and funded for the appropriate time before your application for Medicaid. In many families, the home is their largest asset and it is also the simplest asset to transfer to a MAPT. By signing a new deed transferring ownership to the MAPT, you can preserve the value of your home in the event that either you or your spouse ever require care in a nursing home or from a home health aid. When you transfer ownership of your home to the MAPT you can retain the right to live in the house for your lifetime and you will retain any real estate tax exemptions you currently receive such as the Enhanced STAR benefit or the Veterans Real Estate Tax Exemption. Transferring your home to the Trust would not prevent you from downsizing in the future – the MAPT would simply sell your current home and purchase the new one – and therefore a future desire to move wouldn’t inhibit your ability to begin the process of long-term care planning. The MAPT is the preferred option of elder law attorneys when it comes to protecting the family home. Clients often ask if they can simply transfer the house directly to their child or children. While this can be done, there are inherent risks in this method including the fact that the home will be considered the child’s asset and would be subject to their own financial creditors or even at risk in the event of a child’s divorce from their spouse. Transferring the house directly to a family member will also typically result in the loss of your real estate tax exemptions and the loss of a step up in basis for your children, which can cost them tens, if not hundreds, of thousands of dollars in taxes. In addition to their home, clients can also consider transferring some of their investments into the MAPT. When transferring investment accounts, clients can continue to receive the income from the investments, but you will no longer be able to access the principal. Because the MAPT needs to be irrevocable to be effective, it is important to think closely about what and how much of your assets you place into the MAPT. It is often a balancing act between placing enough assets into the Trust so that you are protecting your hard earned funds, but at the same time retaining enough to comfortably enjoy your life. It is important to note that your qualified retirement accounts such as 401Ks and IRAs are not considered assets for Medicaid eligibility purposes and you do not need to think about transferring them to your MAPT. The MAPT has a significant advantage over outright transfers to family members in that when you place your assets in Trust, you may decide who your Trust beneficiaries are while you are alive and you may reserve the right to change those who will ultimately inherit the Trust assets upon your death. The Law Offices Of Roman Aminov Is a NYC & Queens Based Probate & Estate Planning Attorney That Has Been Recognized As an “AVVO Perfect 10 Superb Firm. Call us today at 347-766-2685 to discuss your long-term care planning needs. Law Offices Of Roman Aminov 1600 Avenue M, Brooklyn, NY 11230 (347) 766-2682 https://www.aminovlaw.com/ Law Offices Of Roman Aminov 147-17 Union Tpke, Queens, NY 11367 (347) 766-2685 https://www.aminovlaw.com/queens-ny-estate-lawyer Law Offices Of Roman Aminov 260 Madison Ave STE 204, New York, NY 10016 (212) 201-9299 https://www.aminovlaw.com/ Law Offices Of Roman Aminov 105 Maxess Rd, Melville, NY 11747 (631) 983-6070 https://www.aminovlaw.com/suffolk-county-ny/ Law Offices Of Roman Aminov 54-14 74th St, Elmhurst, NY 11373 (347) 384-6854 https://www.aminovlaw.com/an-elmhurst-ny-estate-lawyer/ Law Offices Of Roman Aminov 35-37 36th St, Astoria, NY 11106 (718) 971-9555 https://www.aminovlaw.com/astoria-ny-estate-lawyer/ Law Offices Of Roman Aminov 2270 Grand Ave, Baldwin, NY 11510 (516) 350-0555 https://www.aminovlaw.com/ Law Offices Of Roman Aminov 215-03 Jamaica Ave, Queens Village, NY 11428 (347) 384-6745 https://www.aminovlaw.com/queens-village/ Law Offices Of Roman Aminov 118-35 Queens Blvd #400, Forest Hills, NY 11375 (347) 694-8856 https://www.aminovlaw.com/forest-hills-ny-estate-lawyer/ The post Medicaid Asset Protection Trusts (MAPTs) in New York appeared first on Estate Planning, Probate & Elder Lawyer. 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When a person dies in New York State without a Last Will and Testament, New York’s intestacy law, found in EPTL 4-1.1, governs who is entitled to receive the decedent’s property (otherwise known as their estate). The New York Estates Powers and Trust law provides an order of priority in which the decedent’s relatives may inherit their estate. If a person passes away with no spouse, children, grandchildren, parents, siblings, nieces or nephews or grandparents, this is where things can get complicated and often quite interesting. In such cases it is the issue (or descendants) of the decedent’s grandparents who become entitled to inherit. This may be aunts and uncles, but is more likely to consist of cousins, which is why kinship proceedings are sometimes referred to as Cousins Cases. When cousins are the closest of kin, a kinship proceeding is necessary to determine who the rightful heirs really are. Before the Surrogate’s Court can allow the estate’s fiduciary to distribute the decedent’s estate, it must be made clear that the claimants or alleged heirs are actually those entitled to inherit. In a kinship proceeding, the burden of proof is placed on the claimant – the person claiming to be the decedent’s legal heir. They must prove that they are the estate’s rightful distributee by a legal standard called a preponderance of the evidence. A kinship hearing will be held as part of the proceeding, and it is conducted largely like a non-jury trial. The claimant will gather proof of their blood relationship to the decedent through records, documentation and statements from disinterested witnesses. These records will include birth certificates, marriage certificates, death certificates, census records, immigration records, church records, court records and military records. A disinterested witness is someone who knew the decedent and thus has knowledge of their family but is not entitled to inherit. This may be a more distant family member, a person related by marriage, or a longtime friend or neighbor. Their testimony may be used to strengthen the claimant’s case when combined with documentary evidence. A successful kinship claimant will also likely have hired a genealogist to track down the necessary records that allow the claimant to show that they are the closest living relative (or among a class of the closest living relatives) of the decedent. In addition to the claimant, the other parties to a kinship proceeding will include the estate’s fiduciary (the person handling the estate), which is often the Public Administrator, and a Guardian ad Litem who is appointed to represent the interests of unknown distributees who may not have knowledge of the proceeding or even of the decedent’s death. After the hearing is concluded, a report will be issued by the referee to the Surrogate’s Court judge who will either confirm it in whole or in part or reject it and order a new hearing. The Judge will then issue a binding order based on the feferee’s report and the report of the Guardian at Litem. An estate attorney with experience in kinship proceedings will provide a claimant with the greatest chance of success in proving their relationship to the decedent and their right to inherit from the estate. The burden of proof placed on claimants is high and competent counsel is essential. Call the Law Offices of Roman Aminov, P.C. for a free consultation to discuss your kinship matter. Main Office: Law Offices Of Roman Aminov 147-17 Union Turnpike, Flushing, NY 11367 (347) 766-2685 1600 Avenue M, Brooklyn, NY 11230, United States 147-17 Union Tpke, Queens, NY 11367, United States 260 Madison Ave STE 204, New York, NY 10016, United States 105 Maxess Rd, Melville, NY 11747, United States 54-14 74th St, Elmhurst, NY 11373, United States 35-37 36th St, Astoria, NY 11106, United States 2270 Grand Ave, Baldwin, NY 11510, United States 215-03 Jamaica Ave, Queens Village, NY 11428, United States 118-35 Queens Blvd #400, Forest Hills, NY 11375, United States The post Cousin Cases and NY Kinship Proceedings appeared first on . AMINOVLAW.COM Cousin Cases and NY Kinship Proceedings