Asset Management And Protection
Great Neck, NY
With the population of the United States consisting of more and more older adults, it’s important for them as well as their family members to think of what the future may hold regarding long-term care. However, many people put off this topic until the last minute, and that can lead to unfortunate results. In many cases, the elderly individual’s wishes may not be carried out to their satisfaction, and they may not have the financial arrangements in place that allow them to have the proper care they require later in life. To keep these situations from happening, many families now seek out the services of attorneys who specialize in elder law. If you or a family member are in need of these services, contacting a New York City elder law attorney may be necessary.
Reasons to Hire an Elder Law Attorney
To ensure all goes well later in life, there are several important reasons to retain the services of an elder law attorney. For example, if you are concerned about your current long-term care plan, or have yet to construct a plan, an elder law attorney can advise you on the various options. In addition to this, an attorney can also help lay out a plan to make sure your wishes are carried out if you become disabled or incapacitated later on, and helps you decide who will be in charge of your care if you are unable to care for yourself.
Long-Term Care Costs
Along with putting off planning ahead for long-term care, many people have little if any idea how much long-term care can cost. Unfortunately, it can be quite expensive. For example, living in a nursing home in New York can cost as much as $14,000 per month, while assisted-living facilities can cost up to $5,000 per month. If a person has not planned ahead for these costs, they will need to be paid out of a person’s savings, which for many families is simply not possible. Because of these potential scenarios, it’s imperative to work with a New York City elder law attorney to have a solid financial plan in place well ahead of these circumstances.
For many people, the best choice for long-term care costs involves setting up a Pooled Income Trust. Open to people of any age, it allows them to become financially eligible for insurance programs such as Medicaid, while at the same time preserving their monthly income in a trust to cover living expenses and other needs. By taking advantage of this option, a person can obtain Medicaid home care services for their long-term care needs, while continuing to have the money available to support themselves while at home. A variety of people can greatly benefit from establishing a pooled income trust, including recipients of personal injury settlements, elderly people who are ill and living at home, younger people who have special needs, and people who are applying for or already receiving government benefits.
When a person has to move into a nursing home, they are required to divest themselves of their assets in order to pay for their care. However, by placing their assets into an Irrevocable Trust, the assets can be protected from high nursing home bills. However, it’s important to remember that this type of transfer must be done at least five years before a person goes into a nursing home.
While thinking about the difficulties one may face as they age is difficult, failing to do so can lead to financial problems that can devastate an entire family. Rather than allow this to happen, it’s best to contact a New York Elder Law attorney as early as possible to make arrangements that will be satisfactory to everyone involved. By doing so, a family can gain peace of mind, knowing their financial and long-term care needs will be met.
An estate planning lawyer will prevent your money, capital, and business interests from going to probate court when you are gone. They will also draw up a will, trusts, and powers of attorney. Issues involving a second marriage, multiple businesses, multi-state and multi-nation real estate holdings, step children, problem children, charity bequests, IRAs and 401(k)s, and estate taxes can all be sorted through with the help of a qualified estate planning attorney.The rather delicate subject of incapacitation and end of life services can also be included in the estate plan. If you are stricken by an illness that prevents you from exercising executive functions, you can decide now who gets to make decisions concerning your health care, and who will make decisions concerning your businesses and assets.You have worked hard to establish solid companies and a stable family. You do not want it torn apart because of mistakes and neglect. Developing an estate plan is not something you can do on your own. Only a professional with deep insight into the law can help you draw up a plan that will actually withstand legal scrutiny. Working with an estate planning lawyer will allow you to leave the people who have come to depend on you with a clear and unambiguous document on which to build their own futures.
Without a clear, detailed, and irrefutable estate plan issues related to the control and ownership of your assets will be thrown into the courts. They will need to be adjudicated, and the result may be contrary to your intentions at best. At worst, it could plunge your enterprises into extreme chaos and lead to the unraveling of all that you spent your life putting together.
You may still be relatively young and vigorous, or you may be getting on in years and nearing retirement. No matter your age or physical condition, you never know when illness or accident might incapacitate or kill you. If you have accumulated the kinds of assets discussed above, then you should sit down with a lawyer and start developing an estate plan.
If you already have a lawyer that you consider a confidant, then you should speak with them about your desire to put an estate plan in place. Such legal documents should be drawn up by a specialist, and your family counsel can help you choose one.
Great Neck, NY
Mortality is a grim but stubborn fact of human life. You cannot live forever, and it is important to create a document, a plan, a set of instructions that distributes and disposes of your capital in the way that accords with your wishes. You do not have to be amongst the wealthiest class of persons to engage in estate planning. If you have accumulated capital, assets, and property that are of some value, and you wish different portions to go to particular family members, friends, and independent institutions, then you should start thinking specifically about who should get what.
It is especially urgent for individuals whose assets are considerable and connected in complex ways to develop an estate plan. If you have grown a family business into a multi-billion dollar global company, if you have shares, interests, and proprietary rights in a number of companies, if you own properties around the world and have tied them to different enterprises, then it is essential that you clarify who is to assume control and ownership when you are gone.
The livelihoods of hundreds or even thousands of people will depend on the soundness and transparency of your estate plan. You may have the utmost love and fondness for your spouse and your children. You may want to ensure that they are comfortable when you have passed on. However, the control and administration of any companies that you own or are connected is a different matter. It may be your wish that the people that you have worked with, trained up, and have the utmost confidence in be left with the sole responsibility of running businesses when you are gone.