Law Offices of Christina Sammartino PLLC

Understanding Medicare and Medicaid with Legal Help

Sat, 25 Nov 2023 12:00:00 GMT

Medicare and Medicaid are very different medical insurance programs. The words are not interchangeable, yet you might hear people make that mistake and talk about them as though they are. If you attempted to apply for one program and failed, there’s a good chance that you either applied to the wrong program or you didn’t qualify. A lawyer can help.

Medicare

Medicare is the government-sponsored health insurance program for elderly and disabled people. Retirees that have reached the right age required can also buy into Medicare. You do have to pay a monthly amount to have Medicare coverage, but it’s usually not as expensive as a single prescription medication. If you take a lot of different medications as an elderly or disabled person, then Medicare Part D for drug coverage is a lifesaver. Medicare does not cover long-term care.

Medicaid

Medicaid in 49 of 50 states is the state-sponsored medical insurance for low-income and no income individuals. In some states it also covers children to a certain age at zero cost to low-income families. For children with disabilities, this state insurance program covers them until age 18 free of charge or with reduced monthly charges. There are other state programs that rely on Medicaid funds to help provide long-term care for those that qualify. This includes nursing and assisted living homes.

Why You May Not Have Qualified

Age requirements for each of these programs is very specific. If you don’t fit the age requirement, that might have been the problem. If you don’t fall within income guidelines, that might also have been the problem. Having a documented disability and considered disabled by Social Security standards may dictate your qualification too. Lastly, another barrier to state Medicaid is having previous coverage that ended. States often make you wait up to three months after losing medical insurance from employment.

How a Lawyer Can Help

A lawyer can show that you cannot be without insurance. Undue financial hardship due to medical bills and medication or medical equipment is key. The lawyer can argue that you need the insurance sooner or that you need it cover extensive medical bills.

The post Medicare and Medicaid Are Two Different Things: An Attorney Can Help You Qualify for Each Type appeared first on Law Offices of Christina Sammartino PLLC .

Estate Lawyers Help, Even If You Own Just a Few Assets

Mon, 20 Nov 2023 16:26:00 GMT

You might be thinking that just because you don’t own a lot of things of value you don’t need to speak to an estate attorney just yet. The opposite is true. If you aren’t speaking to a lawyer about your assets, you absolutely should, and for good reasons.

Death Comes When It Comes

It’s a dark statement, but it’s the truth. Nobody knows for certain when they are going to leave this world. If you leave your assets unassigned in your absence, a lot of things could go wrong. The assets you intend to leave for your heirs may not end up in their hands. Talking to an estate attorney starts the process of sorting out what you have to give to those you want to have it. In the moment of an untimely demise, you will know that this is settled.

Creditors Can Take Your Assets

There is no law to protect your assets, possessions or valuables when you pass away. The law does make it easier for creditors to take what is owed, especially if you did not have a will or any legal document that would prevent them from taking everything you own. Creating a will or living trust is some assurance and protection against an order for full liquidation of your assets to pay your creditors. You may not have much now, but you may have a lot more later.

Protecting Assets That Are Physical in Nature

Stocks, bonds, and investments are printed on paper only as a means of tracking what you have. Otherwise, they are all virtual assets, things you can’t really touch. Protecting the physical assets, those tangible items you paid money for, that’s what really matters. Your house, second house, cars, boats, campers/RVs, etc., are all considered physical assets. If you want to hold onto those, you need to talk to an estate attorney specialist now.

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5 Main Reasons to Hire An Estate Attorney Before Divorce Proceedings

Fri, 27 Oct 2023 09:00:00 GMT

The Law Offices of Christina Sammartino Helps With Divorce Estates

Divorce is no doubt a trying time for anyone involved, an estate attorney can help ease the stress involved with the legalities and financial burden of such an unpleasant undertaking. An estate attorney is responsible for making sure the process of divorce goes through with as little rockiness as can be concerning what assets go to which person and how to keep their client as financially and legally secure as possible. Moreover, legal documents and their jargon can be extremely difficult for the average person to understand and estate lawyers can decode that for their clients.

Up-to-Date Paperwork

One important reason to hire an estate attorney before a divorce proceeding is to ensure legal documents are up to date. With the onset of the divorce, documents need to be adjusted to remove or redirect funds and trusts now that the partners have gone their separate ways. Moreover, with the divorce, each party’s financial situation will change and thus both parties might wish to adjust any such documents to lessen the sting of probate and estate taxes.

Legal Compliance

Next, it is important to hire an estate attorney during a divorce to keep up with legal compliance. No doubt trust and probate laws are often notoriously incredibly difficult to navigate for the average Joe. Furthermore, these tax and probate laws differ with each state and are ever-changing. Of course, there are online courses and books to help navigate these difficult laws hiring a reputable estate attorney can greatly reduce the chance of mistakes on these documents. Moreover, supposing you properly fill out the extensive paperwork involved in estate and probate, tax forms that doesn’t take into account future changes that may affect you. An estate attorney will monitor these fickle estate and trust laws to correctly phrase their legal wording to adhere to these laws.

Estate Planning Documents

Perhaps the next reason to hire an estate attorney is to navigate the often complex legal jargon involved in estate planning documents. Doing it yourself can come with the problem of these documents not meaning what they say. A learned estate attorney can correctly decipher the difficult-to-understand documents as they deal with such legal languages daily. Trying to undertake such legal complexities can result in funds, assets, and trusts being improperly allocated. Any money saved by attempting to go solo will wind up having to be done over she filed with a professional anyway.

Customized Documents

The fourth reason to hire an estate attorney before a divorce would be to see to it that you get things the way you want them done as far as wills, trusts, and assets. Do-it-yourself documents cannot often be customized to these important documents and thus can’t be tailored to meet your unique situation. Also, these do-it-yourself documents aren’t often able to take into account things like splitting assets from a business or trusts from a disability fund. One last thing these personally done papers lack is a notarized witness signature, they are more capable of being contested in a court of law.

Expert Legal Advice

The final reason one should employ an estate attorney in the event of a divorce is sound legal counsel on decisions concerning estate matters. An experienced estate litigator can make sure that all documents are comprehensive in covering the client’s unique needs and wishes. Also, they must make sure to into account documents that cover independent designations for beneficiaries, and detect loopholes and tricky legalese that belie their client’s desires or could financially, and legally wound them later on.

Divorce is unpleasant all by itself and the added stress of financial and legal responsibilities can be lightened by a respectable estate attorney. These five reasons discussed above are of course just the most common reasons one would decide to hire an estate attorney during a divorce. In a nutshell, each reason involves an attorney with the know-how to correctly read and decode the complicated legal phrasing of estate paperwork. Moreover, a property-trained estate attorney has the expertise to properly fill out all the documents involved in a divorce where matters of assets, and estates are concerned.

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5 Tips for Effective Estate Planning for All Seniors

Thu, 19 Oct 2023 07:36:00 GMT

Social, economic, and political changes have changed the implications and laws surrounding estate planning over the last few years. Even if you once believed you were prepared, you may find many things you don’t know about setting up your assets for your senior years and for your family or successors. It’s important to make sure every aspect is covered to avoid sometimes devastating issues for yourself later in life or those let behind. Here are some excellent tips to prepare you to take this important legal step.

#1 Keep Your Will Up-to-Date

The will is the first obvious step of estate planning, however, it’s important every time new assets are added or friends and family come and go that you make sure your will reflects this. It is the one way to leave your word as to what you want the plan to be upon your passing, and having outdated information can make the document invalid.

#2 Consider a Trust

There are many types of trusts and many reasons why this could be a better alternative in some cases to just a Will. Trusts can insure no undue burden to inheriting family, or they can even protect a senior’s assets from predators and creditors while still allowing funds distribution to other family members when necessary.

#3 Get Legal & Medical Power of Attorney Designated

Many forget about this important step, but it’s something seniors need even before passing, and can be beneficial at any age. Have a power of attorney for both legal and medical matters allows for someone with your best interests at heart to make tough decisions as if they were you if you ever become incapacitated.

#4 Assemble a Good Team

Estate planning can be confusing and overwhelming with many intricate parts. The best way to make sure you’re navigating all of it without a big mistake is to have experts at your side. Some types of experts you may need include:

#5 Remember: Single & Childless Still Need Estate Planning

Just because you don’t have a spouse or child doesn’t mean you don’t need to take this important lie step. There are many things you can have done with your assets to make sure you are happy with where they go, estate planning can even protect you and your money and possessions while still living.

Hire an Estate Planning Attorney

It’s never too late or too early to begin your estate planning journey. Contact an estate planning attorney to discuss your plan and options today.

The post 5 Tips for Effective Estate Planning for All Modern Seniors appeared first on Law Offices of Christina Sammartino PLLC .

New York Medicaid Changes Across The Years For Your Loved Ones

Sat, 23 Sep 2023 04:49:00 GMT

Beginning January 1, 2023, the asset and income limits for Disabled, Age 65 and up and Blind Medicaid applicant’s looking for long term care benefits have greatly increased.

ASSETS:

In 2022 the applicant could have no more than $16,800 of assets in their name, otherwise they would not be eligible for Medicaid benefits. The asset limit has now increased to $30,183. This will allow recipients retain significantly more assets and still qualify for Medicaid benefits.

INCOME:

In 2022 the applicant could have no more than $934 of income. NOW the income limit is $1,677. This means applicant’s name now keep more of their income. With the rise in inflation and the higher cost of living, this HUGE. Many applicants may no longer need to contribute to a Pooled Income Trust. For those recipients who have been receiving Medicaid benefits may be able to get their budget revised and if their income in below the $1,677 they may no longer need to contribute to the Pooled Income Trust.

What are Advance Directives?

POWER OF ATTORNEY: A Power of Attorney is a legal document whereby you as the principal appoint someone you trust to act as your Agent. This document allows your Agent to conduct what I like to call the “business of you.” Your agent will be able to do everything that you are able to do such as pay your bills, handle your finances, make loans, change beneficiaries, sue someone, etc.

HEALTH CARE PROXY: A Health Care Proxy is a legal document whereby you appoint someone to make medical decisions in the event you can no longer make your own decisions.

LIVING WILL: A Living Will is a legal document that spells out what medical treatments you do and don’t want when you are truly at the end of your life.

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Avoiding Probate with an Affidavit

Thu, 04 May 2023 18:39:00 GMT

When someone in NY dies with a small estate, the family may be able to avoid going to Court by using a 1310 Affidavit.

This affidavit may be used by certain family members or the decedent’s creditors to collect assets up to a certain value in the decedent’s name.

How Does The 1310 Small Estate Affidavit Work?

1. A surviving spouse may collect up to $30,000 without going to court

Upon the death of a decedent, the surviving spouse may collect up to $30,000 in assets by simply presenting the institution(s) with a small estate affidavit and a death certificate. The affidavit must state that the payment and all other payments received by the spouse from all institutions do not exceed $30,000.

If your husband or wife dies with assets of $30,000 or less, you should be able to collect the money without much hassle or expense.

2. A surviving spouse may collect up to $30,000 without going to court.

After 30 days have elapsed from the date of death, up to $15,000 may be collected by the spouse, children, parents, siblings, nieces and nephews or a creditor who has paid the funeral expenses.

The list of relatives is in order of entitlement. Therefore, if the decedent was survived by a spouse, only the spouse can collect the money. If the decedent was survived by children and no spouse, only the children may collect. If the decedent was not survived by a spouse or children, then the parents may collect and so on.

3. Six months after a person dies, other relatives or a funeral creditor may Collect up to $5,000

After 6 months have elapsed from the date of death, up to $5,000 may be collected by a distributee or by a person who has paid for the decedent’s funeral. Examples of distributees are grandchildren, grandparents, aunts, uncles and cousins. In contrast to the preceding section, here payment is made to the funeral creditor upon the affidavit of the person being paid.

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The Importance of Estate Planning

Tue, 28 Feb 2023 18:32:00 GMT

Estate planning is the process of anticipating and arranging for the management and disposal of a person’s estate during the person’s life in preparation for a person’s future incapacity or death.

Who needs an ESTATE PLAN? EVERYONE!

Most people would assume that only rich people and people with actual estate need an estate plan. So, what can you call an estate? An estate simply consists of your possessions, like your car, home, life insurance or anything you have that is valuable to you.

This means everyone has an estate and something in common—you cannot take it with you when you die.

THE BIG QUESTION: What WILL HAPPEN to your estate?

Things do happen unexpectedly. When you’re no longer around or become incapacitated, what would happen to your estate? What would happen to all those things that you treasure and everything you worked hard for? Where would it go?

Without an estate plan in place, your estate will go through probate which means that your estate will be at the hands of the court. They will appoint someone as a personal representative to oversee distribution of your assets. That someone might not be who you wanted to take control of your estate, and your estate could be passed to people who you do not want to inherit your assets.

The answer: ESTATE PLANNING

Estate planning covers everything from protecting your assets to carrying out your wishes should you pass. It serves as a safeguard for all your assets, making sure that it is distributed the way you choose. It also helps reduce the taxes and expenses of an estate, as well as simplify and speed up the transition of assets to ensure your beneficiaries are protected.

Still not convinced that you need an ESTATE PLAN? Consider these top 3 reasons why you should have one.

Reason #1: Avoids probate

Reason #2: Minimize taxes for beneficiaries

Reason #3: Ensures your wishes are met

Reason #1: Avoids probate

When you die without a will, your assets will be frozen until the court combs through all of your estate. This process is called PROBATE, it is a costly and stressful process for your family to go through.

Having a comprehensive estate plan in place could save you and your family out of court and out of this stressful process. When you put your assets in trust, is that after your death, your assets are not part of your probate estate. Your trustee will have full control of your assets, after your death the trustee can easily and quickly transfer your assets to the family you left it to, without probate.

Reason #2: Minimize taxes for beneficiaries

By law, your beneficiaries must pay a considerable amount in taxes before they can receive their inheritance. Through estate planning, federal and state estate taxes and state inheritance taxes cost can be reduced.

Estate planning is all about protecting your loved ones, which means in part giving them protection from the Internal Revenue Service (IRS).

Reason #3: Ensures your wishes are met

Estate planning isn’t just a plan for when you die.

Estate planning also include a durable power of attorney, healthcare proxy and living will – three important legal documents while you are alive that ensure your wishes will be carried out should you become incapacitated and unable to make decisions.

Estate plan serves as your safety net for everything you’ve worked hard for and what you value the most. It protects not just you, but all the people you love.

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