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April 2018 Archives

Are annuities assets under NY Medicaid transfer of assets?

If you are petitioning for Medicaid coverage of nursing facility care and services, you may find yourself subject to a five-year "look-back" to assess your assets and finances, as well as an evaluation of your current assets to decide eligibility for coverage. When you took out a life insurance policy, also known as an annuity, you never thought it might factor into assets determining eligibility for Medicaid coverage. Yet now an assessment is questioning that annuity, so is it officially an asset under New York state law?

What is separate property in marriage?

Whether you are negotiating a prenuptial agreement or facing the prospect of divorce, you may hear the term "separate property" come up when determining what belongs solely to you and what, under New York law, is considered marital property that qualifies as joint assets when determining ownership before or after marriage or divorce. But what is separate property, exactly, and what qualifies as solely yours versus the joint property of you and your spouse under New York law?

What is a holographic will?

You want to know that your estate is handled according to your wishes on your passing, and spent a good deal of time painstakingly drafting copy that reflects your wishes. Yet you have been told that according to New York law, your will may not be valid because it is considered a "holographic" will, dependent on the medium in which it is delivered. But what is a holographic will, and when is it considered binding?

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