Essentials of Estate and Elder Law

This presentation is designed to provide new attorneys with a primer on the basic techniques used in planning estates and transferring wealth in New York State after the passage of the American Taxpayer Relief Act of 2012, as well as changes to the New York State estate tax law. 

Attorney Michael J. Feinfeld explains some of the most important components of a will and explores key issues regarding the testamentary transfer of various types of property. Techniques for proper drafting of guardianship clauses and trust for minor children are also discussed. 

In addition, the course covers the basic methods necessary to protect individuals who are disabled or who should require long term care or a guardian in New York State. 

With respect to elder law and long term-care planning, Mr. Feinfeld explains the standards of eligibility for Medicaid. Additional discussion points include: which types of property are viewed as resources for Medicaid, the “look back period,” and the types of planning strategies used to preserve assets from counting against individuals' Medicaid eligibility.

Mr. Feinfeld reviews the basics of adult guardianships as well.  Article 81 Guardianships of disabled and incapacitated adults and Article 17A Guardianships of developmentally disabled persons also appear in the discussion. 

Learning Objectives:

I.     Understand and identify the different clauses and components of a Will

II.    Comprehend key issues concerning various types of properties and interests that may be passed at death

III.   Grasp how to ensure protection of minor children through guardianship designations and minors' trusts

IV.   Detail the changes to the federal and New York State estate tax laws and tax planning strategies since 2013

V.    Understand the current rules for Medicaid eligibility for long term care and basic Medicaid planning strategies

VI.   Explore the processes for appointing guardians for incapacitated and disabled adults pursuant to Article 81 of the New York State Mental Hygiene Law and Article 17A of the New York State Surrogate's Court Procedure Act

This course originally appeared as a part of our June 2015 Bridge the Gap Event.