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By Daniel G. Fish | February 15, 2023
Two recent opinions cast doubt upon the applicability of CPLR Section 3217, (voluntary discontinuance) to guardianship cases, writes contributor Daniel G. Fish.
7 minute read
By The Legal Intelligencer | February 14, 2023
In The Legal's Wealth Management/Trusts & Estates supplement read about estate planning in a high inflation environment, lifetime and annual exclusions and how to modify irrevocable trusts.
2 minute read
By Jennifer Bittel Derby | February 5, 2023
Part of the role of an estate planning attorney is to assist the client with both the important legal aspects, as well as the emotional aspects, of finalizing their estate plan. This involves a critical discussion regarding choosing fiduciaries, but only after educating the client regarding the role of each individual fiduciary.
7 minute read
By Jason J. Smith and David N. Hoffman | January 27, 2023
A new medical aid in dying bill will be introduced after the state legislature goes into its 2023 session. While the new bill's passage is uncertain, recent legal developments in other states, including Oregon, Vermont and New Jersey, all of which permit MAiD, could make MAiD for terminally-ill New York residents accessible outside of New York.
8 minute read
By Daniel G. Fish | November 16, 2022
New York state's home care program has kept many seniors at home and out of nursing homes. It is a humane and cost effective approach to long-term care. The logic behind the 30-month "look-back" period for Medicaid home care is suspect.
5 minute read
By Raychel Lean | September 12, 2022
"I am of the opinion that the infrastructure for providing long-term care services and supports in the U.S. is failing our elderly population and people with disabilities in a significant way," said Cozen O'Connor partner Howard Krooks.
9 minute read
By Daniel G. Fish | August 9, 2022
There is little statutory guidance in New York state for a notary who is attempting to notarize a document by mark for a disabled individual. This article looks at the legal quandaries that may arise with a client who cannot write out his or her name or is otherwise unable to sign a document and also addresses the idea of notarization by mark or notarization by proxy in New York state.
5 minute read
By Lindsay H. Gill | August 9, 2022
In this article, Lindsay H. Gill discusses red flags that may help advocates spot fraud and mismanagement, as well as the techniques investigators use to uncover evidence to determine whether fraud has occurred.
7 minute read
By Ellen S. Morris | August 4, 2022
Your client is the trustee or the beneficiary of a irrevocable trust and wants to change or terminate it. What if the other beneficiaries or the trustee don't agree to the change or termination? Well, then you can't use a nonjudicial settlement agreement under Florida Statute 736.0111, so what can be done now?
6 minute read
By Adolfo Pesquera | July 6, 2022
Most former clients lost life savings or assets valued in six or seven figures, court filings allege. Law firms from across Texas have been drawn in to represent them.
5 minute read
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