Do I Need an Elder Law & Estate Attorney?
As people get older, planning for the future becomes essential. Elder law and estate planning help individuals protect their assets, ensure proper medical care, and make legal decisions before it’s too late. Whether you need a will, trust, power of attorney, or Medicaid planning, having a legal plan in place prevents confusion and protects your loved ones.
In Brooklyn, Bensonhurst, and Gravesend, many families turn to an elder law attorney to:
✔ Create wills & trusts to ensure assets are passed down properly.
✔ Plan for long-term care & Medicaid eligibility without losing savings.
✔ Set up guardianship for elderly parents who can no longer make decisions.
✔ Protect their home & finances from costly medical bills or legal disputes.
Without an estate plan, the New York courts decide who inherits your property and who manages your affairs. A well-structured plan gives you control over your future and makes life easier for your loved ones.
Who Needs an Elder Law & Estate Plan?
Estate planning isn’t just for the wealthy. If you have a home, savings, or loved ones who depend on you, you need a plan.
✔ Seniors & Retirees – Ensure your assets are protected and medical wishes are honored.
✔ Parents – Name guardians for minor children and protect their inheritance.
✔ Homeowners – Prevent family disputes and ensure property stays in the right hands.
✔ Anyone with Savings or Investments – Avoid high taxes and legal fees.
Planning now means your wishes are legally protected before a crisis occurs.
Key Estate Planning Documents You Need
A proper estate plan includes several important legal documents:
1️⃣ Will – Specifies who inherits your property and who takes care of your children.
2️⃣ Trust – Helps avoid probate and protects assets for beneficiaries.
3️⃣ Power of Attorney – Appoints someone to handle your financial affairs if you become incapacitated.
4️⃣ Health Care Proxy & Living Will – Ensures your medical preferences are followed if you’re unable to communicate.
Each document plays a role in making sure your wishes are carried out legally and efficiently.
How Does Medicaid Planning Help?
Long-term care in New York is expensive, with nursing home costs averaging $12,000 per month. Medicaid can help cover these costs, but many people don’t qualify because they have too many assets.
An elder law attorney can legally restructure your assets so you can qualify for Medicaid without losing your home or life savings.
🔹 Medicaid Asset Protection Trusts (MAPT) – Transfers assets into a trust to protect them from Medicaid spend-down rules.
🔹 Gift & Lookback Strategies – Ensures assets are transferred correctly to avoid penalties.
🔹 Spousal Protection Planning – Allows one spouse to receive Medicaid while the other keeps their home and income.
If Medicaid planning is done in advance, families can save hundreds of thousands of dollars in nursing home costs.
Medicaid Planning is key to protecting your savings, wealth and legacy.
What Happens If You Die Without a Will in New York?
If you pass away without a will, the state’s intestacy laws decide who inherits your assets. This means:
❌ Your spouse may not get everything – New York law splits assets between a spouse and children.
❌ Unintended family members may inherit – Even estranged relatives can legally claim a portion.
❌ The court appoints a guardian for minor children – Instead of you deciding.
❌ Probate takes longer & costs more – The process can drag on for years.
Having a simple will or trust avoids these problems and ensures your wishes are honored.
As the adage goes: “An ounce of prevention is worth a pound of cure.”
How to Start an Estate Plan in Brooklyn?
Estate planning doesn’t have to be complicated. Here’s how you can get started today:
1️⃣ Make a list of your assets (home, savings, investments).
2️⃣ Decide who should inherit your property and care for minor children.
3️⃣ Set up a will or trust with a qualified attorney.
4️⃣ Create a Power of Attorney & Health Care Proxy to ensure medical & financial decisions are covered.
5️⃣ Consider Medicaid planning if you or a loved one may need long-term care.
An estate plan ensures that your family isn’t left with difficult legal battles or financial stress after you pass.
Do I Need a Lawyer for Estate Planning?
While it’s possible to create basic estate documents online, mistakes can make them invalid. A lawyer ensures:
✔ Your wishes are legally binding and protected in court.
✔ Your plan minimizes estate taxes and protects assets.
✔ Your loved ones avoid unnecessary legal delays and expenses.
Estate laws in New York are complex, and even a small mistake can lead to costly probate issues.
Need Help with Estate Planning? Call a Brooklyn Elder Law Attorney Today!
If you need a will, trust, Medicaid planning, or legal guidance for an elderly family member, we’re here to help. Our law firm serves Bensonhurst, Gravesend, Brooklyn and Beyond, helping families secure their future.
📞 Call or email us for an appointment: 347-692-0222 | 7622LAW@gmail.com