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Wall Street Journal is Wrong that Seniors want to "Game" Medicaid

Over the weekend the Wall Street journal ran an article on elder law planning entitled " Inoculating Estates From Health Costs ". While I'm always happy to see an article about elder care planning in the news because it's such a critically important and mis-understood problem...

Gifts You Can Give After Your Lifetime

A previous Oast & Hook article discussed the different gifting options that are available for you. These included gifts of cash, appreciated property, and real estate. This article discusses the different gifting options that are available after your death. These options include bequests in either...

Estate Failed to Prove Museum’s Laches on Claim to a 3,000 Year Old Archeological Artifact Missing Since WWII

By John G. Farinacci, Esq. In a rather unique ceremony at the Nassau County Surrogate’s Court on December 4, 2013, Surrogate Edward W. McCarty, III ordered and presided over the physical return of an ancient Assyrian artifact from the possession of an executor of a decedent’s estate to...

Must A Living Person Disclose Their Estate Plan: The Limits of NY CPLR § 4503

By Jennifer F. Hillman, Esq. Most communications between an attorney and client are privileged pursuant to New York Civil Procedure Act (“CPLR”) § 4503. There is, however, a carve-out in proceedings concerning the probate, validity or construction of a will. Pursuant to CPLR §...

Bradley J. Frigon on the Applicability of Medicare Secondary Payment Subrogation Rights to Medicare Part C and Part D Private Carriers

By Bradley J. Frigon Following several cases that challenged federal regulations, CMS published a memorandum to all Medicare Advantage Organizations and Prescription Drug Plan Sponsors regarding Medicare Secondary Payment Subrogation Rights for Part C and Part D private carriers seeking reimbursement...

Landmark Jimmo v. Sebelius Settlement Helps Medicare Patients Receive Skilled Care

By Morris Klein CELA CAP | Settlement of a class-action suit filed against HHS makes it easier for patients to continue to receive skilled care services; the settlement removes clandestine policies requiring Medicare patients to exhibit improvement to continue receiving such services. Medicare will...

Ask Liza: Excluding Someone From Your Will

By Liza Weiman Hanks Dear Liza: I am helping my friend make a Will. It’s very simple, with one heir. She wants to make sure her brother, who is her only living relative and from who she has been estranged from since they left home (she’s 75 ) is not able to challenge the Will. She wants...

Ask Liza: Adding That New Baby

By Liza Weiman Hanks Dear Liza: My wife and I are the proud parents of two young boys. As a part of our estate planning we have created a Joint Living Trust and funded it with the title to our home, our life insurance policies as well as a few other things. We are now, however, expecting a third child...