How To Suspect If You Will be Investigated for Medicaid Fraud

How To Suspect If You Will be Investigated for Medicaid Fraud

Medicaid is a service that many people use in the U.S. It allows for those in low-income homes to have access to affordable healthcare. However, people sometimes find that they are under investigation for Medicaid fraud and abuse without knowing why. When investigators contact you, they believe that you are guilty of committing fraud from the evidence they have collected based on your income. It is possible to catch yourself before you are framed for being guilty for Medicaid fraud by accident. 

Fraud and Abuse Laws
heap of dollars with stethoscope
  • You do not receive any other form of government benefits 
    • Medicaid is only available to those who are low-income which means that it is common to have other benefits such as food stamps.  Those who qualify for Medicaid often have other forms of social welfare programs that assist in daily aspects of life. If you don’t have food stamps or another form of government benefit, it can indicate that you don’t actually qualify for Medicaid.
  • Your reported income does not match your lifestyle
    • When investigating recipients of Medicaid, investigators match every aspect of your life to your reported income. Medicaid fraud investigators compare what you’ve reported with other aspects of your life such as housing. If they find that you own a home, investigators have the ability to check your mortgage as it is public record. From there, they can check how much you pay monthly to your bank or mortgage company. If the payment is significantly higher than what your reported income is, it can raise suspicions. You can own a house and still receive Medicaid but even if you live in a high rent neighborhood, they can look into it. 
  • The same can happen if your car payments are quite high in comparison to your reported income. Similar to how they check on your house ownership, the same can happen with car payments. If the information is not consistent, they will look at your provided information deeper and possibly contact you. 
  • You receive financial assistance from family members 
    • People usually defend themselves when under investigation for Medicaid by claiming that they receive financial assistance from family members. Unfortunately, that is an extremely poor excuse as it is required to disclose if your family provides financial assistance for you when applying for Medicaid. By saying this, you may be claiming that you are not actually eligible for Medicaid. 

Before panicking, be sure to double check your documents and payments to ensure that the information you are submitting is correct and consistent. Without double checking, you may face up to ten years in prison and fines up to $500,000 without meaning to. If you or a loved one needs assistance in Medicaid fraud help, please contact the Law Office of Inna Fershteyn at (718) 333-2395.

Why You Should Review Your Estate Plan Before A Second Marriage

Why You Should Review Your Estate Plan Before A Second Marriage

It is becoming increasingly common for people to remarry and create blended families. When blended families are created, estate planning becomes a little more complicated. Estate planning for a blended family can be complicated because each spouse may want to provide for each other, their biological children, and maybe even their step-children/adopted children after their death. If this sounds like your family, you should proceed cautiously and read ahead for some guidance on estate planning. 

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Estate Planning Considerations Before a Second Marriage

A remarriage may create a unique set of legal questions. People assume that their adult children will automatically inherit their assets when they pass away. People make this assumption because most of their property and assets have been spent with their previous spouse, who was possibly a  co-parent to the children, and the one who may have helped to build or sustain the family assets.

However, a new marriage means that the family property is governed by the laws of the new marriage. If there is no prenuptial agreement with the new spouse and they survive you, then they would inherit at least one-third of the estate according to New York laws. This means that your adult children from a previous marriage might be in for a rude awakening. A large part of the children’s inheritance might be gone due to the new spouse’s right to inherit one-third of their spouse’s estate.

In order to avoid confusion and possible heartache in the future, have these discussions with your family now. Consulting an experienced estate planning attorney will help with deciding the best ways to make sure your wishes are carried out. 

Elective Shares

As stated earlier, if a spouse dies, then the surviving spouse has a right to inherit a one-third share of the deceased’s estate. This is what’s known as an elective share. By law, a spouse cannot be disinherited unless they willingly choose to be. The only way that a surviving spouse can be disinherited completely is through a prenuptial agreement, where each spouse can agree to waive any claims to an elective share of one another’s estates. 

Your elective estate includes not just property in your name alone, but also most assets with beneficiary designations such as bank accounts, securities, IRA accounts, the cash value of life insurance, etc. Essentially, you would not be able to easily ignore your spouse’s rights to their elective share. One may assume that if assets are left in a trust for a child then it would be difficult for the surviving to claim their shares. However, the surviving spouse can still file a probate proceeding and possibly force the child to return the assets to satisfy the elective share law.

Prenuptial Agreement Before The Next Marriage

It’s important to recognize that a prenuptial agreement does not mean that a couple will be planning to get a divorce, or that spouses do not trust one another. Rather, couples are recognizing the importance of their upcoming legal commitment to marriage. Older clients who remarry often have important financial obligations from previous relationships such as alimony or child support payments. They may also have hard-earned estates they wish to leave to children from previous relations. In order to provide a solid foundation for their future marriage, people should consider sorting through their finances. By signing a prenup, couples are communicating their concerns for the future financial security of their other relatives and are expressing their respect for the hard-earned assets and accomplishments of their future spouse.

Review Your Estate Plan Before Remarrying

Before getting remarried it is important to focus on redoing your estate plan. During your first marriage, you may have created an estate plan, however this time it might be more complicated, especially if you have children from your first marriage and/or you have since then acquired more valuable assets. Here are some of the best methods we recommend to ensure that your interests are met when you remarry:

  • Take Stock. You and your soon to be spouse should take an inventory of your individual and/or shared assets and debts. Make sure to include life insurance policies and retirement plans in your stockpile. And be sure to disclose to each other all of this. It is best to be open and honest about money with your spouse. 
  • Financial Management Decision. Once you know what both of you are worth financially, then you two need to decide if you want to combine (or not combine) assets when you are married. For example, if one spouse has significant debt (ie. student debts) you may not want to combine finances or make any joint purchases. These decisions need to be made upfront so everyone is clear on what to expect.
  • Discuss Who Will Receive What. You and your future spouse need to figure out who will receive your estate when you die. This can be complicated discussion if you have children from a previous marriage. By law, if you leave all your assets to your new spouse, there are no guarantees that your new spouse will be required to provide for your children. If you would like to ensure your children are provided for, there are numerous options available. Some of these options include: creating a trust for your children, naming your children as beneficiaries on life insurance policies, or explicitly giving your children joint ownership of a property. If any of these options sound appealing for your case, consult an estate planning attorney for which option is best.
  • Double Check Beneficiaries. If you have a previous estate plan created, you should double check who you named as the beneficiaries on your life insurance policy, and/or retirement plan. Upon reviewing, you may want to change who you previously named. However, if you are divorced, you may not be able to change some of the beneficiaries. When you return to your estate planning attorney, be sure to bring your divorce decree so they can make sure you do not violate the decree. If it is the case that you can not change your beneficiaries, you can buy additional life insurance or retirement plans where you can include your new spouse or future children.
  • Consult An Estate Planning Attorney. Before you remarry and if you have an existing estate plan, you should definitely consider updating your last will. You might also need to update or even create other estate planning documents like a durable power of attorney and a health care proxy.

Before or maybe after consulting an attorney, be sure to be open and honest to your family members and loved ones about your wishes so there are no surprises. If you would like to review and create a new estate plan before remarrying, please contact the Law Office of Inna Fershteyn at (718) 333-2395.

The Importance of an Elder Law Attorney

The Importance of an Elder Law Attorney

As we get older, we come to see some obstacles that our aging family members face. Oftentimes, no one prepares you for what to do when you reach your late stages of life. Healthcare, financial well-being, and long term care are commonly thought of when considering the next steps for your aging loved ones. However, it may be overwhelming to figure out all this on your own. At times like this, it is extremely helpful to visit an elder law attorney. But what exactly is an elder law attorney? 

 Importance of an Elder Law Attorney

An elder law attorney focuses on assisting the older population and their loved ones. They focus on covering a wide variety of issues that the aging population face or will face. Going to an elder law attorney for a consultation to discuss future needs and what seems to be the best for you or your family may help you gain further insight on what may be needed to better your lives. They can help evaluate your current situation as well as exploring options for the future. Some common work elder law attorneys do is:

  • Trusts and wills
  • Estate planning and probate*
  • Nursing home planning and long term care 
  • Medicaid and Social Security assistance
  • Elder abuse 

* Most elder law attorneys are also esteemed at estate planning but not all estate planning lawyers are accomplished elder law attorneys so make sure to check out client reviews

By having an elder law attorney by your side, you can save time, money and avoid getting into future legal trouble. Since the laws surrounding the elderly are different in each state, it is pivotal to find an elder attorney that is knowledgeable and well-versed in their field. A skillful elder law attorney should be able to alleviate your worries about your future and you should feel as if you are in good hands. Follow this link to see some actual cases that have been alleviated by elder law attorney, Inna Fershteyn.

In addition, it is also important to know that there is no right or wrong age to meet with an elder law attorney. It is a common assumption that people have when thinking about elder law attorneys. For those in their thirties to fifties, visiting an elder lawyer may help with protecting your wealth and assets for the future. They can also have more options for you since you have the benefit of a head start. You do not necessarily have to be “old enough” or a senior to seek an elder law attorney.

If you or a loved one is looking for guidance to put your mind at ease for the future, a consultation from an adept elder law attorney should help. Please contact the Law Office of Inna Fershteyn at (718) 333-2395 to secure your road for the future today.

How to include children from prior marriages in a will?

How to include children from prior marriages in a will?

When remarrying, it is a time to celebrate and be joyous of a new chapter in your life with a new family. However, most people do not think about estate planning during times of celebration. Having a blended family may make room for some unexpected challenges as you may want both families to take part in your estate plan. In the case that you have children from a previous marriage that you want in your estate plan, it may seem confusing and overwhelming to tackle. 

How to Include Children from a Previous Marriage into a Will

If possible, you can leave your assets to your newly married spouse and hope that they will divide your assets among all your children. However, it is also possible that your spouse will not respect your wish. Before getting remarried, it is important to review or redo your estate plan. By doing so, it can clear up any possible future confusions.

  • Take Inventory of your Assets
    • With your new spouse, you can take an inventory of your assets and debts. This can include your retirement plans and insurance policies. By being fully honest and open, you will allow your family to have better conversation and no possible hard feelings. 
  • Decide Where You Want your Assets To Go To
    • You can decide with your new spouse if you want to combine your assets or not before you get married again. By doing so, it can be clear to everyone on where the assets are going to and who it is going to.
  • Decide on what option you would like to secure your children’s inheritance
    • There are multiple options to ensure that your children will get their designated share of inheritance: 
      • Creating a trust specifically for your children 
        • This allows you children to have exclusive and specific rights to hold and manage whatever benefits they will get from you. 
      • Making your children beneficiaries of life insurance policies
        • Life insurance payouts will go to those who are listed as your beneficiaries when you pass away so that gives them a portion of the money. 
      • Giving your children joint ownership of property 
        • By doing this, your children will be able to have full ownership after you pass away- which also secures their portion of their share of your assets.

In a perfect world, you can simply leave your assets to your newlywed spouse but as always, the options for assuring your children allows for certainty. A mutual understanding between you and your new spouse will make it easier for the future and your marriage. It is important to talk about estate planning with your family. If you or a loved one wants more information about estate planning, contact the Law Office of Inna Fershteyn at (718) 333-2395.

7 Tips On Caring For Elderly Parents Long-Distance

7 Tips On Caring For Elderly Parents Long-Distance

If you have an aging parent who needs additional assistance, it can be a challenge. If you are caring for your parents from a long distance then there may be additional considerations. Read ahead for seven tips on how to take care of your elderly parents long-distance. 

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1.) Plan Ahead

Planning ahead and establishing a good system to check-in and care for your elderly parents as early as possible is a great first step, especially when you don’t live near your parents. When your parents are in good health, both physically and mentally, it will be the best time to draw up legal documents, find important papers, and get their home prepared for the challenges of aging. By planning early on, your worries will decrease later on as you have plans and protocols in place. 

2.) Meet Your Parents’ Neighbors

Because you live far away from your parents, visiting them is always a nice idea. While on your trip, assessing their health and support system is also a good idea. You can make a note of your parent’s environment and neighbors. Meeting your parent’s neighbors is a great start to creating a support system. Usually, neighbors are only steps away and would hopefully be okay with dropping in for a quick check or hello. 

Establishing good relationships with your parent’s neighbors, and having their phone numbers on hand, will decrease your worries as you know that help is close by. Sometimes, neighbors may be the first to notice any unusual behaviors or a decrease in activity. Also, if you are unable to reach your parents, you can call their neighbors who can reassure you that your parents are okay and possibly just out of reach from the phone.

3.) Make and Keep Copies of Important Documents

Make sure to make copies of any important documents regarding your parents that you may need. Some of these documents include: insurance cards, medical history, names and numbers of your parent’s doctors and pharmacy. Your parents may have important legal documents that you should have copies of, including copies of any estate planning documents like a will, health care proxy, and power of attorney. By having your own copies, it could even help your parents if they one day can’t find papers you know are in the house.

4.) Evaluate the Home

While visiting your parents’ home, doing a safety check is another great idea. You can help clean up clutter and unused items. As your parents age, the risk of falling and injury increases, so ensuring that their home is hazard free is important in order to prevent injuries. If your parents need further safety features, you can consider installing grab bars or any other installations recommended by doctors. If your parents live in a suburban area, hiring services like snow removal or yard maintenance companies can also help as they keep the land clear from ice or branches.

5.) Managing Their Medication

If your parents are taking numerous medications, you might worry that they can either forget their daily medication or mix up their medication. Nowadays there are services available that can package daily medication and send it in the mail. If your parents receive medication from multiple pharmacies, consider consolidating them into one nearby location so they can have an easier time picking up medication. 

6.) Transportation Services

A transportation service can be extremely helpful if your parents do not drive, or if driving may no longer be possible in the future. Senior transportation services can also ensure that your parents remain active and can go out for leisure and to fulfill obligations. 

7.) Legal Issues

A widely neglected aspect of caring for aging parents revolves around legal issues and estate planning. If your parents have already established an estate plan, make sure to have copies of it in case they cannot find it. If your parents have not yet established an estate plan, and are still in relatively good health, it is important to sit down and talk to them about their estate plan. By having such discussions, they can let you know their wishes should anything happen to them. Once decisions are made, you and your parents should consult an estate planning attorney who will let you know the best legal courses to take to make sure their wishes can be carried out. 

If your parents would like to create an estate plan, please contact the Law Office of Inna Fershteyn at (718) 333-2395.

What Are My Responsibilities As My Parent’s Guardian?

What Are My Responsibilities As My Parent’s Guardian?

As parents reach their elderly years, sometimes people may find themselves in the position of being their parent’s guardian. Before obtaining guardianship for your parent (or parents), it can be helpful to know the responsibilities you will have to take on when you become a full-time guardian. Learning more about the possible incoming responsibilities can also help be a deciding factor for if you would rather take full responsibility of your parent or move them into a nursing home.

Responsibilities As My Parent’s Guardian

In some cases, you will be appointed to be a guardian if your parent:

  • Has dementia or Alzheimer’s 
  • Has suffered from a stroke
  • Has cognitive issues 
  • And a variety of other reasons 

Oftentimes, it is common to seek guardianship of your parents after they have become somewhat incapacitated. It is easiest to be appointed guardian if both parties (you and your parent) are able to file notice with the court. The court takes into account age, mental/physical impairment, as well as the risk of harming themselves or others when considering guardianship. As long as your parent can display a reason for wanting guardianship, it is more likely that the court will grant the request.

So what will being your parent’s guardian actually look like?

After being appointed a guardian, there are some basic responsibilities to overlook:

  • Handling finances (such as paying bills, keeping financial records, etc.)
  • Consenting to medical treatment
  • Managing the estate and assets 
  • Deciding on long-term care as well as end-of-life care

These responsibilities mentioned are just some of the many responsibilities that will eventually come to be. Being a guardian is a huge responsibility and takes a significant amount of time and energy. This position should only be done by someone who has the time and care for the parent. Remember, there are always other options for taking care of your elderly parent and that you don’t have to shoulder all the struggles on your own. 

During your time as a guardian, you should always make sure that you are following your parent’s wishes to the best of your ability. If your parent still can, be sure to ask for their input and what they want. When choosing to be your parent’s guardian, you choose to give them the best life you can. Guardians are usually family and do not get compensated. For some people, being and taking care of their parent is more reassuring than leaving them in the care of a nursing home. 

Being a guardian is not an easy job nor is it a role for everybody. In order for your elderly parent to live the best remaining life they possibly can, you can make the decision of if being their guardian will fulfill that or not. If you or a loved one is considering guardianship or options for elderly care, contact the Law Office of Inna Fershteyn at (718) 333-2395.

What is a Health Care Proxy, Living Will and Durable Power of Attorney?

What is a Health Care Proxy, Living Will and Durable Power of Attorney?

As you get older, you may come to realize that you or your loved ones will eventually be unable to make major decisions on their own. Before that time comes, it is common that people consider a health care proxy, living will, or power of attorney. However, many people are unaware of the significance that these documents hold. It is important to understand the difference among these various forms depending on what you and your loved ones want. 

What is a Health Care Proxy

  • Health Care Proxy

A health care proxy is a document that directs who will make your medical decisions for you after you are deemed to be unable to make your own decisions by a physician. Usually a family member or trusted friend is assigned this role to execute medical decisions of your best interest when you are unable to. You will be able to continue to make your own choices as long as you are still in the right state of mind. For example, if you were to fall into a coma, the health care proxy you appointed would take the steps necessary as per your wishes in this unexpected situation.

 

  • Living Will

A living will is simply a document that contains your medical wishes written for family members, friends, and health care facilities. In the situation that you will be unable to communicate your health care wishes, this document should give loved ones and others an idea of what you would have wanted. This document does not appoint anyone to oversee and speak on your behalf. It is purely a document stating your medical wishes. 

  • Durable Power of Attorney

A durable power of attorney assigns a person (or people) to make financial decisions unrelated to making health care decisions for you. This includes factors such as paying your bills and can even include managing real estate and other assets. It is possible for the health care proxy to overlap with the power of attorney but there is a separation between the two. Power of attorney relates to financial matters while a health care proxy is exclusively medical decisions. 

To summarize: a health care proxy dictates who makes your medical decisions (in both predicted and unexpected events) while a durable power of attorney dictates who will make your financial decisions for you. In addition, a living will is just your medical wishes on paper for any possible event that may arise. 

A factor that people tend to forget is that an agents’ authority can be temporary as well as permanent depending on the situation. In the situation where you may be physically incapacitated for a limited amount of time, the agents’ are able to make decisions for you during the time you are unconscious. After you wake up, they lose their authority. In permanent situations such as being in a vegetative state, suffering from Alzheimer's, or otherwise, agents will be allowed to be authorized to make decisions on your behalf. 

It is crucial to consider which loved ones would be the most suitable to carry these forms of authority. These kinds of documents may save trouble in the future in case anything arises. For more information on health care proxies or estate planning, please contact the Law Office of Inna Fershteyn at (718) 333-2395.

What is Elder Financial Exploitation and How to Prevent it

What is Elder Financial Exploitation and How to Prevent it

What is elder financial abuse?

Many of us are probably familiar or have heard the term financial exploitation, which is when an individual uses someone else's money or resources for their own personal benefit. This type of abuse can happen to people of all ages. However, elders that are usually 60 years or older tend to be very common targets as they are usually seen as weak minded, easy people to fool and defenseless. Thus, elder financial abuse is on the rise. According to the National Council on Aging, being a victim of elderly financial abuse can cost as much as 36.5 billion a year. 

Unfortunately, it can also be a difficult crime to detect as the perpetrators can fall on a range of people such as children, spouses, family members, scammers or even nursing home assistance. It can also be even more difficult to detect when the elderly victim suffers from mental impairments such as dementia. Therefore, it is important to know the signs of elderly financial abuse to know how to prevent it, it may not only benefit you, but maybe even someone you know.

What is Elder Financial Exploitation and How to Prevent it

How to Identify Elder Financial Exploitation?

Though it can be a difficult task to identify elder financial exploitations, here are a few signs to look out for that may help.

  1. Isolation- One common sign to look for is a change in the elderly's mood such as sadness or depression. This may tend to make them want to isolate themselves more from their own family members. Another sign of this can be seen when it is also hard to get a reach of them whether it be by phone or in person. 
  2. Suspicious Financial Account Activity- If you notice new or unusual authorized users for bank accounts or credit cards, this can be a red flag. This can ultimately result in many negative impacts. For example, large withdrawals, debt, fund transfers and missing money. 
  3. Change in Spending Habits- a big sign to look out for is a change in spending habits. This can be noticed if a person is not paying bills, not buying food or necessities and not shopping as much as they regularly do. These are very big indicators that it may be time to investigate where money is going.
  4. Missing or Unusual Possessions- This sign might be one of the easiest to spot, if you notice significantly important or valuable items missing, a good thing to do is ask what might have happened to them. Alternatively, if you notice many new valuable items, it may also be good to ask where they came from and why. It is better to be on the safe side. 

What You Can Do to Prevent Elder Financial Exploitation

  1. If you suspect that an elderly is in immediate danger such as physical abuse or neglect, it is recommended to call law enforcement and get them involved. Working with them not only helps prevent criminal activity but it also ups your chances of holding the abuser accountable for their crimes. 
  2. If the victim is not in immediate danger, contact Adult Protective Services. The agency will then conduct their own investigation into the matter as well as coordinate with other services such as law enforcement and social services. They will also offer assistance when needed. 
  3. Another way to prevent financial exploitation is by reaching out to financial institutions like banks and credit bureaus. They can then conduct their own investigation which can help clarify any discrepancies.They may also help identify if any financial exploitation is occurring, in many cases they are the ones to first notice any exploitation.  
  4. When it comes to elder financial exploitation, it often involves many legal matters which can best be handled by an attorney who specializes in elder law. For example, an attorney may suggest tips to prevent financial abuse from occurring such as setting up a revocable or irrevocable trust. This will help protect your assets and keep ownership over them. 

If you or someone you know needs help preventing financial abuse, contact the Law Office of Inna Fershteyn, and we can guide and help you determine the best course of action.

How to Avoid Conflict Between Your Power of Attorney and Health Care Proxy

How to Avoid Conflict Between Your Power of Attorney and Health Care Proxy

When assigning people to be your power of attorney agent or health care proxy, you are bound to choose the people who you deem to be the most fit for the role. A health care proxy is someone who you assign in advance to carry out your medical decisions when you are deemed unable to. A power of attorney agent is someone who is also assigned to make financial decisions for you in the situation that you’re unable to. In some cases, they can be the same person for both positions but in other cases, they can be different people. Although a power of attorney agent has different responsibilities from those of a health care proxy, it is not uncommon for the two to occasionally have some overlapping decisions. When this happens, the possibility that there will be conflicts between the two is not surprising. So what are some ways to prevent these conflicts?

Avoid Conflict Between POA and HCP

1.) Choosing One Person For Both Roles.

  • This is the simplest and most popular choice when deciding on who will be responsible for both roles. It allows for just one person to make your decisions for you (both medical and financial) in your best interest without having to go through the trouble of talking- and possibly arguing with another person. 

2.) Pick Two People Who Can Get Along With Each Other. 

  • Sometimes, it’s not reasonable to choose just one person for both roles. Not everybody is good at everything. For example, you may have an ideal person in mind for being your health care proxy but that same individual may not be a good choice to represent your finances. In this case, you would have to get another person to be your power of attorney agent. Although “getting along” may seem self-explanatory, people tend to choose others who are simply suited for the role while overlooking clashing personalities. This can lead to arguments down the line so it is best to ensure that the two representatives can get along and sort out issues in a calm manner. 

3.) Assign a Third Person With The Power To Settle Disputes.

  • If necessary, adding a third person to be a mediator of the two can decrease the number of conflicts that may arise. Additionally, this person’s name should also be included in the documents indicating what their role is. It is best to discuss with all parties involved about your wishes and what you would want to happen in the case you become incapacitated. 

It is never ideal to have people bicker over what you might have wanted. Hopefully, with these tips, disagreements will not occur between your health care proxy and power of attorney agent. If you or a loved on is having trouble figuring out estate planning, please contact the Law Office of Inna Fershteyn at (718) 333-2395.

How to Prepare for a Meeting With an Estate Planning Attorney

How to Prepare for a Meeting With an Estate Planning Attorney

Estate planning can often be an overwhelming process. Aside from having to get your affairs in order, you are also forced to think about things you may have never thought of before. For example, what would you want to happen at the event of your death?  What should be done with your home? Who would you like to give your assets to? Thus, there is a lot to consider and it can get very stressful. This is where an estate planning attorney comes in to guide you.

How to Prepare for a Meeting With an Estate Planning Attorney

What is estate planning? 

Estate planning is the process by which an individual arranges their assets and designates who will receive them at the event of their death or incapacitation. Its purpose is to ensure your wishes and goals are fulfilled in the best way. 

When the time comes to meet with your estate planning attorney, there are a few things you can do to be prepared and make the process smoother:

  • Inventory

One of the first things you should do is review your assets, this can be both tangible and intangible.

Tangible assets may include: 

  • Homes, land, real estate 
  • Vehicles like cars, boats, motorcycles 
  • Collectibles, antiques or other personal valuable possessions  

Intangible assets may include: 

  • Checking and savings account
  • Stocks, bonds, mutual funds
  • Retirement plans like 401K, 403B, IRA’s, etc.
  • Ownership in a business 
  • Life insurance policies

  • Documentation 

Once you have finished inventory of your assets, your next step should be preparing to provide documentation of financial statements, this may include but not limited to: 

  • Bank and investment account statements 
  • Business agreements 
  • Grant deeds to real estate 
  • Life insurance information 
  • Mortgages 
  • Trademark, patent and copyright registration certificates 
  • Divorce agreements 

  • Account for Family

One of the most important steps is to discuss your wishes with your family and consider what you want to leave for them in the event that you are no longer with them. Although it may be difficult, it's important to be clear and open about your decisions, as other family members may have different views than you. Some things you may want to consider:

  • Assigning a guardian for your children if need be
  • Having enough life insurance 
  • Documenting your wishes for your family's care
  • Taking consideration for special care needs of family members with disabilities 
  • Deciding what specific assets you want to leave for each member 
  • It is also important to have information on all family members (names ,ages, contact information, etc.)

  • Establishing Roles

During estate planning, there are different important roles that come into play that you should think about. This includes deciding who you assign to be an:

  • Executor- someone who carries out directions in a will that deals with financial affairs and assets.
  • Beneficiaries- anyone you name in your estate plan to receive benefits.  
  • Trustee- someone who takes legal ownership of your assets held in a trust and is responsible for managing them.  
  • Successor trustee- someone who takes role of a trustee in the event the original trustee dies or becomes incapacitated.  
  • Guardian- if a minor is involved, a Guardian needs to be appointed in the event both parents die before the minor becomes an adult  
  • Agent (health care)- someone you give the power to make medical decisions for you if you are unable or incapacited. (a health care agent cannot override any preferences you have set in a living will) 
  • Durable power of attorney- a person or people you authorize to make decisions on your behalf when you are not physically or mentally capable. 

  • Be Prepared With Questions

Estate planning can be a tricky process, therefore you should never hesitate to ask an attorney any questions you may have. After all, they are there to help you and make this process as simple as possible !

For assistance on your estate planning needs, contact the Law Office of Inna Fershteyn at (718)-333-2395 for highly qualified advice.