Newburgh NY Legal Services
Our attorneys at Glenn & Breheney PLLC serve the Hudson Valley with Medicaid planning, estate administration & more!
When a loved one passes away, everyone at Glenn & Breheney PLLC is here for you: we work hard to provide compassionate help and effective legal services during your time of need.
The legal process of transferring a person’s assets after his/her death is known as Estate Administration. Probate is a part of the Estate Administration process. During probate, the deceased person’s Last Will and Testament is presented to Surrogate’s Court, and the Heirs at Law are notified and informed of the Will. When the Court determines that all is in order, the Executor is appointed. Then estate bills are paid, tax returns are filed, the assets are distributed according to the Will’s instructions, and, generally, the estate is closed after the assets are distributed.
If one does not have a Will, then his or her estate is handled with an Administration Proceeding in Surrogate’s Court. An Administrator is appointed to represent the estate, conduct estate business, and distribute the assets according to New York Law.
Trust Administration is the process where a trustee manages and distributes assets in the manner dictated by the terms of the trust instrument. While Estate Administration can span a period of many months, Trust Administration can span a period of many years, depending on the situation. Whether the Creator of the Trust is still living or is deceased, we ensure that the trust assets are properly managed according to your wishes.
At Glenn & Breheney PLLC, we strive to address all of your concerns, helping you to prepare for unplanned illness or disability and ensuring that your assets pass in accordance with your wishes. By working together, we can avoid problems before they arise.
At our office, we work with all generations, and depending on your situation, we will create a plan designed to fit you: rather than consider your questions and concerns in a piecemeal fashion, we create comprehensive plans. While Wills and Advance Directives (such as Health Care Proxies and Powers of Attorney) play an important part in your Estate Planning, we also offer a variety of other services tailored to meet your individual needs. With the help of our office, you can learn about and implement asset protection, revocable and irrevocable trusts, Medicaid planning, tax planning, and the many other legal options available to you.
Through one–on–one conferences, we will learn about you and your family, developing an important understanding of the relationships that matter to you. We will analyze your assets and recommend effective distribution in accordance with your goals. Once we have done this, we will construct and organize an effective program to make sure that your needs and wishes are met.
Under Article 81 of the Mental Hygiene Law, a guardian may be appointed for a person who lacks the capacity to provide for his or her own needs when there are no advance directives in place to manage financial or personal matters. We frequently represent family members and others in the appointment of a guardian for their loved ones with diminished capacity.
We have been involved in countless Guardianship matters over the past decade, acting as Court-appointed counsel to the Alleged Incapacitated Person (AIP) and as Court Evaluator, or representing Petitioners, Objectants, and Guardians. The Court Evaluator, a key role in most Article 81 Guardianships, investigates petitioners’ claims and interviews subject AIPs and parties to the proceeding. The evaluator makes a report to the Court, providing relevant factual information, and recommending whether the need for a guardian exists and who can be appointed. Often the court will appoint counsel for an AIP to insure that his or her rights are protected.
When we represent individuals who wish to become Guardians, we take the time to gather the all relevant facts, determine whether alternatives to Guardianship exist, and advise the client of potential issues which may arise. We guide the client through the Court process, facilitating the desired outcome. We assist with obtaining educational and bond requirements and help the guardian to develop a care plan. Once the Guardian appointment is commissioned, we continue to represent, counsel and assist our clients with their fiduciary duties, such as preparing and filing initial and annual accountings, and protecting or selling property if needed to pay for their ward’s care.
We also represent individuals who are adverse parties in a proceeding, family members, care providers, even persons who are alleged to be incapacitated, though they are not.
When presented with life-altering situations due to medical or other conditions, Seniors and their families are often overwhelmed, even confused, by the process of qualifying and obtaining Medical Assistance (Medicaid) and other benefits. We counsel our clients on the requirements for qualifying for long-term care benefits provided by local and State agencies. In that regard, we address both long-range and immediate needs.
Long term care needs and planning for that possibility is a pressing issue for our growing senior population. Whether a person is single or married at the time long-term care is required will be a key factor in devising a plan.
Spousal Medicaid rules differ vastly from Individual Medicaid rules. That said, all applications for nursing home Medicaid involve a 5-year “look back” period. Disclosure of all financial transactions during the five-year period before an application is submitted is required. Prior to initiating a Medicaid application, we meet with the client for a thorough intake to assess eligibility. If needed, we recommend strategies for spending down excess assets and maximizing (or minimizing) income to reach allowable Medicaid levels.
Our Medicaid team handles the process so that the client can focus on caring for their ailing or disabled loved one. Prior to submission of an application, we review, collate, and prepare the application materials. We take the time to address potential “red flags” based on the information the client provides before we present the Medicaid Application to the DSS Medicaid Unit. Our competent paralegals work closely with clients, assisting with obtaining documents and managing the application process. Once the application is submitted we work to clarify issues, submit supplemental documentation if requested, and connect with the Unit case worker until the application process is complete.
At Glenn & Breheney PLLC, we have many years of experience representing buyers and sellers of residential and commercial real estate. We facilitate the process from generating a contract for a sale or reviewing and negotiating a contract for a purchase to dealing with lenders’ requirements, title issues, and survey reviews. We maintain an active role from the beginning of the transaction to the closing of title because we want you to be properly represented. After the closing, we compile all the documents relating to your transaction in a booklet for you and your tax preparer’s use.
Making sure that you receive the result that you want requires a lot of work, and experience is a key part of avoiding any unnecessary obstacles. We pride ourselves on doing a conscientious job.
In addition to helping individuals and families, we are also committed to helping small and family businesses. At Glenn & Breheney PLLC, we can guide you through the process of establishing a corporation or creating a limited liability company (LLC) as well as help you to create and maintain corporate and LLC records. Forming a corporation or a LLC provides you with certain protection from liability and makes your business a separate legal entity that will continue even if one or more owners dies or otherwise leaves the business. Limited liability and potential tax benefits for you makes the creation of such an entity an important estate planning tool.
We are available to discuss your options concerning establishing a corporation or a limited liability company and how creation of such an entity may be a useful part of your estate and business plan.
A Trust is a legal arrangement that transfers assets to a Trustee to hold and manage for Beneficiaries according to instructions that are given in a Trust document. They have many uses in estate planning and are created for various reasons, such as: to hold assets for the benefit of a minor or a person with disabilities; to hold assets for the benefit of a loved one who is not able to manage assets prudently; to provide annual income to beneficiaries while preserving principal for future generations; to hold assets that supplement governmental benefits; to ensure proper asset management; to hold insurance policies as a means for wealth replacement; and to provide privacy and peace of mind to the person creating the trust.
Because trusts have many different functions, there are many different types of trusts, and each has a design that reflects its purpose. For example, trusts may be created during lifetime (a Living Trust) or in a Will (a Testamentary Trust). Some trusts are irrevocable, meaning they cannot be changed, while others are revocable, meaning the Trustee, Creator, or Grantor of the Trust has the power to alter it or even revoke it.
Irrevocable Trusts may be established for tax planning, asset preservation, or other purposes. Common uses for Irrevocable Trusts include trusts established to own one or more insurance policies as a means of wealth replacement in Estate Tax planning strategies or Medicaid trusts established to protect assets from potential nursing home costs. A common revocable trust is one that holds assets to allow the client’s estate to avoid probate.
We at Glenn & Breheney have many years of experience analyzing clients’ plans and making recommendations as to how a trust can be a key part of an estate plan.
Let’s face it, most people want control over what will happen to their hard–earned assets even after they die. The Will is the most frequently used device to carry out a person’s last wishes. One should not assume that, absent a Will or Trust, their assets will pass automatically to those they would want to inherit their property. Often, people think the State will “get everything” if there is no Will. That is a popular misconception. In fact, the law provides that certain family members will inherit in the absence of a Will. However, the law which determines who will inherit your property if you die without a Will may not provide for the individuals you want to inherit from your estate.
Whether you need a simple Will or something more complex, the attorneys at Glenn & Breheney have the knowledge and experience to help their clients achieve the result they want. We lead our clients through the many options in creating a Will, such as, special gifts, dividing the estate into parts or shares, dealing with complex estate and income tax issues, providing an alternate plan if one or more of the beneficiaries of the Will predeceases the maker of the Will, and appointing the representative (an executor and, if necessary, a trustee) to carry out the client’s directions. We discuss ways to utilize a Will to handle important issues based on the client’s particular circumstances, for example, the appointment of a Guardian for minor children, or fashioning testamentary spendthrift trusts. We have the experience and caring attitude to guide our clients through alternatives to handle sensitive issues. We are able to facilitate the making of a Will which satisfies the client’s wishes and goals.