New York Elder Law Attorney

Elder Law attorneys in New York focus on helping seniors with matters regarding Medicaid planning, long-term care planning, guardianships, wills and trusts, estate planning, and special needs trusts. An elder law attorney can help advocate for seniors along with providing legal services to parents, spouses, children, among other family members. An experienced elder care lawyer understands that each client has their own unique circumstances and works closely with all clients to make sure that all matters are resolved.

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Elder Law Issues We Address

  • If you have concerns about any of the following issues, an attorney can help you
  • You are concerned with what will happen to your assets and the best way to carry out your estate planning
  • You are looking to prepare a will or set up a trust, or another estate planning instrument
  • You are concerned with the current long term care plan for yourself  (or lack thereof) or your elders and how care will paid for
  • You want to know more about who would take care of you if you are no longer able to do so yourself in the future
  • You want to make sure that your wishes are carried out if you become incapacitated, disabled or unable to care for yourself
  • You would like to know more about the long term care options available to you as an elderly person
  • You are concerned about affording long term care and want to protect your assets while qualifying for Medicaid benefits
  • You are worried about who will make decisions on your behalf if you become incapacitated and do not have appropriate legal documents in place
  • You suspect that you or a loved one are being financially exploited or taken advantage of

Call (718) 333-2394 or contact us online to set up a consultation with our principal elder care and elder law attorney in NYC.

Why You Should Hire an Elder Law Attorney Right Now

Now is the opportune moment to hire an Elder Law Attorney due to several critical reasons. Firstly, with aging demographics, addressing legal matters related to elder care sooner rather than later ensures comprehensive planning and protection of assets. Secondly, navigating complex legal frameworks such as Medicaid eligibility and estate planning requires specialized expertise that an Elder Law Attorney possesses. Additionally, early consultation allows for the implementation of strategies to mitigate tax liabilities and maximize benefits. Furthermore, unforeseen health crises can occur unexpectedly, highlighting the urgency of having legal affairs in order beforehand. Lastly, proactive engagement empowers individuals and families to make informed decisions, safeguarding their well being and financial security as they age.

Major Changes to Elder Law in 2024

What is Elder Law?

Elder law is an area of the law that helps people who are planning to retire, people with disabilities, people who may need medicaid services or people who are worried about Nursing home costs. New York Elder law attorneys are specialists in the needs of seniors and elders with regard to estate planing, asset protection, medicaid planning and family law in the State of NY. As our loved ones age and become seniors, we have many questions around finances, assets, estates, health care and long term care, to name a few.

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Types of Legal Matters Common With Elder Law:

In the practice area of elder law, there is no one specific type of case that an elder care attorney deals with. Rather, elder law is focused on a particular type of client, which are older clients and their specific needs as they approach a certain age. The Law Office of Inna Fershteyn is committed to working with our elderly clients to mitigate and help with problems or needs that may arise as they get older. As an elder law attorney who has been in practice for over 22 years, attorney Inna Fershteyn handles a vast variety of legal matters which include, but are not limited to:

Estate Planning

Estate planning and elder law often overlap because as individuals age, their estate planning needs may change. Elder law attorneys can help seniors create comprehensive estate plans that address their specific needs and goals, taking into account factors such as their health, financial situation, and family dynamics. This can include setting up trusts or guardianships for incapacitated or disabled loved ones, planning for long-term care, and ensuring that healthcare decisions are made in accordance with their wishes. Estate planning aims to ensure that seniors are protected and their wishes are respected as they age. A comprehensive estate plan that takes into account both estate planning and elder law considerations can provide peace of mind for seniors and their loved ones.

Long-Term Care

As individuals age, they may experience physical or cognitive decline that makes it difficult or impossible to perform certain tasks on their own. Long-term care (LTC) can provide elders with the assistance they need to continue living at home, in a community setting, or in a care facility, depending on their needs and preferences. Long-term care is important for seniors because it can provide them with the support they need to maintain their independence and quality of life as they age. Long-term care encompasses a wide range of services and support, including assistance with activities of daily living (ADLs) such as bathing, dressing, and eating, as well as medical care and social services. Since long-term care can be costly, an elder law attorney in New York can help you protect your hard earned assets while allowing you to qualify for government assistance that covers LTC.

Asset Protection

Elder law attorneys can help seniors develop comprehensive asset protection plans that address their unique needs and goals. This can involve structuring their assets in a way that protects them from potential creditors, minimizing tax liability, and ensuring that their assets are distributed according to their wishes. In addition, asset protection can help seniors qualify for government benefits, such as Medicaid, which can help pay for long-term care costs. Elder law attorneys can help seniors navigate the complex eligibility requirements for these benefits and structure their assets in a way that complies with the rules.

Senior Guardianships

Senior guardianships are an important legal tool used in elder law to protect vulnerable seniors who may be unable to make decisions for themselves or manage their own affairs. Elder law attorneys often assist families with establishing guardianships and advocating for the rights of seniors under guardianship. In addition, elder law attorneys may be called upon to represent seniors who are under guardianship and advocate for their rights and interests. This can include challenging a guardianship if it is no longer necessary or in the best interests of the senior or advocating for changes to the guardianship arrangements to better meet the senior’s needs.

Wills and Trusts

Wills and trusts are important components of elder law, which is a legal practice area that focuses on the legal issues affecting seniors and their families. Elder law attorneys often work with clients to create comprehensive estate plans that include wills and trusts as well as other documents that are important for seniors, such as durable powers of attorney, health care proxies, and living wills. Wills and trusts are important tools for seniors who want to ensure that their assets are distributed according to their wishes after they pass away.

Special Needs Trusts

A special needs trust is a legal arrangement in which a trustee holds and manages assets for the benefit of a person with a disability, who is referred to as the beneficiary. The purpose of a special needs trust is to provide for the beneficiary’s needs without affecting their eligibility for government benefits, such as Supplemental Security Income (SSI) or Medicaid. Elder law attorneys may work with families who have a loved one with a disability to create a special needs trust as part of their estate planning. The trust can be used to hold assets that will be used to provide for the beneficiary’s needs, such as housing, transportation, medical care, and education. By placing the assets in a special needs trust, the beneficiary can still qualify for government benefits, which are often essential to their quality of life.

Medicaid Planning

Elder law attorneys may work with seniors and their families to create a Medicaid plan that includes strategies for asset protection, such as transferring assets into a trust, purchasing exempt assets, and spending down assets in a way that maximizes eligibility for Medicaid benefits. Medicaid planning can also involve identifying sources of income that may be exempt from Medicaid’s income requirements, such as certain types of annuities or trusts. Medicaid planning can be complex and requires a thorough understanding of both federal and state laws and regulations. Elder law attorneys can provide guidance and support to seniors and their families in navigating the Medicaid planning process and ensuring that their assets and income are structured in a way that maximizes their eligibility for Medicaid benefits.

Medicaid Fair Hearings

Serving Brooklyn, Bronx, Queens, Staten Island & Manhattan in New York City



How NYC Elder Law Attorney Inna Fershteyn, Esq. Will Help

As the firm with the highest elder law attorney ratings in NY, we have over 26 years track record of providing personalized attention to those in need. If you have loved ones, family and friends who are entering the senior years of their lives, The Law Office of Inna Fershteyn will help you:

Our Attorney’s Elder Law Credentials

  • Over 26 years of Elder Law expertise
  • Listed among “The Best 10 Lawyers near Sheepshead Bay, Brooklyn, NY” on Yelp 
  • Recognized as a top rated Brooklyn wills and trusts attorney on Yelp
  • 5 Star Rating and Over 240 Positive Reviews
  • Certified Elder Law Attorney 
  • 10.0 rating on Justia
  • 10.0 rating on Avvo 
  • Licensed in New York and New Jersey; assisting clients throughout the Tri-State Area including Long Island

Long Term Care Fair Hearings In New York

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Our office represents clients at Fair Hearings pursuant to Section 22 of NY Social Services Law when our clients have been enrolled in a  Managed Long Term Care Program and have been receiving care and services, including Personal Care Services, through a Medicaid Managed Long Term Care Health Plan operated by GuildNet or other Manager long Term Care Providers.

Elder Law Facts 

  • Elder Law sets itself apart from traditional estate planning by its specialized focus on legal matters directly related to aging individuals. (Source)
  • Elder abuse refers to actions or neglect that harm individuals aged 60 or older. It can happen in trusted relationships or target elders due to their age or disabilities. Abuse can be intentional or unintentional and may include emotional, physical, sexual, or financial harm, as well as neglect or abandonment. (Source)
  • The average monthly cost of assisted living in New York State is $4,185, varying depending on location and services provided. (Source)
  • New York’s estate tax exemption for 2024 is $6,940,000 per individual, with estates exceeding this amount subject to taxation. The state also imposes an inheritance tax on specific beneficiaries. (Source) 
  • In New York, anyone suspecting elder abuse, neglect, or financial exploitation can anonymously report to the state’s 24/7 hotline at 1-800-342-3009 or via the state’s website. (Source)
  • If you die without an estate plan, you relinquish authority over the distribution of your property. In such cases, your state’s intestacy laws govern the division and transfer of your assets. Establishing an estate plan is essential to guarantee that your cherished possessions are allocated according to your wishes and timeline. (Source)
  • A will goes into probate after the death of the individual who made the will. In New York, the probate process typically takes around 9-18 months to complete, but it can vary depending on the complexity of the estate and any potential disputes or challenges that arise. (Source)
  • In some cases, individuals may choose to create trusts or utilize other estate planning tools to avoid probate altogether. This can help streamline the distribution of assets and maintain privacy, as the details of trusts typically remain private compared to probate proceedings, which are public record. (Source)
  • Elder Law Attorneys are typically elders themselves

Frequently Asked Questions

Contact Our New York Elder Law Attorneys Today

At The Law Offices of Inna Fershteyn, we are dedicated to helping seniors obtain quality care and elder law services in New York. Our attorneys will provide comprehensive counsel in estate and Medicaid planning. Contact us today to discuss your goals. Call (718) 333-2394 or contact us online.


Our Office Has More Reviews Than Any Other Firm & 22 Years Of Experience Working With Clients Like You. If You Are Searching “Certified Elder Law Attorney Near Me”,  Call (718) 333-2394 Today!

“Inna Fershteyn is exactly who you want to have on your side. She has a thorough knowledge of the Elder Law, impeccable reputation and reliability, and empathy and kindness to her clients.” – Irina L., Manhattan

“If you need an estate plan, elder planning, Medicaid planning, or any type of family estate asset protection, give Inna a call. You’ll be glad you did!” – Michael P., Brooklyn

“Best Elder law attorney in NY!!!  Amazing experience, very happy and I highly recommend her office. My husband and I needed to do Estate planning for my family and to appoint guardians for our minor kids. I asked my friends for a recommendation and more than one person (already a good sign) recommended Inna Fershteyn as the best estate planning lawyers in NY.  I went online and googled her and found more than 30 amazing reviews under her name so I felt pretty good about the recommendations and decided to try her out. – Alexandra G., Brooklyn“Best elder law and trust and estate attorney in NYC highly recommended for all your trusts and wills and living wills questions. She is highly knowledgeable and very easy to deal with. She cares deeply about each and every client and does what she does best-helps you with your problems.” Boris Y., Brooklyn


A 72 year old client contacted our office because her husband became disabled and was no longer able to walk or care for himself.  She recently lost their son and grandson in a car accident and aside from herself, there was no one who could take care of her husband.  She was in dire need of a home attendant for her husband, but because of several bank accounts and 2 IRA and retirement accounts under their names that were more than $300,000 the client and her husband were not eligible to receive Medicaid and Home Care aide in NY.  Attorney Inna Fershteyn drafted a special Irrevocable Trust to move $300,000 from her name and also put together a Pooled Income trust to shelter additional $3,000 of monthly income which was above the $2,268 monthly income level available to Medicaid recipients in NY.   The client and her husband qualified for NY community medicaid and were also awarded Home Care Hours of 12 hours for husband and 6 hours for wife daily.  The client was able to stay home and avoid nursing home and the income and resources that client had were sheltered in a special Medicaid Asset Protection Trust.  The client made the right decision to contact Attorney Inna Fershteyn – one of NY best Elder law attorneys.

Recently, a 70-year-old widow faced uncertainty about affording potential long term care as her health declined. With limited retirement savings and concerns about nursing home costs, she sought assistance from an elder law attorney. After getting in contact with our office, this client met with Attorney Inna Fershteyn and they assessed the women’s finances and health needs to determine her eligibility for Medicaid. Through careful planning, including asset protection strategies and guidance on the Medicaid application process, this woman was able to secure benefits while safeguarding her home and assets for her children. With attorney Inna Fershetyn’s support, this client gained peace of mind knowing she could access necessary care without compromising her financial legacy.


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For more information about elder law in New York please call the Law Office of Inna Fershteyn at (718) 333-2394
and schedule a consultation with our Brooklyn elder law attorney.