Serving NYC, Brooklyn, Bronx, Queens, Staten Island & Manhattan
Estate planning lawyers at the Law Office of Inna Fershteyn and Associates, P.C. focus on reducing your taxes, protecting your assets, and using tax law to your advantage. For almost 20 years, Clients put their trust in Inna Fershteyn, whose outstanding record has earned the firm over 190 positive reviews online.
Free Consultations, Free Case Review and Flat Fee Retainers Are Available. Call (718) 333-2394 Today.
If you reside in the New York area, the five estate planning documents below will provide the foundation for your estate plan. If you already have these documents, we suggest reviewing them and making sure that they are up to date with New York estate tax laws as changes do occur. Do you have an Estate Planning question? Call us at (718) 333-2394 or contact us online or via Chat below for an immediate Estate Planning Consultation with a 5 Star rated estate planning attorney Inna Fershteyn, Esq.
We Can Work Remotely, Notarize & Execute Your NY Estate Planning Legal Documents: Due to the Corona Virus outbreak in NY, all legal estate planning documents can now be virtually executed and your signature notarized via video conference with an estate planning lawyer. As emergency measures to assist clients with drafting wills, power of attorney, healthcare proxies, pooled income trusts and obtaining home care aid under urgent Medicaid home care application package, we are available from 8 am to 8 pm and can prepare any emergency asset protection and elder care documents within 24 hours. If you need to contact us urgently, please send us a message here.
Recent estate planning document signing with clients
Brooklyn Elder Care Lawyer Services
The practice of elder law focuses on meeting the legal needs of our elderly and disabled senior citizens. Our Elder care legal services include three major components: estate planning and asset protection, Guardianships and Medicaid and Medicare planning.
Estate Planning and Asset Protection
Estate planning deals with critical matters such as figuring out how you can leave your assets and property to your loved ones without court proceedings as well as how you can reduce the estate tax liability for your beneficiaries. A comprehensive estate plan will also address matters regarding who will make medical decisions for you if you are unable to make or communicate them yourself, and how your medical expenses and health care expenses will be covered in your later days. An elder law attorney in Brooklyn will help you draft all the estate planning essentials including a Last Will and Testament, Revocable and Irrevocable Trust and Advance Directives such as Living will, Health Care Proxy and Power of Attorney.
Guardianships for the Elderly
A guardianship is a legal proceeding in which a court determines whether or not a person is capable of making reasonable decisions regarding their finances and general welfare. If the court concludes that the person in question is indeed unable to make such decisions, a guardian can be appointed to make decisions on behalf of the individual, the property they own or both. With over 20 years in the field, the Law Office of Inna Fershteyn can help you with the long process of petitioning the court, complying with court orders as well as representing you in a guardianship so that you or your loved one are well taken care of in your later days.
Medicaid and Medicare Planning
Medicaid is a joint federal & state funded program that provides free or low-cost medication and medical services to more than 6 million low income seniors every year. Licensed elder law attorney Inna Fershteyn can help you plan your Medicaid Eligibility and address Medicaid look-back provisions ahead of time to protect your assets from nursing home costs and to make you eligible for Home Care Aid Medicaid as soon as possible.
URGENT NEWS: Major Changes to Community Medicaid Effective October 2020
New York Medicaid has announced major changes to its long-term community Medicaid program, which covers the cost of care at home. Starting in October, 2020, there will now be a 30-month (or 2.5 year) "look-back" period for people applying for community Medicaid. That means that Medicaid will "look back" at financial transactions made during the 30-month period before the date of application, and impose a penalty for any gifts and similar transfers made during that period.
Medicaid's Home Health Care programs will also be changed. The affected home care programs are Personal Care Services and Consumer Directed Personal Assistance Program. Under the changes, a Medicaid applicant must require assistance with at least three activities of daily living (ADLs), except for individuals with a diagnosis of dementia or Alzheimer’s (who can qualify for services with only one ADL). In addition, Level 1 personal care, which provides assistance to disabled individuals with chores as shopping, laundry and meal preparation, will be eliminated.
To URGENTLY apply for Medicaid under existing rules to eliminate the need for 2.5 yr. wait and to qualify for Home Care Aid under existing rules CALL 718-333-2394 or email us at email@example.com
Devoted to Estate Plans. Dedicated to Clients. We Create, Maintain and Update Estate Plans.
Planning your estate involves difficult decisions about private matters related to the disbursement of property and assets. Our estate planning lawyer Inna Fershteyn, Esq. will work closely with you to develop an estate plan that will address your concerns, which may include:
- Disposition of your estate
- Asset protection, asset management & the division of assets
- Health care decisions
- Tax considerations
- Retirement plan
The Five Essential Estate Planning Documents You Should Have
A will is a legal document used to express your last wishes. It dictates how your estate will be allocated after death.
2. Durable Power of Attorney
This gives an individual the ability to make decisions in the case you become incapacitated and cannot handle matters yourself.
3. Healthcare Power of Attorney
This legal document allows you to appoint a trustee to make decisions about your healthcare if you become unable to do so.
4. Living Will
This legal document states your expressed wishes for medical care if you were to be under certain medical circumstances.
5. Revocable Living Trust
Revocable living trusts are a popular estate planning tool used to determine who gets your estate after your death.
How An Estate Planning Law Firm In NY Will Help You: Actions We Will Take On Your Behalf
No two estate plans are quite alike, but all require some or all of the following twelve actions to be taken with your estate planning attorney:
- Inventory property to determine what you own and what you owe.
- Understand how your property is owned.
- Name beneficiaries.
- Identify strategies to avoid probate or to reduce the amount of property which must pass through probate court.
- Create a will / draft a Last Will and Testament.
- Use trusts, if necessary.
- Evaluate insurance policies.
- Identify strategies to minimize taxes and expenses associated with the distribution of your estate.
- Select professionals to assist with the development of an estate plan.
- Review and update your plan as the need arises.
- Plan for the expenses of your funeral and burial or other form of body disposition.
- Plan for liquidity of assets to pay debts.
These actions ensure that property will go to those you select in an orderly and economical fashion, but most importantly, they will ease the administrative burden placed on your survivors who are already trying to deal with the emotional trauma of death. You will also avoid costly mistakes, which we document below.
6 Common Estate Planning Mistakes To Avoid
Have you evaluated your family’s estate planning and elder law needs? Our estate planning attorneys have put the following list together for you. The six most common estate planning mistakes made are:
1. Not Having an Estate Plan
This is the #1 common estate planning mistake. However, death is inevitable. With careful planning, you can make sure that your personal and financial affairs are handled properly after your death.
2. Forgetting to Update Your Will
During your lifetime, many changes can occur including new births, adoptions, marriages, divorces, and the acquisition of new property. It is important to update your will so that you can account for these changes.
3. Putting Your Child's Name on the Deed
By placing your child's name on the deed to your home, you are giving your child financial headaches as he or she will have to face high estate taxes. Consider creating an estate plan that passes on the home through an inheritance.
4. Choosing the Wrong Estate Executor
Sometimes people choose a spouse or child to be the executor of the estate. However, there may be someone else that can handle your estate when you are gone who is not as personally invested and is able to handle the extensive duties better.
5. Not Planning for Disability
An estate plan also helps you plan for unexpected or long term disability as well as any lon. Without proper planning for disability, you may have greater personal and financial consequences to face. Therefore you should consider appointing a power of attorney or a living trust to address these circumstances.
6. Not Meeting with an Estate Planning Attorney
Without a professional estate planning attorney, you may create an improper estate plan. If you have complicated assets or doubts about creating your own estate plan, you should consider meeting with an attorney for estate planning.
Experienced And Compassionate Estate Planning Lawyer Serving New York City: Contact Us
Our law office provides a full range of estate planning services and tools for estates of all sizes. Contact Inna Fershteyn today to arrange your initial consultation with an experienced estate planning lawyer. Call (718) 333-2394 or reach us using our contact form. Licensed in New York and New Jersey.
NY Estate Planning VIDEO Guide
5 Most Frequently Asked Estate Planning Questions
- What assets can I transfer into my Trust?
Any property real or personal can be transferred into the trust with the exception of the IRA plans and Life Insurance policies. Although you cannot transfer your IRAs into the trust there are ways to ensure that the IRA funds will be received by the beneficiaries even if the beneficiaries are minor children. An experienced estate planning attorney will explain the process to you in great details and complete all transfers into the trust in accordance with applicable state law. Law Office of Inna Fershteyn and Assoictates, P.C. represents clients in their estate planning even if the property is located in NY, NJ, PA, CT, FL, CA, WA and other states.
- Why should I do the Trust? Can I just transfer the title to my real estate to my children?
It is never a good idea to just transfer a deed from one name to another. By transferring your assets outright you are not only making a gift which is a taxable event, but you are also incurring real estate transfer taxes and other fees that can be easily avoided with proper estate planning from an experienced trusts and estates lawyer in New York. Moreover, the person who receives a gift outright will automatically inherit donor’s tax basis on the property which could have appreciated in value significantly over the years. This will in turn cause capital gain taxes to be much higher than if the property were to pass to the same person through a Will or a Trust. The estate tax lawyer at the Law Office of Inna Fershteyn and Associates, P.C. can help you accomplish the same goal of transferring property to your loved ones and reduce tax burden, but do it as a tax exempt transaction and with minimal capital gains.
- Will Medicaid take my house if I get into a nursing home or other long term care facility?
The answer depends on your particular situation. If you live with your spouse and only one of you gets into the nursing home without proper elder care planning in place, the house will remain in the other spouse’s possession during his life. However, the Medicaid can put a lien on the house if the proper Medicaid planning is missing. Thus, losing your home to pay back to Medicaid is a real possibility. At Law Office of Inna Fershteyn and Associates, P.C. we specialize in medicaid planning, elder law planning and asset protection for over 18 years. Our experienced attorneys will evaluate your long term care needs and will find optimal solution for you and your family to protect your estate from nursing home claims.
- How long does it take to probate a Will? How much shall my beneficiaries pay to put my Will through probate?
In New York probating a Will may take anywhere from 12 to 18 months. Unfortunately Kings county probate is the most complicated and cumbersome process. Probate fees and expenses will depend on the value of the estate, and can range from $600- $10,000 depending on the amount of assets that estate has. Law Office of Inna Fershteyn and Associates, P.C. are experienced Kings county and New York county probate attorneys and have been representing clients in NY Surrogate court for over 18 years. Call our office at 718-333-2394 to save time and money on probate proceeding in the state of NY.
- What is a difference between a Trust and a Will?
The simple answer to this question is a will has to undergo a process of “Probate” in the surrogate's court of the state where the decedent died, which is a long and complicated procedure no matter what state you are in. In New York, it takes over one year to probate the will and the cost of such probate can be as high as 6% of the value of the entire estate. The will is not valid unless it is probated and the letters of testamentary are issued. A Trust does not need to go through probate and allows your beneficiaries to get access to your estate immediately after the death of the settlor of the trust without going through any court proceedings. While it typically costs more to set up the trust than draft a will, a trust is a more cost effective way of owning your assets and allows one to pass its estate to the beneficiary without extra expenses of probate. A trust also becomes effective on the day of its creation while a will is only legal on the day when the Surrogates court “validates the will” and issues letters of testamentary.
I live in NYC. Do I Need Estate Planning?
Estate planning is the arrangement for the orderly transfer of your assets after your death. The ideal estate plan created by an experienced estate planning lawyer will minimize taxes and expenses and will avoid the probate process altogether to make sure that the assets reach intended heirs as soon as possible.
Some mistakenly believe that an “estate plan” is a single document with a standardized format drawn up by an attorney. It’s not. An estate plan is a highly individualized set of documents created by an experienced trust and estate lawyer based on your unique situation and circumstances.
Other common misconceptions are that estate plans are only for the wealthy or those in their later years of life. This is also a false assumption. Who can define “wealthy” and who can predict when his or her last year of life will occur?
Law Office of Inna Fershteyn and Associates, P.C. understands that estate planning is personal. The best trust and estate lawyers in New York will work diligently to ensure that individual concerns are carefully addressed and goals are met. With our extensive knowledge of trust and estate administration, we will work with you to develop a comprehensive estate plan and offer knowledgeable guidance that will give you peace of mind as well as secure your family’s future.
For estate planning help, contact us today! Call (718) 333-2394 to set up a consultation or contact us online. Call (718) 333-2394 to set up a consultation or contact us online.
Estate Planning Case Closed
The client's father died, his name was on the deed to the house that was worth 1.5 million dollars. He was survived by his second wife and his two kids from a prior marriage. There was a concern that after step-mother’s death her step kids will not receive their share of father’s estate as they are not blood relatives of their step mother. There was also a concern of potential estate litigation as step mom’s relatives didn’t want his kids to inherit. Stop mom also wanted to leave part of the estate to her own 2 sisters who had kids if their own.
Our office took all these concerns into account and has created a comprehensive estate plan for the family geared towards protecting step children and avoiding probate and any potential challenges.
We created a Revocable Living Trust, left one share of the estate to each surviving stepchild and one share of the estate to the step mother’s sisters. Together with a Will, Living Will, Health Care Proxy, Power of Attorney, and Revocable Trust, we were able to ensure that when step mother dies, the estate will pass to the Beneficiaries avoiding probate and any litigation. We also minimized any potential tax consequences.
Medicaid Fraud Case #1 Closed with HRA Medicaid Fraud Office, 375 Pearl Street, New York, NY
A young man was accused of medicaid fraud. He initially applied for Medicaid as he was not making a lot of money and suffered from severe medical problems. However, when his income increased, he didn’t report the increase to the HRA office, which constituted Medicaid fraud. He was served with fraud investigation letter from the Manhattan Bureau Of Fraud Investigation located at 375 Pearl Street, New York, NY and attended initial fraud interview himself which made matters worse. When we were retained client was facing $30,000 repayment amount and potential criminal fraud charges. We were able to settle the claim, illuminate fraud charges and agree to repayment amount of only $10,000 at of $87.00/month.
Medicaid Fraud Case #2 Closed In HRA Medicaid Fraud Office, 243 Schermerhorn Street, Brooklyn, NY
A single mother with a three your old child was accused of Medicaid fraud, because she didn’t provide the correct information on her Medicaid application. She was prosecuted by the Brooklyn Bureau Of Fraud Investigations, located in 243 Schermerhorn Street, Brooklyn, NY. After receiving a notice of investigation she retained our Medicaid Fraud attorney. Our office helped her to avoid criminal prosecution and to close this case successfully with “0” pay back instead of the original claim amount that was $7,324.00.
Criminal Medicaid Case Closed, DA’s Office (Criminal Investigation), 80 Centre Street, New York, NY.
Husband and wife both faced felony charges as their case was already referred to DA’s office for criminal investigation by Brooklyn HRA office of the investigation. Clients were accused of fraudulent welfare act and were charged with Welfare Fraud in the Second and Medicaid fraud the Fifth Degrees. The claim amount against them was $90,000.00 with 2 possible felony convictions.
Our criminal Medicaid fraud attorney was able to reduce the felony charge to just a violation and for only 1 person instead of 2. The repayment amount was also reduced to $40,000 from original $90,000. In the few months the case was successfully closed.
ESTATE PLANNING TESTIMONIALS
"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 on line 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.
"There is no one I would trust more than Inna to handle my families estate planning. She explained everything to us and answered all questions in the appointment that we had with details. She clearly knows what she is talking about, which made us feel that much more comfortable hiring her. The paperwork was all done very efficiently, not to mention her services were very fairly priced. If I ever need legal advice or any services for me or my family, I definitely will be coming to Inna again!" - Jen K.
"Did our estate planning/trust with Inna. She is very knowledgeable, professional and explains very clearly. Would recommend her to everyone and will sure to be back in the future. Thank you!!!" - Elvira I.
"I came to Inna Fershteyn office with my parents to do our family's estate planning. We are very impressed by how attorney conducts her business and her knowledge. She was very direct and straight to the point. I would definitely recommend her office to anyone who is looking for attorney's help." – Anton L.
"Very good professional. I hired her for Estate planning and she was extremely helpful in such complex process. The staff is very professional too. Highly recommend her! Excellent service!" – Angela R.
ESTATE PLANNING ARTICLES
- Wills & Prenups – Which Takes Priority?
- Will My Advance Directives Be Valid In Other States?
- Survivorship Requirement – What If My Beneficiaries Pass Away?
- Estate Essentials: What Do I Name My Trust?
- Estate Essentials: What Do I Include in My Explanatory Letter?
- 10 Don’ts of Estate Planning
- Meeting your Estate Planning Attorney: 5 Things to Prepare
- Top 3 Reasons Why You Should Do Estate Planning
- The Importance Of Estate Planning: Myths Debunked
- Estate Planning Importance Myths Infographic
- Four Common Mistakes That Can Derail Your Estate Planning
- Top 4 Reasons Why Everyone Hates Probate
- Common Mistakes People Make To Avoid Probate
- 5 Steps to Ensure Financial Stability for your Elders
- Even Your Sperm Needs A Will
- More Than 50% of Americans Have No Will
- Digital Assets and Estate Planning: 4 Things You Need to Know