Asset Protection: Protecting the Family Home

Home sweet home! Have you considered the risks that exist to the family home? For most families the home is the largest asset and certain steps must be taken to protect the home from very real challenges. For example, have you protected your home from future exorbitant long term care costs and risks? Have you considered which protection strategy offers the most flexibility and the greatest tax benefits? Are you aware of the risks of leaving the home in your own name and having your family endure the probate process which opens the door to liens, fraud, NYS estate recovery and estate litigation?

Have you taken steps to ensure that you are secure in your home for your lifetime?

Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with over 22 years of experience as he shares how your most precious asset, your home, can and should be protected from life’s risks and challenges.

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How to Protect Assets in a Crisis

An elder care crisis can bring intense difficulty and hardship to the whole family. We often see a crisis strike both the health and financial aspects of our clients and when this occurs, costs and delays will often increase and the planning options usually decrease.

When a crisis does occur, our Elder Care Coordinators will work with the children, support the spouse and advocate for the client while our experienced attorneys will do all that’s possible to protect the financial assets. If done properly, all will not be lost as there are protection strategies that we can implement to secure assets and prevent the family from spending their life savings on long term care.

Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with over 22 years of experience, as he explains the asset protection strategies that exist when a crisis strikes and also learn the important steps that need to be taken beforehand so that the family can be as prepared as possible.

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The Health Care Alphabet: HCP, LW, MOLST, DNR, DNI

Caring for a spouse or an elderly parent is difficult enough without all of the confusing legal and medical terms. Each of these acronyms refers to an important document that is meant to help you and your loved one, not overwhelm you.

What’s the difference between a Health Care Proxy and a Living Will? What is a MOLST? Do I want a DNR or a DNI or both? We hear these questions frequently and want to make sure you know the answers before a mistake is made.

Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with over 22 years of experience, as he clarifies and explains these confusing health care documents so that you can use them properly to help your loved ones.

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Probate: The Why's and How's of Avoiding It

Your time, money and privacy is precious. When you force your family through the probate process, you’re losing all three. And to add insult to injury you’re opening the door to potential identity theft, fraud, unnecessary stress and a loss of control.

The risks associated with probate can and should be avoided. Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with over 22 years of experience as he shares why and how you should plan to bypass this perilous court proceeding.

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The Power of Attorney: Friend or Foe

It is so important to get the right help when the need arises. If the proper planning was done, then an appointed agent will be able to step in and help with all of the confusing financial and legal issues that arise.

Over the years, we have found that the Durable Modified Power of Attorney that is both properly drafted and executed is truly the most helpful and important document – a real friend in a time of need. This necessary tool allows the person you choose to help pay your monthly bills, protect your home and income and even apply for Medicaid benefits to pay for your care.

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How to Pay for Long Term Care

As we age, health care issues may arise that are either “medical” or “chronic” in nature. While our medical concerns, i.e. doctors and hospitals, are covered by our health insurance or Medicare benefits our chronic and long term care needs are not. So what are families to do when Mom needs help with these long term care needs like walking, dressing and bathing? This type of care is very costly and can decimate a family’s life savings if not properly addressed and planned for.

Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with over 22 years of experience, as he shares the advantages and disadvantages of the three different ways to pay for long term care and helps you determine which is best for you and your family.

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The Irrevocable Asset Protection Trust

There are certain risks as we age and Asset Protection has become a necessity. If you or a loved one should need long term care, Medicaid is the program that can pay for a personal care aid within your home or even a nursing home if necessary. However, there are strict financial eligibility requirements and costly waiting periods if you delay implementing your asset protection plan. The Irrevocable Trust is the best tool we have to protect your home and assets.

Join Brian Andrew Tully, Esq., a Certified Elder Law Attorney with 22 years of experience as he simply breaks down the elements and benefits of this trust so that you can easily understand how they work, what assets they can shelter and finally determine if this planning is right for you.

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Medicaid Alert: Drastic Medicaid Home Care Changes Are Coming!

As New Yorkers, we have been able to rely on the Community Home Care program to provide care for our loved ones within our own homes or assisted living facilities for years. We have been able to gain eligibility for this necessary program without a look-back period and without transfer penalties and that’s coming to an end. Beginning this fall, Medicaid applicants will have to meet heightened legal, financial and care standards in order to enroll in the long term home care program.

Join Brian Andrew Tully, Esq. a Certified Elder Law Attorney with over 22 years of experience as he shares the various ways this new law may impact your asset protection and future access to long term home care.

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Estate Planning and Protection in Times of Crisis

This pandemic has us all on edge. We’ve been forced to face our own mortality and what our futures may hold.

With all of these anxieties and unknowns weighing on our minds, one action you can take to ease those thoughts is to establish a comprehensive estate plan. Choosing someone to help with health care decision making and someone you trust to handle your financial and legal affairs are just the beginning of planning and protection in this new world. In addition, protecting your assets and your family from the long term care and public court systems has taken on a new level of importance as families struggle to access care, visit with their loved ones and endure the guardianship and probate processes. Those without the right written plan in place are faced with even more challenges during these very difficult times.

Join Brian Andrew Tully, Esq. an estate planning and elder care attorney with over 22 years of experience, as he explains the need for up-to-date and comprehensive estate planning and asset protection for individuals and families both during Covid-19 and afterwards. He will share which documents and planning strategies are essential for maximizing control, flexibility and peace of mind as well as how we are able to remotely implement your plan without you having to travel to the office.

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