ESTATE PLANNING

AND

ELDER LAW WEBSITE

Updated April 12, 2012

Law Office of D. Victor Pellegrino
2627 Genesee Street, Utica, New York, 13501
Phone: (315) 733-0417 Fax: (315) 792-8075
Email: DPellegri@aol.com
Follow me at www.Twitter.com/DVICTORPELLEGRI
Follow me at www.facebook.com

"Protecting The Assets of Seniors and Their Families For Over Thirty Five Years"

Mission Statement:

Hello, my name is Dick Pellegrino and I would like to welcome you to my Estate Planning and Elder Law web site. The purpose of this website is to provide useful information about Estate Planning and Elder Law to the lay person in plain English.

The focus of my law practice is Elder Law, which covers:

Planning a client's legal, tax and financial affairs in case a client has to enter a nursing home. I show clients how to qualify for Medicaid to avoid the client's life savings and home from being wiped out to pay for nursing home costs and uncovered medical expenses. (Approximately 5.3 million Americans have Alzheimer's disease. Throughout Central New York there are approximately 45,200 people with Alzheimer's disease. It is estimated that 16 million Americans will have Alzheimer's disease by 2050 unless a cure or prevention is found. One in 8 persons over 65 and nearly one half of those over 85 have Alzheimer's disease. A person can live up to 20 years from onset of symptoms of Alzheimer's disease. Alzheimer's disease eventually renders a person totally incapable of caring for themselves. Approximately one out of two seniors over 65 spends some time in a nursing home, which can cost approximately $8,000 - $10,000 a month.)
Recommending and helping a client and their family implement a plan to legally protect the client's assets. I also prepare the Medicaid application and represent the client before the Department of Social Services with regard to the client's Medicaid application, if the client has to enter a nursing home or wants community Medicaid. The client doesn't have to appear before the Department of Social Service, I take care of that for them.
I also show the client how to protect the client's assets through the use of: the legal transfer of assets, Durable Powers of Attorney, Health Care Proxies, Living Wills, Revocable Trusts, Irrevocable Trusts, Supplemental Needs Trusts and avoiding the needless cost and delay of probate. Of course, if a person dies without having done any estate planning, I handle the probate and estate administration, including advising executors of their duties. Additionally, I advise beneficiaries and surviving spouses of their rights.
Income tax, Estate Tax and Gift Tax Planning are also an integral part of the Estate Planning Process.

I hope you find the information that I have placed on this website useful. If you still have some questions, please feel free to contact my office and ask for a free office conference.

I am also available to speak at no cost to senior citizen groups or other clubs or community organizations in central New York on the subject of Estate Planning and Medicaid Planning To Protect Assets From Nursing Home Costs and Uncovered Medical Expenses.

I also conduct free training sessions for CPA's, financial planners, stock brokers, insurance professionals, social workers and other professional service providers to seniors who want to become familiar with estate planning strategies.

You will notice that my website doesn't have all of the bells, whistles and glitz you will find on many law firm's websites. I do believe you will find that I have useful information on my site that will help you better understand the topic of estate planning. I am a sole practitioner. If you call the office, my wife Vicki will almost always answer the phone. We offer the personal attention and caring that many of our clients want. We are family here and we treat our clients like family. You won't be shuffled around to younger inexperienced lawyers when you work with me. You will work directly with me and I have 35 years of experience working with seniors and their children as an attorney with a practice concentrating in the area of Elder Law, Medicaid and Estate Planning. You will find my other qualifications on this website.

Dick Pellegrino

I hope to hear from you soon.

Warmest personal regards

Dick
D. Victor Pellegrino
Email:

NEW DEVELOPEMENTS: IMPORTANT CHANGES TO THE MEDICAID ESTATE RECOVERY RULES -

          NEW YORK IS DOING AWAY WITH ESTATE RECOVERY LEGISLATION.

          NEW YORK HAS JUST ISSUED THE NEW MONTHLY REGIONAL RATES USED TO CALCULATE PENALTY PERIODS

          NEW YORK HAS JUST WITHDRAWN THE ESTATE RECOVERY REGULATIONS 12 12 2011, SEE THE GIS 11/MA028

What In The World Is Estate Planning. - This page discusses the estate planning process for the lay person who has no idea what Estate Planning is all about.

Estate Planning - How To Protect Your Assets From Being Wiped Out To Pay For Nursing Home Costs And Uncovered Medical Expenses.

The thirteen most frequently asked questions by parents and children who are trying to avoid family assets, including the family home, from being wiped out by nursing home costs and uncovered medical expenses. Medicaid eligibility rules for New York State are also discussed.

Durable Power of Attorney - New York State Legislation Effective September 12, 2010. Sample form.

New York State has just pasted sweeping legislation in the area of Powers of Attorney for all Powers of Attorney signed after September 12, 2010. Powers of Attorney executed before September 12, 2010 are still effective, but many sections of the new law affect POA's executed before September 12, 2010. Please note, the form contained in the legislation should not be used by the lay person, but should only be used after you have consulted an attorney who is knowledgeable in the area of Estate Planning. Powers of Attorney, like many other legal documents, are not a "one form fits all" proposition. You are cautioned against using this form without competent legal advice and it is only presented here for educational purposes and to inform you of the new legislation. You may not want or need the extensive powers contained in this form to be conferred upon your agent with regard to your particular estate plan. Of course you may want additional powers not set forth in the statutory form given to your POA to carry out your estate planning goals of reducing estate taxes, avoiding probate, avoiding a legal guardianship and protecting your assets from nursing home costs and uncovered medical expenses. I can assist you in preparing the POA that is right for you and your specific estate planning goals.

Health Care Proxy - New York State Form

This page contains a form for a Health Care Proxy under New York State Law. It is critical to designate a person of your choice as a Health Care Proxy to make medical decisions for you, if you are not able to make them for yourself. If you do not have a health care proxy, hospitals, nursing homes, physicians, etc. may require that a legal guardian be appointed by a court to make health care decisions for you. A guardianship proceeding is expensive, time consuming and may take the power to make your health care decisions away from you and your family and put it in the hands of a court appointed guardian. This page also answers frequently asked questions about Health Care Proxy Forms, Living Wills and Do Not Resuscitate Orders. It also contains a great link to the New York State Attorney General's End Of Life Guide. Check it out. :)

Living Will - Form

This form is designed to allow dignity and individual choice as to what health care measures you want taken during your last illness, if you are in an irreversible unconscious condition with no hope of recovery. This page also contains a great link to the New York State Attorney General's End Of Life Guide. Check it out. :)

Long Term Care Insurance - And How The New York State Robert Wood Johnson Long Term Care Insurance Project Works In New York State.

This answers some frequently asked questions on long term care insurance and how LTV insurance can be used to protect assets from being wiped out to pay for nursing home costs and uncovered medical expenses. The operation of the Robert Wood Johnson project in New York State is also discussed.

Increase in Federal Unified Credit for Estate Tax - Effective Jan 1, 2010.

This page will discusses the unified credit for Federal Estate taxes which has been increased effective January 1, 2010, with some words of serious caution as to whether you can rely on this unified credit in long term planning of your estate. Because this law was just passed, this page is under construction and will be added to very soon.

How To Use Wills And Trusts - To Reduce Your Estate Taxes.

This page is intended for parents and children who are trying to reduce or eliminate federal estate taxes on family assets at the time of death. It discusses the Federal and New York State Estate Tax: rates, unified credits, marital deduction, unified credit shelter trust, and irrevocable life insurance trust.

How to Use Grantor Annuity Trusts (GRATES) - To Reduce Estate Taxes in Large Estates.

This page is intended for those who clients who have multi million dollar estates and are interested in better understanding a Grantor Annuity Trust. The use of a GRAT is a rather complex estate planning tool but can produce significant estate tax savings.

How To Use An Revocable Family Trust - During Life In Estate Planning

This answers some frequently asked questions about the benefits of a revocable trust and how it can be used to manage your assets in the event of disability and to avoid the probate process, which is often expensive and time consuming.

How To Use An Irrevocable Family Trust - During Life In Estate Planning

This answers some frequently asked questions about the benefits of an irrevocable trust and how it can be used to reduce estate taxes, protect assets from nursing home expenses, and to avoid the probate process, which is often expensive and time consuming.

Estate Planning - For Adults And Children With Disabilities

This page briefly describes the use of Supplemental Needs Trusts under Federal and New York State law, that allows parents to leave money in trust for the benefit of their disabled child, without the child losing the right to qualify for Medicaid or other Government entitlement programs.

Duties and Responsibilities of An Executor . A 94 Point Checklist of The Duties And Responsibilities of an Executor.

This page is for Executors, people who are appointing an Executor under their own Will or people who are appointed as an Executor under another persons will. This 94 Point Checklist will give you an excellent idea of what is involved in being an Executor, whether you are deciding who will be your Executor or if you will be an Executor for someone else.

Free Programs for Seniors.   The Following Free Programs Are Offered For Seniors: Classic Movie Lovers Program, Classic Musical Lovers Program, Classic Opera Lovers Program and Estate Planning Program.

This page contains free programs for seniors that are sponsored by my Law Office. All programs are offered to Seniors, Senior Centers, Assisted Living Facilities and other organizations that offer services to Seniors. If any program interests you please give me a call.

Links To Other Sites.    This page will contain links to other sites you may find useful.

I have posted the link to David Goldfarb's Seniorlaw.com. It is just the best Ive seen on the web! Check it out for more in depth resources on the web if you are a lawyer, a lay person wanting to learn more or a professional that renders services to seniors.

I have also posted the link to Evercare by United Health Care Services Inc. Many of my clients are totally overwhelmed with the many choices they face with regard to health insurance plans. Medicare supplement? Part D, Medicare Advantage Plans, etc.

Evercare is one of the nation's largest care coordination programs for people who have long-term or advanced illnesses, are older or have disabilities. Their Medicare and Medicaid health insurance plans and services enhance health and independence by providing a Nurse Practitioner or Care Manager as your personal guide through the complex world of health insurance plans. They can help make it easier to get the health insurance plan you or your parents deserve.

I suggest you visit their website if you need help in this complex area.

www.excellusbcbs.com Excellus Blue Cross Blue Shield. Check out their Medicare Advantage plans for seniors.

http://www.alz.org/centralnewyork This is the website for the Central New York Alzheimer's Chapter. If you have a loved one who is diagnosed with Alzheimer's, you will find many resources on this page that will be of tremendous help to you and your loved one. Check it out.

http://www.brookdaleliving.com/clare-bridge-of-clinton.aspx This is the website for Clare Bridge Clinton Assisted Living, specializing in Alzheimer's and Dementia care. Their Mission Statement is "Enriching the Lives of Those We Serve With Compassion and Respect. I have several clients who have found that Clare Bridge provides a safe and compassionate living environment for their family members with Alzheimer's and Dementia. Check this out.

I have also posted the link to The End Of Life Guide, written by the New York State Attorney General's Office. It will explain many issued related to Health Care Proxies, Living Wills and Do Not Resuscitate Orders.

I hope you find the same useful.

http://www.oag.state.ny.us/bureaus/health_care/pdfs/EOLGUIDE012605.pdf

Senior Network Health, LLC can be your alternative to nursing home care. It is a managed, long-term health care plan if you need assistance with day-to-day health maintenance and support activities, but are still able to live in the comfort of your home with family and friends nearby.

I hope you find the same useful

http://www.faxtonstlukes.com/senior-network-health

Updated April 12, 2012

IN COMPLIANCE WITH NY STATE ETHICS RULES:

ATTORNEY ADVERTISEMENT

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND NOT INTENDED TO PROVIDE LEGAL ADVICE OR CREATE AN ATTORNEY CLIENT RELATIONSHIP

PREVIOUS RESULTS DO NOT PREDICT FUTURE OUTCOMES

Email: dpellegri@aol.com