Updated February 17th, 2018
Law Office of D. Victor Pellegrino
2627 Genesee Street, Utica, New York, 13501
Phone: (315) 733-0417 Fax: (315) 792-8075
Member: National Academy of Elder Law Attorneys
Elder Law and Special Needs, Trust and Estate and Tax Sections of the New York State Bar Association
UPCOMING CLASSES I AM TEACHING:
SUNY POLYTECHNIC INSTITUTE MVILR CALL 792-7192 TO REGISTER
3/23/2018 - 5/11/2018 ESTATE PLANNING
7 WEEK COURSE THIS COURSE WILL BE HELPFUL FOR THE BEGINNER TO ADVANCED WHO IS LOOKING INTO ESTATE PLANNING
NO CLASS ON 3/30 PROBATE AVOIDANCE, ASSET PROTECTION, MEDICAID PLANNING, PLANNING FOR SPOUSES, CHILDREN & GRANDCHILDREN
FRIDAYS FROM 9:20 AM - 10:30 AM DISCUSSION WILL INCLUDE IMPORTANT LIFE EVENTS AND TIMELINES FOR PLANNING
SOME OF THE HANDOUTS FOR THIS CLASS CAN BE FOUND AT:
WHAT IN THE WORLD IS ESTATE PLANNING: http://www.estateandelderlaw.com/ep_pg6.htm
17 OF THE MOST FREQUENTLY ASKED QUESTIONS ON PROTECTING ASSETS FROM NURSING HOME EXPENSES:
Medicaid Treatment of IRAS http://www.nysba.org/WorkArea/DownloadAsset.aspx?id=52750
Additional Courses to be offered soon at SUNY POLYTECHNIC INSTITUTE MARCY NY, HERKIMER COUNTY COMMUNITY COLLEGE and ONEIDA/HERKIMER/MADISON COUNTY BOCES:
-->>>>>Protecting Your Assets From Nursing Home Costs and Uncovered Medical Expenses, All My Legal Documents Are Signed, What Could Possibly Go Wrong? :), What Is Probate, How And Why To Avoid It, Protecting Your Child's and Grandchild's SSI and Medicaid with Supplemental Needs Trusts, Does Your Will Protect Your Children and Grandchildren?, Alzheimer's from a Lawyer's Perspective, What you Need To Know About Revocable and Irrevocable Trusts. Locations, dates, times and registration details will be posted very soon. :)
"Protecting The Assets of Seniors and Their Families For Forty Years"
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:
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 lawyers, CPA's, financial planners, stock brokers, insurance professionals, social workers and other professional service providers to seniors who want to become familiar with Estate and Medicaid planning strategies, Avoidance of Probate.
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 40 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 here Dick Pellegrino
Warmest personal regards
D. Victor Pellegrino
Articles on this website are provided for informational purposes only. Use of this website does not provide or replace individualized legal advice or create an attorney client relationship. If you are in need of legal advice and are a NY resident, please contact my office to set up an office conference to speak with me to obtain legal advice specific to your circumstances.
NEW DEVELOPEMENTS THAT AFFECT ESTATE AND MEDICAID PLANNING -
<> Issued Effective January 1, 2018 Medicaid Regional Rates which must be used to determine a transfer penalty period for coverage of nursing facility services.
<> Issued Effective January 1, 2018 Medicaid Eligibility Resouces, Assets and Income: https://www.health.ny.gov/health_care/medicaid/publications/gis/17ma020.htm
<> Issued Effective May 22, 2017 New GIS issued allowing a person with special needs under age 65 to set up their own SNT or Able Account
<> SUPREME COURT ISSUES A LANDMARK DECISION DENYING BANKRUPTCY PROTECTION TO INHERITED IRAS. IT NOW BECOMES ADVISABLE TO NAME AN IRA TRUST FOR THE BENEFIT OF A CHILD WITH CREDITOR PROBLEMS TO PROTECT THE INHERITED IRA FROM YOUR CHILD'S CREDITORS. THE FULL TEXT OF THE SYLLABUS OF CLARK v. RAMEKER 714 F. 3d 559, affirmed. IS POSTED AT THE ABOVE LINK.
<> NOTICE OF OBSERVATION STATUS SERVICES. (A7257-A/S3926-A) PASSED IN NEW YORK STATE
<> THE SUPREME COURT HAS RULED THE DEFENSE OF MARRIAGE ACT UNCONSITUTIONAL.
<> IN THE JP MORGAN CASE, 12/31/2013, THE NEW YORK COUNTY SURROGATES COURT SETS FORTH
THE DUTIES OF THE TRUSTEE OF A SUPPLEMENTAL NEEDS TRUST.
<> THE SWARTZ CASE GIVES GOOD GUIDANCE ON THE USE OF SERVICE AGREEMENTS RE:
PAYMENT FOR NIGHT TIME SERVICES BY FAMILY MEMBERS, HOURLY RATE ALLOWED TO BE
PAID FAMILY MEMBERS AND IMPORTANCE OF KEEPING DETAILED LOGS.
Medicaid Planning - How To Protect Your Assets From Being Wiped Out To Pay For Nursing Home Costs And Uncovered Medical Expenses.
The seventeen 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.
New York State passed sweeping legislation in the area of Powers of Attorney in 2010 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, they 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. :) Check out this video first: http://www.youtube.com/watch?v=Bar0qZTUGdw&feature=youtu.be
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. :)
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.
Increase in Federal Unified Credit for Estate Tax - Effective Jan 1, 2014.
This page will discusses the unified credit for Federal Estate taxes which has been increased effective January 1, 2013, with some words of serious caution as to whether you can rely on this unified credit in long term planning of your estate.
Articles and Links To Resources For People With Alzheimer's, Their Loved Ones and Caregivers
This page is intended to provide useful information for people with Alzheimer's and their families. Of special interest is an article I just posted on your responsibilities, civil and criminal fines, penalties, etc., under New York law, when you hire a home health care aide to care for your parents or spouse. This is a must read if you are hiring a home health care aide.
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 Special Needs
This page briefly describes the use of Supplemental Needs Trusts under Federal and New York State law, that allows parents and grandparents to leave money in trust for the benefit of their child with special needs, without the child losing the child's SSI or Medicaid benefits.
Duties and Responsibilities of An Executor . A 97 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 97 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.
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 I've 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.
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 SThose 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 Planning Your Health Care In Advance, written by the New York State Attorney General's Office. It will explain many issues related to Health Care Proxies, Living Wills and Do Not Resuscitate Orders.
http://www.ag.ny.gov/sites/default/files/pdfs/publications/Planning_Your_Health_Care_in_Advance.pdf This is an excellent article on advance health care directives published by the New York State Attorney General.
I hope you find the same useful. :)
Warmest personal regards,
Pursuant to New York State Ethics law:
PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME
THE ARTICLES ON THIS WEBSITE ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO PROVIDE LEGAL ADVICE OR CREATE AN ATTORNEY CLIENT RELATIONSHIP.