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:
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.
I hope to hear from you soon.
Warmest personal regards
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NEW YORK HAS JUST WITHDRAWN THE ESTATE RECOVERY REGULATIONS 12 12 2011, SEE THE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.
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.