Updated February 26, 2009
Law Office of D. Victor Pellegrino
2627 Genesee
Street, Utica, New York, 13501
Phone: (315) 733-0417 Fax: (315) 792-8075
Email:
"Protecting The Assets of Seniors and Their Families For Over Thirty 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 answer the phone. Kristi Houseman is a dear friend, who has worked with us for many years. 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 32 years of experience working with seniors and their children as an elder law attorney. You will find my other qualifications on this website.
I hope to hear from you soon.
Warmest personal regards
On February
8th, 2006, The President Signed A New Medicaid Law With Sweeping Changes To
Estate and Medicaid Planning, The Deficit Reduction Act of 2005. - This
Page contains the text of the House Bill on changes to the Medicaid look back
period, penalty period calculation, use of annuities and transfer of assets.
These changes require a complete review of your Medicaid and Estate
Plan.
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 March 1, 2009. Sample
form. New York State has just pasted sweeping
legislation in the area of Powers of Attoney for all Powers of Attorney signed
after March 1, 2009. Powers of Attorney executed before March 1, 2009 are
still effective, but many sections of the new law affect POA's executed before
March 1, 2009. I have posted the legislation that was just signed by the
governor in February, 2009. This is a must read for any one who has appointed
someone as their Power of Attorney or has been appointed as a Power of Attorney
for someone else. 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 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 couse you may want addtional 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.
The House and
Senate have just passed extender legislation to extend the effective date of the
legislation to September 1, 2009. The Governor should sign this soon.
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, 2002.
This page discusses the unified credit for Federal Estate taxes which has been increased from $1,000,000 to $3,500,000, phased in over several years, with some words of serious caution as to whether the unified credit will actually be phased in as provided under the current law.
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 (GRATS) - 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. Links To Other Sites. This page
will contain links to other sites you may find useful.Email: