Probate & Elder Law

Our very own local Flushing estate lawyer gets featured on Vox! This is a proud day for all of us here in Flushing Queens as this is a major national news publication.

The articles describe the motivation, background story, joys and difficulties of Roman Aminov. He grew up locally in Forest Hills and Jamaica Estates then attended Baruch College earning a B.S degree in Real Estate Development and then onto St. Johns School of Law for his J.D.

He states that when he was in law school while taking a trust and estates courses in law school everything changed. To him, it was the perfect fit and set the stage for his successful law firm which he has today. He said that while taking the class he discovered he loved the subject because it was not abstract tax concepts that only a few benefited from, but rather gave him the opportunity to work with real people, real cases, and offer a personal touch.

The one key takeaway is that it is never too early to start estate planning. He discussed many scenarios where people came to him later in life, and it was simply not possible to morally (or legally) create their will or do their probate or estate planning. The creator of a will or trust or any other state or end-of-life planning must be in a proper mindset and aware of their surroundings. He has even brought in doctors to confirm his own decision in some cases!

He says that even in your 30’s and 40’s you should be considering the big decisions regarding your estate as there are many factors most people just aren’t aware of.

This type of law is not easy, but it is rewarding. Despite sharing tears and some of the most challenging moments with some of his clients, he says that what he offers is that “This is going to take some time, with many small steps along the way. Follow the steps, little by little, file the forms, contact the banks, and we’ll get through this.”

Despite not being trained in psychology Roman Aminov’s advice seems accurate, gentle and professional. 

It is not always pretty though. He shares some moments where there were serious wedges between families, wedges that could have been avoided if planning had started sooner.

But in the end, it’s the human-to-human contact that is what’s important. At the end of the day, a probate and estate planning lawyer can leave his office, knowing he has made a real difference in his community. With his skills and knowledge, he helps guide his clients through difficult situations, saving their estate and finances so they can better take care of themselves and their families.

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Roman Aminov Esq. Estate, Probate & Elder Law of Queens 147-17 Union Tpke, Queens, NY 11367 (347) 766-2685 https://www.aminovlaw.com/

Probate is a legal process after someone passes away to collect the property and assets of the individual. The first debt is paid and then assets are distributed to the beneficiary according to the will. But figuring out which assets are included in a NY probate estate is sometimes not so easy. For medium to large estates, a local probate attorney in NY is often needed to streamline the probate process to only include assets that actually can go through probate. For smaller estates, under a certain threshold ($50,000) probate can also be skipped depending on how the assets are calculated.

What assets are included in probate estate in NY

Many assets which are singularly owned by the individual can go through probate but if an asset is jointly owned or held in a trust that it is not considered a probate asset. Some of the most common assets are bank accounts, stocks, bonds, cars and even real estate.

Assets not included probate estate in NY

But some of the assets not included in probate include property owned in a living trust, life insurance, 401ks and transfer on death accounts. These assets not included in a probate estate in NY are typically passed directly to the beneficiary or the joint owner upon receiving the death certificate. These assets are also not included in the probate petition and are not used to calculate the filing fee.

If all the assets are not included in the probate estate due to the fact they are jointly owned or other qualifying reasons then the NY court will not be involved. Careful planning is required in advance to legally classify and protect assets to avoid the lengthy probate process and set up joint ownership or a trust.

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Get a free consultation with the local estate planning experts at:

Roman Aminov Esq. Estate, Probate & Elder Law of Queens 147-17 Union Tpke, Queens, NY 11367 (347) 766-2685 https://www.aminovlaw.com/

It is necessary to understand the different planning strategies which allow seniors to obtain benefits while protecting their assets for their beneficiaries. While long-term care insurance is the best option, it is not always an option. That is why most Medicaid Trust Lawyers in New York use another technique;  an irrevocable Medicaid trust which can have various benefits both during life and after death.

Benefits throughout life

Planning a Medicaid trust in NY  involved transferring assets, including real estate, into an Irrevocable Medicaid Trust.

There are certain benefits to this kind of trust including:

1.  The right to remain in the home as long as you and your spouse are alive.
2.  The right to make the trust “income only” and collect any rent the property generates.
3.  The ability to keep your existing STAR and Enhanced STAR property tax relief as long as you reside in the home.
4. The right to use the $250,000 (if single) or $500,000 (if married) capital gains tax exclusion if the home is sold during your life.
5. When homes are placed in a trust your beneficiary can be protected from creditors.
6. Changes can also be made during your lifetime

Benefits After Death

After both spouses have passed away the trust will distribute assets according to their predetermined wishes. By writing a will you can reference the trust the right is retained during life to change the beneficiaries. So this means the right of control is not forfeited. This means a home can receive a step-up tax basis, saving the heirs from paying capital gains when the home is sold. 

Probate can also be avoided which saves both the time and money of the beneficiaries. One of the reasons you might want to avoid probate is the Medicaid estate recovery which means the Medicaid program can claim back what was paid after death.

Working with a Medicard lawyer is the best way to ensure you, your assets and your beneficiaries are protected.

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Get a free consultation with the local estate planning experts at:

Roman Aminov Esq. Estate, Probate & Elder Law of Queens 147-17 Union Tpke, Queens, NY 11367 (347) 766-2685 https://www.aminovlaw.com/

What is Spousal Election & Protection?

Spousal right of election in New York is a law where a surviving spouse is entitled to receive up to $50,000 or 1/3 of the total assets value from their spouse, even if they were left less than that under a will and beneficiary designations. As defined in the New York’s Spousal Right of Election NY laws you can be protected if you act quickly and work with an experienced estate attorney. Let’s take a look at a few cases of how the law can be used in your favor

Case 1: Need to know facts of case 1: Beneficiary Designations

1. The couple was separated for several years before one spouse passed away.
2. The family of the deceased individual claimed the spouse abandoned the now deceased spouse and forfeited their rights to spousal right of election
3. A petition was filed to the surrogate court in NY asking to rule that the surviving spouse has a right to ⅓ of the estate value

After finally arriving at court the family continued to maintain their original position and they wanted to take the case to trial. But after dedicated negotiations, the case was settled for nearly the exact amount of the value of ⅓ of the estate. Without any risk of the expense of going to travel, which can be very costly.

Case 2: Need to know facts of case 2: Investment Property

1. A spouse passed away leaving the surviving spouse everything except investment property.
2. The surviving spouse was not sure if they were entitled to more
3. Even though there was a will which declared the above facts, it was discovered that this was only 1.5 of the value of the estate with the exclusion of the investment property. And as we know there is a legal right of ⅓.
4. The other beneficiary of the investment property was required to redistribute the remaining value to equal ⅓ of the total value to the surviving spouse.

Knowing your rights can be complicated especially when all the facts of the case are considered, but choosing a top rated estate law firm in NY can help you to make the process easier and less expensive.

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Get a free consultation with the local estate planning experts at:

Roman Aminov Esq. Estate, Probate & Elder Law of Queens 147-17 Union Tpke, Queens, NY 11367 (347) 766-2685 https://www.aminovlaw.com/

Applying for Medicaid in NY certainly comes with its pros and cons. Many elderly people are concerned that Medicaid may try to take their home (or other assets) after their death. And if they have children, grandchildren or family members they wish to leave assets too it can be very concerning. If you are worried about protecting your assets from Medicaid in your old age or after passing then a NY elder law attorney can help with planning.

Medicaid is divided into two general categories: 

• Institutional, which includes nursing home and intermediate care facilities
• Community-based which includes all the other services Medicaid provides including home care and insurance. 

Understanding these two categories are one of the major factors taken into consideration regarding assets along with age and family situation.

Medicaid is required to place a lien on your home if:

• Are receiving nursing home care
• are considered a permanently institutionalized individual (will not return home)
• Own your home

In these cases when the property is eventually sold the lien must be paid in full before the beneficiaries receive any assets or funds.

But there are certain exceptions to this rule including:

• If certain qualifying family members are residing in the home including a spouse, child under 18, or a child of any age who is blind or disabled the lien cannot be placed.
• If you return home after being a permanently institutionalized individual,  Medicaid must remove the lien. 
• Prior to initiating a lien against your home, Medicaid allows you to transfer your home to the children under 18, spouses or any blind or disabled child of any age

Probate and Medicaid

If Medicaid is providing you with various types of medical care it is possible they will try to reclaim the value of their payout from your estate that is in probate. This is called Estate Recovery and there are certain ways to protect yourself from it. 

But it is possible to protect your home from probate since Medicaid goes after assets included in probate.

Next, they can only recover payments paid after your 55th birthday. They can only recover up to 10 years’ worth of benefits from the day of death. And lastly, Medicaid can not recover any payment if you have a living spouse, a child less than 21 years old or a disabled or blind child of any age. 

What type of trust protects assets from Medicaid?

An income only Medicaid trust is one of several methods an experienced elder law attorney can use to help protect your home.

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Get a free consultation with the local estate planning experts at:

Roman Aminov Esq. Estate, Probate & Elder Law of Queens 147-17 Union Tpke, Queens, NY 11367 (347) 766-2685 https://www.aminovlaw.com/

Will Vs Trust

A will is a legal document created to name certain assets and wishes of an individual after death. It can name beneficiaries, transfer assets. A will goes through probate after death to determine its authenticity and then execute the will according to what it says. It is only active after the person has passed away

A trust can be similar in many ways but it creates a fiduciary relationship to allow another individual to be responsible for handling assets on behalf of the beneficiaries. The Living trust is created during the lifetime of the individual, What makes the living trust so attractive is it allows for an easy transfer to the beneficiaries while many times avoiding probate which can be lengthy and expensive.

What are the benefits of a Living Trust in NY?

1. A living trust gives a very high level of control. It allows you to determine, who, what, when, where and why and with proper planning with the help of an estate attorney can be done seamlessly

2. A living trust saves time. Especially when compared to a will (or worse having no will at all) a living trust is a huge time saver. The probate process creates exposure for relatives to challenge the will which can disrupt the initial plans and also drags the process on and on.

3. A living will can allow you to save money. In the state of New York, a Surrogate Court reviews the will and how assets will be distributed. Assets that are transferred through a living trust skip the NY Surrogate Courts, probate, and additional legal fees.

4. If you are incapacitated due to a decline in the health of an injury a living trust allows your wishes to be carried out. A legally sound living trust is difficult to challenge or to be abused and your wishes as initially planned will be carried out both during your lifetime and after.

Living Trust can be an excellent estate planning tool and consulting with a local estate planning lawyer in NY is the best way to have one created according to your requirements.

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Get a free consultation with the local estate planning experts at:

Roman Aminov Esq. Estate, Probate & Elder Law of Queens 147-17 Union Tpke, Queens, NY 11367 (347) 766-2685 https://www.aminovlaw.com/

As a New York resident creating a will can be one of the most important decisions of your life. 

But first, how can you make a will?

When you create a will you must be in good health and recognize what you are doing. It can be edited as well but an experienced estate attorney can help to advise you on the details.

A legal will can only be made by someone who is at least 18 years old. If you are married or in a domestic partnership, your spouse or domestic partner must sign it. If you are not married, in a domestic partnership, or the father of the child being named as a beneficiary you need to have someone 18 years old who is willing to sign as a witness.

Benefits:

1. The main benefit of creating a will is that it gives individuals the ability to leave property and possessions to the people of their choice. An individual who dies without a will is considered to have died intestate. An intestate estate can be a nightmare for family members to deal with because of the lengthy court process that is involved in these cases. Before a will is accepted it must go through the process called probate, to authenticate it and ensure it is valid according to the law.
2. You can also name a legal guardian for your children in your will. This can help to spare your children from being separated from each other if their legal guardian predeceases them. If you have a spouse or immediate family you cannot always assume that they will automatically gain guardianship of your minor children. Many complications can arise if there are divorces, step parents, or other active adults in the children life
3. Preventing unnecessary estate taxes. An estate tax is a tax in New York that requires your estate to pay a certain percentage of what you leave behind when you die. Not only can it be a lot of money but it can cause the probate process to go longer to ensure all taxes and debts are paid, but having a will can simplify this process.
4. Preventing your estate from being contested can also be avoided with a will. Imagine if there was no will left behind, how will your loved ones determine who handles which aspect of your estate. Even aside from inheritance, there are many matters like closing down bank accounts, receiving unpaid bills, and all of these responsibilities can be assigned in a will.

 

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To get help with creating a will, living trust, power or attorney or anything else contact:

Law Offices Of Roman Aminov 147-17 Union Tpke, Queens, NY 11367 (347) 766-2685 https://www.aminovlaw.com/queens-ny-estate-lawyer