manhattan elder law

How Do I Obtain a Death Certificate in New York?

Published on: February 22, 2018 | by Ettinger Law Firm

When someone dies, a death certificate records on paper the time and place where the decedent passed away. While the funeral director where you lay your loved one to rest will usually obtain several copies for your records, it may be necessary to obtain a certified copy that has a raised seal and can be used for matters like settling an estate or claiming insurance benefits.

If someone passes away in New York City, Bronx, Brooklyn, Manhattan, Queens, and Staten Island, you can obtain a copy from the New York City Office of Vital Health either online or through the mail. If the decedent passed away outside of New York City but in the state of New York, you can order a certified copy of the death certificate online or by mail from the New York State Department of Health.

It is important to note that death certificates can take anywhere from three to four weeks to receive once ordered and are comprised of two parts: the standard certificate of death and the confidential medical report detailing the cause of death. To obtain the confidential medical report with the death certificate, you must be a relative of the deceased. That person can be: a spouse, domestic partner,parent, child, sibling, grandparent, grandchild, informant listed on the certificate, or person in control of disposition.

New Budget Closes “Donut Hole” Medicare Coverage

Published on: February 16, 2018 | by Ettinger Law Firm

In a rare showing of bipartisanship, Congress finally passed a long term budget to keep the federal government open and fund everything from the military to vital healthcare programs millions of Americans rely upon to survive. Additionally, the new budget included provisions to shore up issues with Medicare that often put seniors in a terrible financial bind when it came time to paying for their prescription medications.

One of the biggest changing coming to Medicare is the so-called “donut hole” in coverage that can leave seniors on the hook for thousands of dollars in out of pocket costs until the program’s catastrophic coverage kicks in. Medicare Part D is a discount on name brand and generic prescription drugs with several phases that is usually not a problem until spending limits hit certain thresholds. Furthermore, drug companies offer certain discounts through the program that help make vital drugs affordable.

During the initial deductible phase, beneficiaries pay all of their drug costs until they reach the deductible, typically a few hundred dollars. After that, beneficiaries enjoy the initial coverage phase where they are responsible for only a 25 percent co-pay until they reach the current $3,700 limit. While this seems like an ample amount of money for some to cover a year’s worth of drugs, many seniors can quickly reach this limit and enter the “donut hole” coverage gap where out of pocket expenses skyrocket to a copay as high as 50 percent.

New Medicare ID Cards Lead to Opportunities for Scammers

Published on: February 11, 2018 | by Ettinger Law Firm

As part of recent measures to protect the Social Security numbers of Medicare beneficiaries, the Center for Medicare and Medicaid Studies (CMS) has issued new Medicare ID cards with a random, 11-digit number. However, reports suggest scammers are simply retooling their efforts with more creative ways to extract personal financial information from victims, often times posing as a Medicare representative to do so.

According to an article by CNBC, would be scammers are calling Medicare beneficiaries under the guise of offering renewal or replacement of the new ID cards. Scammers will ask victims for payment to process the new ID card even though the cards are free and do not require beneficiaries to take extra steps to obtain. The scam sounds simple but believable enough to victims who do not want to interrupt their vital healthcare services.

Other scams aimed at Medicare beneficiaries include fake representatives trying to upsell Part D prescription drug coverage under the threat of the individual losing his or her Medicare coverage altogether. Beneficiaries should know that Part D prescription drug coverage if voluntary and not required to maintain benefits. While some scams attempt to fool Medicare beneficiaries into handing over a cash payment, others involve full fledged identity theft.

New Study Predicts Rise in Out of Pocket Expenses for Medicare

Published on: February 10, 2018 | by Ettinger Law Firm

A recent study by the Kaiser Family Foundation examining current and projected trends for out of pocket expenses related to care provided by Medicare found the country’s elders and those living with disabilities can expect those payments to increase. Those out of pocket expenses include health care services such as insurance premiums, deductibles, cost sharing for Medicare-covered services, as well as spending on services not covered by Medicare, such as long-term services and supports and dental care.

The study assessed the current and projected out of pocket expenses for those receiving Medicare benefits by averaging out of pocket spending relative to Social Security income and then estimating increases over the next several years. What the study found was that older Americans can expect to pay much more in out of pocket expenses as a share of their social security income over the next 12-years.

In 2013, Americans receiving Medicare benefits paid on average 41 percent of their Social Security income to out of pocket expenses not covered by the program, according to the Kaiser Family Foundation report. Those costs are expected to climb as high as 50-percent by 2030 and may affect women 85-years and older especially hard.

What are Advance Directives for Healthcare?

Published on: September 16, 2017 | by Ettinger Law Firm

Advance directives for health care are legal documents that ensure an individual’s wishes are carried out if he or she cannot make decision. New York State recognizes three types of advance directives including a health care proxy, living wills, and do not resuscitate orders (DNR). Even younger and more healthy individuals should consider putting these types of directives into place in case of a serious accident or medical event.

Health Care Proxy in New York

A health care proxy allows individuals to name a health care agent who will make decisions if that person cannot make those decisions for himself or herself. Under state law, these types of decisions can take effect after two doctors examine the individual and determine that person cannot make decisions for his or her health. New York state offers standard forms for a health care proxy.

How Much Does an Estate to Go Through Probate?

Published on: September 12, 2017 | by Ettinger Law Firm

Planning your estate and having a last will and testament is important to ensuring your final wishes are carried out and your heirs receive everything you intend to pass on to them. Whether you are the testator or executor, there are many duties you will need to perform to make sure an estate passes as quickly as possible through probate court, including calculating the costs associated.

First and foremost, New York probate courts handling estates have a variable schedule of filing fees which depend on the size of the estate. Section 2402(7) of New York’s Surrogate’s Courts Procedure Act (SCPA) are as follows:

Value of Estate or Subject Matter Fee	Fee Rate
Less than $ 10,000	$45.00
$10,000 but under $20,000	$75.00
$20,000 but under $50,000	$215.00
$50,000 but under $100,000	$280.00
$100,000 but under $250,000	$420.00
$250,000 but under $500,000	$625.00
$500,000 and over	$1,250.00

Section 2402(8)(a) of the SCPA also proscribes a fixed fee for filing a petition to commence certain proceedings. These types of fees can range anywhere from $10 to $75, depending on the type of motion filed. Such petitions can include common probate proceedings such as filing wills and suspending a fiduciary.

What are the fees for executors in New York?

Under section 2307 of the SCPA, executor fees are based on the value of the estate. These fees can be between 2 and 5% of the total amount of estate money the executor receives and pays out. Executor’s fees in New York are as follows:

All sums of money not exceeding $100,000 at the rate of 5 percent
Any additional sums not exceeding $200,000 at the rate of 4 percent
Any additional sums not exceeding $700,000 at the rate of 3 percent
Any additional sums not exceeding $4,000,000 at the rate of 2.5 percent

All sums above $5,000,000 at the rate of 2 percent

These amounts come out of the value of the estate and in cases where multiple executors handle an estate, the split is commiserate on the amount of work performed by each individual.

Attorney costs for probate of a will

When going through probate, it is strongly suggested the executor seek help from an experienced and dedicated New York probate and estate lawyer. The fees associated with a probate attorney depend on size of the estate, work put in by the executor, and the complexity of the case.

What is a Qualified Personal Residence Trust?

Published on: September 9, 2017 | by Ettinger Law Firm

When planning their estate, many individuals consider setting up some form of trust to avoid family squabbles over assets, particularly the home. To achieve the goal of a smooth transition of assets and maintaining family harmony, most folks choose to set up some form of trust to avoid probate and reduce the amount of time and money executors need to spend in court.

Although many may not realize the significant wealth they have accumulated over the course of their life, the reality can quickly set it when it comes time to pay estate or gift taxes when passing on a home to heirs. After decades of skyrocketing real estate prices, home that were once purchased for several thousand dollars may now be worth millions, depending on the condition of the home and location.

One way for highly wealthy people to pass on their home with as little tax liability to heirs as possible is the creation of a qualified personal residence trust. Just like any type of estate plan, there are benefits and drawbacks to consider and it is strongly advised individuals consult with an experienced estate planning attorney to draw up trusts and wills.

Using Portability to Get the Most Out of your Estate Tax Exemptions

Published on: September 5, 2017 | by Ettinger Law Firm

One of the most common estate planning goals for high net worth married couples is to reduce their estate’s tax liability by taking full advantage of state and federal estate tax exemptions. The 2012 Tax Relief, Unemployment Reauthorization, and Job Creation Act (TRA) gave couples much more leeway to plan for their state through the portability of a deceased spouse’s unused estate tax exemption.

In 2017, the estate and gift tax exemption will be $5.49 million dollars for an individual, and just under $11 million for married couples, thanks to the 2012 Act. While there are a number of ways to properly implement the portability of estate and gift tax exemptions, one of the more common ways is to create a family trust where the assets of the first spouse to pass away will be placed in under the individual’s own gift and estate exemptions.

Without portability, couples can end up leaving millions of dollars in assets subject to taxation because of improper planning. Two of the most common reasons couples fail to properly use take advantage of gift and estate tax exemptions are unbalanced asset ownership or an inefficient estate plan.

Know the Law: What is a Durable Power of Attorney?

Published on: September 2, 2017 | by Ettinger Law Firm

An important consideration in anyone’s estate plan is to consider appointing a trusted individual to make important health and financial decisions in any case where the testator may be incapacitated and unable to act in their best interest. One way to do this is to create a durable power of attorney in a living will which names another person as an agent or an “attorney in fact” to decide whether or not to continue with life support treatment and other important medical decisions.

In New York, Pub. Health Law §2980, et seq. Health Care Agent and Proxies details the powers of the attorney in fact, the legal requirements to create such an arrangement, when the agreement may be revoked, and the state to state applicability of the durable power of attorney. Specifically, the law allows the attorney in fact to make “Any decision to consent or refuse consent of any treatment, service, or procedure to diagnose or treat an individual’s physical or mental condition.”

Health Law §2980 requires individuals to fill out Standard Form §2981 and name a competent adult to the position. Additionally, the form must be signed in front of two witnesses and indicate the principal wishes his or her agent be able to make healthcare decisions and that this authority begin when an attending physician decides to a medical degree of certainty the principle cannot act on behalf of himself or herself.

Creating a Succession Plan for Your Business

Published on: August 30, 2017 | by Ettinger Law Firm

If you are in sole proprietorship of your business, you have a number of options to hand over your company when it comes time to retirement or pass away unexpectedly. If you do not have partners in your business, you are generally within your right to hand over the entire company to any person you may see fit to do and avoid estate taxes up to a point if you plan ahead of time.

One option to hand over a business to another and avoid some state and federal gift taxes is to gradually gift over percentages to the benefactor overtime before you pass away. If you do die before the entire transfer is complete, the heir may be on the hook for exorbitant estate/gift taxes. Currently, the estate tax exemption is $5.49 million over the life of one individual and up to $11.98 million for couples.

If you do have partners and you would like to retire or sell you your stake in the company, you may consider writing a buy-sell agreement into the language of your partnership agreement. These buy-sell agreements may be mandatory with the full understanding you intend to sell of your stake in the company to another or they may allow only the right of first refusal for the partner to buy the stake or pass and allow an other interested party to buy in.