Wills vs Trusts Webinar

Wills vs Trusts


Approximately 55% of American adults do not have a Will

  • 57% said they “just haven’t gotten around to making one”
  • 22% felt that making a will wasn’t urgent
  • 17% didn’t think they needed a will
  • 14% don’t have a will because they don’t want to think about death

What is a Trust?

  • A Trust is a contract or agreement between a Grantor and Trustee to hold assets (money, real property, objects, etc.) for the benefit of a beneficiary
  • Testamentary Trusts, which are inside your will and go into effect when you die
  • Living Trusts, which take effect during your lifetime
  • Many different types of Trusts depending on your needs and goals
  • Privacy

Download the Wills vs. Trusts 2020 Power Point Slides

Learn More about Harry Miller

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Elder Law and Estate Planning Basics

What is Elder Law?

  • Choosing someone to help you make health care decisions
  • Getting help managing your finances
  • Choosing someone to manage your affairs if you become incapacitated
  • Putting an estate plan into place
  • Planning ahead for your long term care needs

Everybody Needs Long Term Care

  • The number of seniors needing long term care is growing as Baby Boomers turn age 65
  • There are currently 44.7 million people in America age 65 and older, representing 14.1% of the US population, and that number is expected to double by 2060
  • Currently an estimated 12 million people need long term care, and that is estimated to grow to 27 million people by 2050
  • The lifetime probability of becoming disabled is 68% for people age 65 or older

How Do I Plan for Long Term Care?

  • Where do you want to receive services?
  • Who will provide your care?
  • How will you pay for your care?

Long Term Care Costs

Home Care

  • unpaid home care – spouse, children, family, friends
  • paid home health aides – average cost $24 per hour, costs vary depending on number of hours you need

Assisted Living

  • costs can range from $4,000 per month to $7,000 per month, depending on the level of assistance you need

Nursing Home

  • average cost is $15,000 per month

Download the Elder Law and Estate Planning Basics presentation PDF files

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Client Appreciation Webinar

Below you will find the webinar in its entirety, as well as seperate videos for each of the major information segments.

Thank you to all who attended.  If you have additional questions, please contact our firm for a free consultation.

Community Medicaid Updates

CARES Act and the Secure Act

How Medicaid Trusts Work

Client Appreciation Webinar in its entirety

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Between a Long-Term Care Rock and a Hard Place

In mid-March, my mother called me from the hospital.  My father was sick. Fever, chills, cough, general
weakness and other flu-like symptoms. As it turned out, it was the wrong month of the wrong year to have “flu-like symptoms.” Despite being convinced that he had COVID-19, the hospital could do little more than give him a
swab test and send him home.

For the next four-and-a-half weeks, my father and mother stayed on separate sides of their two-bedroom apartment.
My mother, who was dealing with her own symptoms, was able to tend to my father’s needs, and at times, things got scary.

Thankfully, all is now well.

Read the entire article on page 47 of Capital Region Living or download a copy here.

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Understanding and Navigating the Long Term Care Frontier. Kym Hance, CMC

How not to pay for services: Understanding and Navigating the Long Term Care Frontier. Presented by Kym Hance, CMC, Aging Life Care Manager and David Kubikian, Esq for Herzog Law Firm

Learn more about David Kubikian, Esq

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What To Do When a Loved One Dies by Debra Verni

  • Confused about who is in charge?
  • Who to notify?
  • What are the immediate actions to take?
  • Who makes the arrangement and who gets what?
Let us make this heartbreaking event easier to manage.

Learn more about Debra Verni

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Your Coronavirus Checklist by Jane-Marie Schaffer

Your Coronavirus Checklist and Estate Planning Guide. Why you need a checklist? Do you have a list of bank accounts and bill so you can pay them while your loved one is in the hospital? Do you have a plan in place to take care of you or your loved ones in a crisis? Who will make decisions?

Learn more about Jane-Marie Schaffer

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Wills vs Trusts – Basic Estate Planning Documents by David Kubikian for Herzog Law Firm

Learn about Revocable & Irrevocable Trusts, Advance Directives, types of Wills and how to use them to benefit yourself and loved ones. Learn about protecting your home and assets and avoiding court & spend downs.

View more from Attorney David Kubikian.

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Laments Changes in NY law on Longterm Care at Home

Long Term Care at Home

By David A. Kubikian, Esq., Herzog Law Firm P.C.

Getting old is not easy. Not now, not ever (but especially not now).

Our world, country, state, county and community have been dealing with the ramifications of the COVID-19 virus.

Besides the fact that the virus tends to negatively impact the elderly and immune deficient, the virus has wreaked havoc on the ability for our needy seniors to receive long-term care. This impact has ranged from lockdowns of assisted living and nursing homes to making it much harder  for home healthcare aides to reach their clients who so badly need the assistance.

As if this immediate impact of COVID was not bad enough, the economic impact to our society at-large has and will prove more devastating to the long-term care landscape.

Even before COVID, Medicaid, which is the largest payer for long-term care services, had been under attack. In New York in particular, the Governor had created a Medicaid Redesign Team tasked with finding ways to make the Medicaid Program  more efficient. Translated, the real question was “where could money be saved?”

After months of suggestions and proposals, last month the New York State legislature passed a budget implementing some of the suggestions made by the redesign team. The result is one that  changes the long-term care landscape entirely.  Historically, there have been two parts to Medicaid’s long-term care coverage:

  • Care in a Nursing Home (Custodial Medicaid)
  • Care at Home (Community Medicaid)

For Custodial Medicaid, we have become quite accustomed to the “Five-Year Lookback Period” and the imperative that you need to plan ahead of time for the possibility of a nursing home need later in life. However, for Community Medicaid and the ability to receive long-term care services in your home, apartment, senior living community or even your daughter’s home, there has been no look back period.

Where there is no look-back period, it quite literally means that financial qualification for long-term care help can be achieved in a few days, not five years.

The new New York State budget does away with this last-second planning luxury. Starting October 1, 2020, applications for Medicaid coverage for long-term care assistance at “home” will require 30 months of documentation and implementation of a 2 ½ year look-back.

This change will simultaneously make qualifying for home care services harder while also making the importance of planning ahead that much more so.

The change will also have the impact of increasing the number of Medicaid application filings seeking home care between now and October 1st, as currently there is no look-back period.

In addition to the new look-back, the Community Medicaid changes include making it harder (from a need standpoint)  to qualify for services. Unless there are diagnosed cognitive impairments, those seeking Community Medicaid will need help with three activities of daily living whether they be transporting, toileting, bathing, eating, etc…

Such changes during normal times would result in a confusing and stressful time for the long-term care needy, especially between now and October 1st. Such a change during COVID has resulted in something different: a lack of awareness. It is important to contact your elder law attorney to discuss how these changes will impact you and your family.

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Estate and Medicaid Planning Myths by Jane-Marie Schaeffer, Herzog Law Firm

estate and medicaid planning myths

Think you have to spend everything before Medicaid pays for your care? Think the”state” will take all of your assets? Learn the ins and outs of how to qualify and what Medicaid will cover… you will be surprised.

Meet Jane-Marie Schaeffer

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