Stefans Law Group PC

May is National Elder Law Month! – How We Support Our Seniors

2026-05-06T08:35:33Z

May is National Elder Law Month! - How We Support Our Seniors May isn't just about flowers and sunshine; it's also National Elder Law Month! With Donna Stefans serving as a board member of the National Academy of Elder Law Attorneys, this holds a special significance as Stefans Law Group passionately advocate for the rights and well-being of our elderly community members year-round. This month offers us a unique opportunity to shed light on the importance of elder law and the myriad ways in which it can positively impact the lives of seniors and their families. Why National Elder Law Month Matters National Elder Law Month is a crucial reminder of the challenges many seniors face and the vital role that legal guidance can play in addressing these issues. Aging often brings with it a host of legal complexities, from estate planning to long-term care considerations. Yet, navigating these waters alone can be daunting, which is why our team is dedicated to providing compassionate support and expert counsel every step of the way. Common Issues an Elder Law Attorney Can Help Solve

Estate Planning: As seniors contemplate the legacy they wish to leave behind, estate planning becomes paramount. Our elder law attorneys specialize in crafting comprehensive estate plans tailored to our clients' unique needs and goals, ensuring their assets are protected and their loved ones are provided for.
Long-Term Care Planning: The prospect of long-term care can be overwhelming, both emotionally and financially. Our team assists seniors in understanding their options for long-term care, whether it be through Medicaid planning, Veterans benefits, or other avenues, allowing them to make informed decisions about their future care needs.
Medicaid Planning: Navigating the complexities of Medicaid and Medicare can be challenging, but our elder law attorneys are well-versed in the intricacies of these programs. We work tirelessly to help seniors access the benefits they're entitled to while minimizing the impact on their assets.
Elder Abuse and Exploitation: Sadly, elder abuse and exploitation are all too common in today's society. Our firm is dedicated to protecting seniors from physical, emotional, and financial harm, advocating on their behalf to hold perpetrators accountable and secure the justice they deserve.
Geriatric Care Management: Managing the care of elderly loved ones can be overwhelming. Geriatric care management provides a holistic approach, ensuring seniors' medical, social, and emotional needs are met. Our elder law attorneys collaborate with professional care managers to create and implement comprehensive care plans, including medical coordination, assistance with daily activities, and connecting families with essential resources. This approach improves seniors' quality of life and offers peace of mind to their families.

National Elder Law Month is all about making sure our seniors are supported and protected every step of the way. If you or a loved one could use some help navigating the legal side of aging, we're here for you. Let's make the golden years truly shine!

10 Key Tips for Special Needs Estate Planning During Autism Awareness Month

2026-05-06T08:30:52Z

April is Autism Awareness Month, a time dedicated to raising understanding and acceptance of autism spectrum disorder (ASD) and supporting individuals with autism and their families. When estate planning for someone with special needs, particularly those on the autism spectrum, it's crucial to consider their unique circumstances to ensure their long-term care and financial security. Here are ten tips to help guide you through the process and help protect your family and loved ones with these unique financial and Estate Planning goals:

Understand the Individual's Needs: Start by understanding the individual's specific needs, abilities, and limitations. This understanding will inform your estate planning decisions.
Establish a Special Needs Trust (SNT): Creating a special needs trust is like giving them a financial safety net that won't interfere with their benefits. It allows you to have their back, even when you're not around.
Choose a Trustee Who Gets It: Picking the right trustee is key. You need someone who'll manage the trust with empathy and understanding, making decisions that truly benefit the individual.
Think Long-Term Expenses: Anticipate future expenses related to the individual's care, including medical care, therapies, housing, transportation, and other support services. Make sure the trust is well-funded to handle these costs so they can live their best life.
Update Beneficiary Designations: Review and update beneficiary designations on life insurance policies, retirement accounts, and other assets to ensure they align with your estate plan and the special needs trust.
Create a Letter of Intent: Pour your heart into a letter of intent. It's like a user manual for their care, packed with all the details that'll help future caregivers understand and support them.
Work with Professionals: Don't navigate this maze alone. Bring in the experts – estate planning attorneys, financial advisors, and special needs planners – to guide you through the process. They can help you navigate complex legal and financial issues and ensure your plan meets all legal requirements.
Maximize Government Benefits: Structure the estate plan to maximize the individual's eligibility for government benefits and support programs while providing supplementary funds through the special needs trust.
Plan for the Long Haul: Think ahead about who'll take the reins when you're no longer around. Set up a solid plan for managing the trust and updating it as life throws curveballs.
Review and Update Regularly: Life changes, and so should your plan. Regularly review and update it, especially after major life events, to ensure it keeps pace with their evolving needs. Review and update the estate plan regularly, especially after significant life events such as marriage, divorce, births, or changes in financial circumstances.

By following these tips and working closely with professionals, you can create an effective estate plan that provides for the long-term care and financial security of your loved one with special needs.

Essential Estate Planning Terms: A Guide to Securing Your Future

2024-03-15T16:39:21Z

In the realm of estate planning, familiarity with key terms is essential to ensure your wishes are carried out effectively and your assets are protected. Whether you're just starting to consider your estate plan or looking to refine existing arrangements, understanding these terms will empower you to make informed decisions about your future and the legacy you leave behind.

Health Care Proxy: At some point in life, you may become unable to make medical decisions for yourself. A Health Care Proxy is a crucial document that designates a trusted individual to make medical decisions on your behalf if you're incapacitated. Choosing someone who understands your values and preferences regarding medical care is paramount.
Living Will: A Living Will complements your Health Care Proxy by outlining your specific wishes concerning life-prolonging measures and end-of-life care. This document ensures that your desires regarding medical interventions are honored, providing clarity and guidance to your healthcare proxy and medical professionals.
Durable Power of Attorney: Managing financial, business, and legal matters can become challenging or impossible without the ability to act. A Durable Power of Attorney grants authority to a chosen agent to handle these affairs on your behalf, even if you become incapacitated. Selecting a responsible and trustworthy individual is crucial to safeguarding your financial interests.
Estate Planning: Estate Planning is the proactive process of organizing and managing your assets during your lifetime and beyond. It involves developing strategies to protect your wealth, minimize taxes, and ensure your wishes are carried out in the event of incapacity or death. Thoughtful estate planning provides peace of mind and helps preserve your legacy for future generations.
Exploitation: Sadly, vulnerable individuals, such as the elderly or disabled adults, may fall victim to exploitation, where their resources are unlawfully used for personal gain by others. Estate planning measures, such as naming trustworthy representatives and establishing safeguards, can help prevent exploitation and protect your assets.
Long-Term Care Planning: As longevity increases, planning for long-term care becomes increasingly important. Long-Term Care Planning encompasses financial and estate planning strategies to ensure you maintain autonomy and financial security as you age. Careful consideration of long-term care options and potential costs is essential for comprehensive estate planning.
Probate: Following someone's passing, the legal process of probate validates their will, settles debts, and taxes, and distributes remaining assets according to their wishes. Understanding probate laws and implementing estate planning strategies can streamline the probate process and minimize delays and expenses for your heirs.

Familiarizing yourself with these essential estate planning terms is a critical step toward securing your future and protecting your assets. Whether you're creating a comprehensive estate plan or updating existing documents, consulting with legal and financial professionals can provide invaluable guidance tailored to your unique circumstances. By taking proactive steps now, you can ensure your wishes are honored and provide peace of mind for yourself and your loved ones.

Why You Need an Estate Plan: Protecting Your Assets and Your Loved Ones

2024-02-29T15:40:34Z

Many people tend to put off creating an estate plan, perhaps due to the uncomfortable nature of contemplating one's mortality or the complexity of the process. However, neglecting to establish a solid estate plan can leave your loved ones vulnerable to unnecessary stress and complications during an already challenging time. As Bruce Tannahill, a director of estate planning with MassMutual, emphasizes, it's alarming how many individuals don't have their affairs in order. According to a 2023 survey by Caring.com, only one in three Americans have an estate plan in place. In this blog post, we'll delve into the importance of having an estate plan and provide guidance on how to create one that protects your assets and your family's well-being. 1. Providing Clarity and Protection:

An estate plan serves as a roadmap for how you want your assets handled both after your passing and in the event of incapacitation. It outlines crucial decisions such as asset distribution, charitable giving, and appointment of executors. Additionally, it allows you to designate someone you trust to make medical and financial decisions on your behalf if you're unable to do so. By providing clarity and guidance, an estate plan can alleviate stress and prevent conflicts among family members during challenging times.

2. Beyond the Will:

While a last will and testament are essential components of an estate plan, it's crucial to include other documents such as financial and healthcare powers of attorney. These documents appoint individuals to manage your financial affairs and make healthcare decisions if you become incapacitated. A healthcare directive further communicates your medical preferences, ensuring your wishes are honored.

3. Avoiding Unwanted Outcomes:

Without an estate plan, state laws dictate how your assets are distributed, potentially overlooking your preferences and beneficiaries. Moreover, outdated beneficiary designations can override the instructions in your will, leading to unintended consequences. Establishing a comprehensive estate plan ensures your wishes are respected and your assets are distributed according to your desires.

4. Utilizing Trusts for Control:

Trusts offer a valuable tool for controlling the distribution of assets, especially in complex family situations or when minor beneficiaries are involved. By establishing a trust, you can stipulate specific conditions for asset distribution, providing protection and guidance for your loved ones even after your passing.

5. Expedited Inheritance and Tax Planning:

A well-crafted estate plan can expedite the inheritance process by bypassing probate and minimizing taxes on large property transfers. Beneficiary designations and transfer-on-death instructions facilitate swift asset distribution, sparing your loved ones from lengthy legal proceedings. Additionally, strategic tax planning during your lifetime can mitigate estate tax burdens, preserving more of your wealth for future generations.

6. Considering Every Detail:

In addition to financial assets, it's essential to include provisions for pets and digital accounts in your estate plan. Creating a pet trust ensures the well-being of your furry companions, while instructions for digital assets help facilitate their management and distribution.

7. Regular Reviews and Updates:

Laws and personal circumstances evolve over time, underscoring the importance of regularly reviewing and updating your estate plan. Consulting with a legal professional every few years ensures your plan remains aligned with your wishes and current regulations, providing peace of mind for you and your loved ones.

Creating an estate plan may seem daunting, but its benefits far outweigh the initial discomfort. By taking proactive steps to safeguard your assets and provide clarity for your loved ones, you can ensure your legacy is preserved and your family is protected during life's inevitable transitions. Don't wait until it's too late—start planning your estate today. Your family will thank you for it.

Navigating Probate in New York: A Guide for Executors

2024-01-26T21:17:41Z

Losing a loved one is an emotionally challenging experience, and when that loss is accompanied by the responsibility of being named the executor in their will, the situation can become overwhelming. In New York, when a loved one passes away with a will, the estate must go through the probate process. Understanding the basics of probate and the duties of an executor can provide valuable guidance during this difficult time. What is Probate? Probate is the legal process that occurs after a person's death. During this process, the court approves the deceased's will, ensures the distribution of assets according to the will's terms, and settles outstanding debts. In New York, probate proceedings take place in the "Surrogate's Court" of the county where the deceased resided. The estate subject to probate includes all assets, properties, and possessions, excluding certain assets exempt from probate such as trusts, designated beneficiary accounts, and life insurance policies. Executor’s Duties in New York Probate

Locating and Inventorying Assets:
- The executor is responsible for identifying and listing all assets that are subject to probate.
Transferring Assets to the Estate:
- Once identified, the executor must transfer the probated assets to the estate for distribution.
Paying Bills and Taxes:
- Using funds from the estate, the executor must settle outstanding bills and taxes owed by the deceased.
Collecting Debts:
- The executor is tasked with collecting any debts owed to the estate by the individuals or entities.
Managing Estate Assets:
- During the probate process, which may extend for several months or even years, the executor may need to invest and manage estate assets.
Distribution of Assets:
- Upon completion of the probate process, the executor distributes the remaining assets to the heirs according to the terms of the will.

Seeking Help During Probate The probate process is intricate and time-consuming, especially for those unfamiliar with the legalities involved. Executors often find comfort and guidance in seeking professional assistance. Help is readily available for individuals navigating the complexities of probating an estate. Whether you require legal advice, assistance with paperwork, or general guidance throughout the process, reaching out to professionals can ease the burden during a challenging period. Executors need not face the probate process alone; a support system can make a significant difference in managing the intricacies of settling a loved one's estate. In conclusion, while the probate process in New York may seem daunting, understanding the basics and seeking assistance when needed can streamline the journey. Executors play a crucial role in honoring the wishes of the deceased and ensuring a smooth and lawful distribution of assets. With the right support, navigating probate becomes a manageable process, allowing you to fulfill your duties with confidence and compassion during a difficult time.

Using estate planning to avoid probate

2022-03-04T11:00:04Z

Recently this blog covered what to expect during probate. As mentioned, probate can seem overwhelming, and you may not want to go through the time, expense and publicity associated with the probate process. Fortunately, there are some ways a person in New York can avoid probate through estate planning.

Gift assets

Small estates do not necessarily have to be probated. One way to reduce the size of your estate is to gift assets during your lifetime. One advantage of this is it could also lower your federal estate taxes if you would otherwise have a large estate. Note there are limits on how much you can give away tax-free each year. Gifting also gives you the personal satisfaction of seeing what your heirs do with their inheritance.

Living trusts

Trusts are not subject to probate. This is because the trustee, not you, is in charge of the assets placed in the trust and must distribute them per the terms of the trust. A living trust can be revocable or irrevocable. If revocable, you can name yourself as trustee and change the terms of your trust as you like during your lifetime. The terms of an irrevocable trust cannot be changed.

Payable on death accounts

Some accounts can be designated as “payable on death.” This means they bypass probate and go directly to the named beneficiary on the account. Bank accounts are one type of account that can be designated as “payable on death.”

Joint ownership of property

Sometimes spouses jointly own a piece of property as joint tenants with right of survivorship or tenancy by the entirety. If so, when one spouse dies the entire asset goes to the other joint tenant spouse without going through probate.

You can avoid probate if you wish

As this shows, there are a variety of ways you can use estate planning to avoid probate. Some people find that it is worthwhile to avoid probate, due to the time, publicity and expense of the probate process. Ultimately, it is important to execute an estate plan that meets your wishes, whether that means avoiding probate or not.

For love, now is the time to estate plan

2022-02-15T20:41:26Z

Even though the last two years have seen an unprecedented interest in estate planning, according to Gallup, less than 46% of United States residents even have a will, let alone a full estate plan. And, this is an issue that follows us into our golden years as just under one-quarter of those aged 65 and older had a will. But, without even a basic will, when we pass, we are leaving all of those important post-death decisions to some random judge.

Not just about death

Remember, an estate plan is not just about those post-death decisions, it's about us right now too. Living wills contain our medical treatment preferences, which is especially useful if one becomes incapacitated. That same Gallup survey found that more than 25% of adults were forced to make medical decisions for a loved one, like whether to remove them from life support. No one wants to leave such a burden on our loved ones.

A love letter

Think about it this way, everything that is in an estate plan is there because the drafter loves their family. In a way, it is a love letter to our families. It takes away the burden of figuring out who gets what, one’s medical wishes, burial and funeral arraignments, etc. It creates a pathway that can avoid litigation and additional heartache. After all, we do not want to pile on, in addition to our deaths. Especially for those with large estates, dying without a will or a comprehensive estate plan can permanently fracture a family as fights over the estate grow more and more contentious.

Legacy

On the other end of the spectrum, a comprehensive estate plan is also about creating a legacy. It can help shape organizations, causes and build communities. It can provide for our family. It is an outline of how we will be remembered. The first step is always the hardest. Decide to estate plan, and then make the call, send the email or do the web search. Start now because we do not know when our time will be up.

What to expect during probate

2022-02-16T18:46:44Z

Probate can feel like an overwhelming process, in part because it gets a lot of negative attention. There seems to be no end to articles about ways to avoid probate, but it can leave you wondering if probate is as bad as it seems. Unfortunately, probate always follows tragedy and feelings of grief. Even if a loved one’s passing is expected, probate gets closely tied with the feeling of loss. Probate can also take several months, so the process can seem tedious. Probate does not have to be a negative process. Here’s what you should know about probate, so you know what to expect.

The road to probate

Initially, the executor will need to file for probate with a probate petition, the original will and a certified death certificate. Depending on your loved one’s county of residence and their unique situation, you may need other supporting documents. After filing the petition, you will follow the court’s process for getting an inventory of your loved one’s assets. You will also need to contact the people listed in the will (beneficiaries) and any heirs-at-law if the court finds that the will is invalid.

Distributing assets

If probate were a simple matter of giving beneficiaries the assets listed in the will, the task would be much simpler. However, most estates have other obligations to fulfill before distributing assets. First, the estate must pay any owed taxes, followed by any outstanding debts. Keep in mind that some debts end when the debtor passes away, while others become a debt of the estate. It is essential to find out what applies to your loved one’s debts so you can resolve them properly. Finally, when the outstanding balances are paid, the beneficiaries can receive their inheritances.

What takes so long?

There are a few reasons probate can take a long time to complete. Often, there are delays in reaching creditors and beneficiaries. It can also take a while to track down a loved one’s assets, especially if they have many types of assets. While the probate process can seem cumbersome, it is essential to finalizing your loved one’s estate.

What does an executor do?

2022-01-31T13:18:36Z

As part of the will drafting process, New York residents must appoint an executor. An executor is a person who will administer your estate after you pass away. It is important to choose an executor who you believe is best suited to carry out your wishes in the event of your death. Therefore, an understanding of what exactly an executor does is necessary. An executor has a legal duty to act in your best wishes and according to the terms specified in your will. This is called a fiduciary duty. Some of an executor’s main duties include:

Identify all your assets and have them appraised
Paying your bills and creditors, as well as estate costs and taxes
Distribute your property according to the instructions in your will

Why having an executor is important

You may put off drafting a will and appointing an executor for various reasons. You may feel that you are too young, or in good health, and that drafting a will is not an immediate concern. However, without a will, your estate will be required to go through the probate process. An executor is still appointed as part of the probate process and has the same responsibilities as outlined above. However, asset distribution will be according to the complex rules of probate, rather than your will. Having an executor that you trust and have confidence in can be a huge relief. You can rest assured and have peace of mind that your property and assets will go to the loved ones of your choosing, and they will be taken care of if something happens to you. There are various requirements to drafting and filing a valid will that includes the appointment of an executor. A qualified estate planning attorney can help.

Many New Yorkers will have estate tax liability

2022-01-18T12:48:53Z

The federal government’s tax on the value of a person’s estate only applies to a handful of families. In 2022, the law assesses no taxes on an individual taxable estate of less than $12,000,000. Only a small minority of families will have to pay estate taxes to the federal government after a loved one dies. New York’s estate tax law has a significantly lower threshold. In New York, for the year 2022, a single person’s estate is subject to tax beyond what New York calls the Basic Exclusion Amount of $6,110,000. While most people do not have this kind of money, many people in the lower Hudson Valley would have to be mindful that, after they die, their loved ones could have to pay estate taxes to New York. Others may want to engage in some planning because their estates are close to the threshold, especially if their wealth continues to grow.

What are some common estate planning techniques?

New York’s estate tax is based off of the federal estate tax laws but subject to a few changes. Basically, though, if a New York estate is subject to the tax, the executor will file a federal return with the State of New York and add a separate form to calculate the state’s tax. In practice, this means a good start for planning to minimize one’s estate tax liability is to consider some common techniques people across the country might use to reduce federal estate taxes. One common example is planned gifting. Donations to tax-exempt charities are one example of planned gifting that reduces estate taxes. A person may also wish regular to give smaller gifts, within what is called the annual exclusion amount, to different loved ones over several years. More complicated legal techniques, such as creating trusts or setting up family corporations, may be the right fit for a person’s needs.