| How
should I prepare for the initial consultation? |
| In advance of the actual meeting, we
will supply you with a list of required documents. Basically,
the paperwork that is needed is a compilation of assets such
as property deeds, bank account information, stocks, IRA's,
etc. [back to list] |
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| Who should I
bring with me to the consultation? |
| If the planning is for yourself, you
may want to ensure privacy by coming alone. Others, however,
may want to bring a family member or trusted friend for another
set of ears. The general rule is to do whatever makes you feel
comfortable. [back to list] |
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| How long is the
initial consultation? |
| The initial consultation is scheduled
for 1 1⁄2 hours, sometimes it takes longer and sometimes
not. This is a very involved, detailed meeting which results
in a suggested plan that achieves the personal objectives of
each client. In order to make the most of this meeting, it
is recommended that you come prepared with the proper documents.
[back to list] |
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| What will it
cost for your services? |
| Generally, the planning fees are a direct
reflection of the complexity and sophistication of the documents
being prepared. There are basic fees set for basic planning
documents and then the fees may increase as the planning becomes
more involved and intricate. We will, of course, obtain your
consent in advance. [back to list] |
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| Where are you
located? |
| For your convenience, we have two locations:
Islandia and Mattituck (Click
the appropriate link for a map & driving directions).
Islandia is centrally located at Exit 57 on the Long Island
Expressway at the intersection of Veterans Highway and the
South Service Road. Our Mattituck office is a convenient
choice for our East End clients located right on Main Road,
in the heart of the village. When calling to make an appointment,
please specify which location you would prefer. [back
to list] |
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| Do you make home
visits? |
| The attorneys of Davidow, Davidow, Siegel & Stern would be pleased to accommodate those clients who
are either homebound or cannot travel to the office. In order
to offer this service, we ask that the traavel time of the attorney
to and from the home be accounted for in the billing process.
[back to list] |
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| How do I know
when I need to see an elder law attorney? |
| There are numerous instances where legal
counsel should be obtained. For example, when there is no Durable
General Power of Attorney in place, a spouse, child or other
relative will often have to proceed with a guardianship action
in order to represent an incapacitated loved one. When a health
care proxy is not being honored, an attorney should step in
to pursue the intentions of the incapacitated person. an elder
law attorney can also guide a family through the Medicaid application
process and advise the family on entitlements, responsibilities
and exemptions associated with eligibility. Finally, if you
do not have a will, state law controls the disposition of your
property and settling these types of estates is troublesome
and costly. [back to list] |
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| When do I need
to consider estate planning? |
| If you think wills are only for the rich,
you're wrong! A will is an essential part of any estate plan
and is the primary document for transferring your wealth upon
your death. If you die intestate (without a will), state law
controls the disposition of your property. In addition to wills,
more sophisticated planning should be considered with any of
the following situations: to provide for a child with special
needs, in the event of a second marriage, if there is a family
business, if you are charitably inclined and many other reasons.
[back to list] |
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| What is a "Living
Trust"? |
| A "Living Trust" is a means
of managing your property during your lifetime and disposing
of the property after your death with probate. It can be a
revocable or an irrevocable trust. [back to list] |
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| Will a revocable
trust protect me from Medicaid? |
| No. If YOU have access to your assets,
Medicaid can get your assets. [back to list] |
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| Which is more
beneficial to me - a life estate or an irrevocable trust? |
| That depends on your situation. It is
a matter that must be discussed with an attorney considering
that there could be circumstances that might affect your decision,
but, be careful, life estates tend to be misused. [back
to list] |
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| When will I
get my documents? |
| In approximately two (2) weeks from the
time the fully executed documents are in our possession. [back
to list] |
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| How long can
I expect to receive my deed in the event of revisions? |
| It takes about four (4) months to receive
a Suffolk County deed and almost a year for a Nassau County
deed, although attached when signed. A New York City deed might
take as long as nine (9) months to be returned. As soon as we
receive your deed, it will be forwarded to you. [back
to list] |
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| Where are the
original documents kept? |
| In our fireproof vault system. [back
to list] |
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| If a family
member made a will (power of attorney, etc.) with you, how would
I go about getting a copy? |
| We will need written authorization from
our client or his/her attorney-in-fact before we can release
these documents to you. It would be a breach of our fiduciary
responsibility to our client if we were to release these confidential
documents to you without authorization. [back
to list] |
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| When will I
become eligible for Medicaid? |
| The attorney will look at the assests
owned or previously owned, and will then be able to calculate
Medicaid eligibility. With our firm, it will be at the earliest
possible date. [back to list] |
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| My mother lives
in Florida. Can you represent her? |
| Yes, if she would be coming up to New
York for nursing home care. [back to list] |
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