Linda L. Kordes, Attorney at Law
NEWS
- Oct 1, 2010 - The article focuses on the need for a well-drafted and executed power of attorney to delegate authority on behalf of an elderly or disabled person, and where none exists, the need to then commence a guardianship proceeding to obtain that same authority. Guardianships are expensive, time consuming, and, in many cases, difficult to win. Two case studies present unique issues of law within the scope of the Mental Hygiene laws, the statutes that govern most aspects of the guardianship proceeding.
- July 25, 2008 - The New York State budget reflects a substantial increase in the Medicaid resource limits: from $4,350.00 to $13,050.00 for a single applicant.
- Sept 19, 2007 - We are pleased to announce that we now accept American Express for all payments and services. This will provide our clients with a larger variety of payment options.
- Aug 6, 2007 - Anyone who does not wish to be kept alive in the event of a persistent vegetative state resulting from illness or injury should prepare specific written directives.
Guardianship Concerns in New York State
Medicaid Resource Limit Increase
American Express Now Accepted for Payments
Health-Care Proxies
Probate and Administration
These are the types of cases commenced in court after a person dies with property that must be disposed of or distributed. That person is referred to as the decedent. A probate is a type of case where a decedent's will is offered to the court so that a decedent's property can be distributed according to his or her intent. Where there is no valid will, an administration proceeding is commenced.
In a probate proceeding, the Executor under the will asks the court to be appointed to handle the estate business. In most cases, the Executor marshals the assets, pays the bills and ultimately, distributes the remaining assets to the beneficiaries. In a probate proceeding, the Executor acts with the decedent's intentions as his guide.
In an administration proceeding, the decedent's intentions are unknown since there is no valid will to state them. In that case, the state steps in and dictates intent according to a scheme devised by the state legislature. Here, a family member usually asks to be appointed Administrator who then marshals the assets, pays the bills and ultimately, distributes the remaining assets according to shares determined by the state.
Note: This content is based upon the law as it exists today in New York State, and that it is general in nature and not designed to specific situations that may have additional facts not contemplated by the author.