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
Wills
A will is a document that provides for the distribution of one's (decedent's) property after her death. Within the will the decedent nominates an Executor who is the person who steps in her shoes and carries on and settles her business after she has passed. The primary reason to have a will is to make sure that the decedent's property is distributed in a way that the decedent-and not the state-wants.
For example, let's say Mary and Bob are married with two minor children. Where Mary dies without a will, Bob shall inherit $50,000.00 plus one-half of the remainder; the balance would pass to the children. If that distribution is inconsistent with Mary's wishes, then she needs a will. What if both Mary and Bob die in an accident? Without a will, the court would appoint a guardian for the children absent the benefit of Mary and Bob's recommendations, recommendations that should have been included in their respective wills.
There are many more contingencies that can be addressed in a will, too numerous to enumerate here. While it is possible for an individual to prepare and execute a will on her own, it is not suggested because of all of the technical requirements.
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.