Shivers Law Group Sayville Attorneys | Elder Law, Estate Planning Suffolk, Nassau County 2026-06-30T23:25:23Z https://www.valerieshiverslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1604242/2023/09/cropped-SLG_FAV-32x32.png On Behalf of Shivers Law Group <![CDATA[Who can serve as an adult’s guardian in New York?]]> https://www.valerieshiverslaw.com/?p=47524 2026-06-30T23:25:23Z 2026-06-30T23:25:23Z Guardians must be competent, trustworthy adults As a general rule, only legal adults can accept the authority that comes with adult guardianship. Additionally, the guardian must be either a citizen or a lawful resident of the United States. Guardians must be assertive, organized and trustworthy enough to uphold the fiduciary duty they have to the adults in their care. They must be able to manage matters on behalf of another person and consistently act in that person's best interests. Criminal records can potentially make people ineligible for guardianship, although the severity of the offense and how recently it occurred can influence what a judge ultimately decides. The judge hearing the case has the final say regarding who they appoint and who is theoretically ineligible to hold that authority. When there are questions about who should serve as guardian, or if a prior criminal offense could interfere with a guardianship petition, an attorney could help people evaluate the situation as objectively as possible. Securing legal guidance is often necessary for those seeking guardianship when someone cannot handle their own affairs anymore.]]> On Behalf of Shivers Law Group <![CDATA[What is a Totten trust (and why you might use one)?]]> https://www.valerieshiverslaw.com/?p=47523 2026-06-21T08:35:01Z 2026-06-21T08:35:01Z Everyone age 18 and older should have at least a basic estate plan in place. While some people require complex financial vehicles like generational trusts, many people can get by with just a few basic documents. One example of these is a Totten trust. Read on to learn more and determine whether you need one or not.

The name is a misnomer

Totten trusts are not trusts at all in the usual sense. Rather, they are payable-on-death accounts that can only be accessed by beneficiaries after the account holder has passed away. The name is derived from a 19th-century New York court case, In re Totten, wherein the courts determined that one person can open a bank account for another. These accounts have also been dubbed “poor man’s trusts,” although people of all income levels can benefit from them.

What the accounts do

During the account funder’s lifetime, the funds can be used, transferred, depleted and withdrawn by the one who funded the account. They have full rights to close the accounts and change the beneficiaries at will. But once the account funder dies, these funds get transferred to the beneficiary without having to wait for probate to conclude.

Who can benefit?

Anyone who might not be a traditional beneficiary could benefit from Totten trusts. Think life-long friends, god-children, loyal employees and anyone else with whom the trust grantor shared a special relationship. There are no limits to the number of Totten trusts that can be funded.

Is your estate plan complete?

Give yourself the peace of mind that a solid estate plan can provide. Learning more about your options is a wise choice to make.    ]]> On Behalf of Shivers Law Group <![CDATA[How can trusts strengthen your asset protection in New York?]]> https://www.valerieshiverslaw.com/?p=47522 2026-06-19T13:02:28Z 2026-06-19T13:02:28Z Why consider trusts for asset protection? Trusts work by transferring ownership of your assets to a separate legal entity. This can provide a layer of protection that direct ownership may not offer. Here are some key benefits you might want to consider:
  • Creditor protection: Certain types of trusts can make it more difficult for creditors to access your assets. The trust technically owns them rather than you personally.
  • Privacy preservation: Unlike wills that go through public probate proceedings, trusts typically remain private documents. This keeps your financial affairs confidential.
  • Control and flexibility: You can establish specific terms for how and when beneficiaries receive assets. This could ensure your wishes are carried out according to your preferences.
  • Estate tax considerations: Properly structured trusts may help reduce the tax burden on your estate. This could potentially preserve more wealth for your beneficiaries.
Additionally, trusts can help protect assets from potential lawsuits, divorce proceedings and other legal challenges that might threaten your financial security.

What types of trusts might work for you?

New York law recognizes several trust structures that could enhance your asset protection strategy. Under New York law, these structures primarily include third-party spendthrift trusts. These protect inherited assets from a beneficiary's creditors. It also includes irrevocable Medicaid Asset Protection Trusts (MAPTs), which shield a grantor's home and savings from long-term care costs while preserving eligibility for public benefits. While New York law does not permit self-settled Domestic Asset Protection Trusts (DAPTs), third-party spendthrift trusts or out-of-state DAPTs are advanced legal avenues worth exploring with a qualified professional. The key is understanding that not all trusts provide the same level of protection. Your specific circumstances, including your financial situation, family dynamics and long-term goals, should guide your decision-making process.

Taking the next step

While trusts can be valuable components of an asset protection plan, they require careful consideration and proper implementation. The rules governing trusts in New York can be complex. The effectiveness of any trust depends heavily on how it is structured and managed. Understanding your legal options can help you evaluate whether trusts align with your objectives and guide you through the process of establishing arrangements that suit your unique needs.]]> On Behalf of Shivers Law Group <![CDATA[Unique Medicaid planning considerations for spouses]]> https://www.valerieshiverslaw.com/?p=47496 2026-06-08T02:13:34Z 2026-06-08T02:13:34Z When one spouse requires long-term care, many married couples worry that qualifying for Medicaid will mean losing most of their savings and financial security. Fortunately, Medicaid rules contain special provisions designed to protect healthy spouses from becoming impoverished when their husband or wife needs nursing home care. Understanding these unique Medicaid planning considerations can help couples make informed decisions before a crisis occurs. Unlike single applicants, married couples may benefit from spousal impoverishment protections. These rules allow the community spouse to retain certain assets and income while the other spouse seeks Medicaid eligibility. The goal is to prevent the healthy spouse from being left without sufficient resources to maintain a reasonable standard of living.

Playing the numbers game to a couple’s advantage 

Medicaid generally limits the amount of countable assets an applicant may own, but not all assets are treated the same way. Certain property may be exempt, and the community spouse may be allowed to retain a portion of the couple’s resources under federal and state guidelines. In some situations, the community spouse may be entitled to retain a portion of the institutionalized spouse’s income if necessary to meet living expenses. These rules can be especially valuable when one spouse relied heavily on the other's income before long-term care became necessary. Unfortunately, gifts or asset transfers made without proper planning may trigger penalties that delay eligibility. Well-intentioned transfers to children or other relatives can create significant problems if they occur within the look-back period. Because Medicaid rules are complex and frequently change, spouses should avoid making assumptions based on advice from friends or online sources. Every family's financial situation is different, and strategies that work for one couple may not be appropriate for another. Thankfully, careful, personalized planning today may help protect a family’s resources tomorrow. ]]> On Behalf of Shivers Law Group <![CDATA[A trust can delay when someone gets their inheritance]]> https://www.valerieshiverslaw.com/?p=47494 2026-05-26T14:56:57Z 2026-05-26T14:56:57Z There are many ways to use trusts to pass an inheritance on to the next generation. One of the benefits of putting money into a trust is that instructions can then be left for a trustee, allowing the grantor to influence when and how that inheritance is distributed. One tactic is to delay the inheritance and create a distribution schedule tied to the beneficiary’s age. This is sometimes done when the beneficiary is relatively young. A 19-year-old college student can technically inherit property, for example, but the grantor may want to delay when they receive a significant amount of money.

Picking multiple ages

Technically, a person could simply pick one age; for instance, they could state that the beneficiary gets access to the trust at 25. But they can also create a schedule and choose multiple ages for distributions. For example, the grantor may determine that the young person should immediately receive the first 10% of the inheritance, as long as they are a legal adult. They may then receive another 40% when they turn 25. But they would not receive the final 50% until they turn 30. If the grantor passes away while the beneficiary is still 19 years old, the inheritance could effectively be distributed over more than a decade.

Setting up a trust

This is simply one example of how a trust can be used. Grantors can also create trusts with a specific focus, such as paying college tuition costs, or they may use a special needs trust to help protect a beneficiary’s access to government benefits. To learn more about your legal options while creating an estate plan, it can be helpful to work with an experienced attorney.]]> On Behalf of Shivers Law Group <![CDATA[Proper signature procedures for a will in New York]]> https://www.valerieshiverslaw.com/?p=47492 2026-05-12T10:28:11Z 2026-05-12T10:25:02Z A will is valid in New York when it’s in writing, signed by the person whose will it is (the testator) and witnessed by at least two individuals. Thus, a will must have a minimum of three signatures. If you are drafting one, it’s vital to be informed about proper signature procedures.  Here is what to know about signing a will in New York:

Who can sign a will?

A testator must sign their will at the end of the document. Or, if they are physically unable to sign their own name, have someone else do so on their behalf while in their presence. If another person signs the will, they should provide their own name and residence address. At least two witnesses must either be present to see a testator signing a will or hear them acknowledge the signature. Each witness must then sign their name and include their address of residence. Forgetting to include the address won’t necessarily invalidate the will, but it could cause complications if the probate court needs to contact the witnesses.

Can information be added after the testator’s signature?

The only thing that should come after the testator’s signature on the will is the attestation clause. This is the provision signed by the witnesses, confirming that the document was executed in accordance with state laws. Including extra text could cause confusion during probate, and the court might just decide to ignore that text. A will is such a crucial document that it is essential you make it correctly. Seeking legal guidance to create it can help you comply with all the requirements.  ]]> On Behalf of Shivers Law Group <![CDATA[Can Medicaid planning start before you need care?]]> https://www.valerieshiverslaw.com/?p=47490 2026-04-30T02:19:11Z 2026-04-30T02:19:11Z Many people wait to think about Medicaid until a parent needs nursing home care or help at home. At that point, the family may already feel rushed, overwhelmed and unsure which assets are at risk. Early planning gives you more time to understand your options before health needs become urgent. For adults in their 50s, 60s and beyond, Medicaid planning is not only about applying for benefits. It is about preparing for possible long-term care while protecting as much stability as possible for a spouse, children or other beneficiaries.

Medicaid planning works better with time

New York Medicaid rules include a "look-back" period for certain asset transfers when someone applies for nursing home coverage. The New York State Department of Health currently defines the look-back period as the 60 months before a person is both institutionalized and applying for Medicaid. While a 30-month look-back for community-based care has been discussed in New York legislation, its implementation has faced delays. That is why waiting until care is already needed can create potential eligibility hurdles. Gifts, property transfers or account changes made too close to an application may result in a penalty period impacting eligibility. Early planning gives families time to review assets, understand current rules and avoid rushed decisions.

Planning is not the same as giving everything away

Some people worry that Medicaid planning means losing control of everything they own. That is not the goal. A careful plan starts with understanding what you have, what you need and what your family may need if your health changes. For many families, Medicaid planning may involve reviewing:
  • Home ownership
  • Bank and investment accounts
  • Retirement income
  • Life insurance
  • Existing trusts
  • Prior gifts or transfers
  • Care needs for a spouse
These details help determine which options may fit your situation. They also help prevent choices that could create eligibility delays later.

Adult children can help before a crisis

Adult children often step in when a parent has a sudden illness, fall or hospital stay. Without planning, they may have to search for account statements, deeds, insurance policies and medical information under pressure. Starting early gives families time to organize documents and talk through wishes. It can also reduce conflict among siblings because everyone has a clearer understanding of the parent’s plan.

A plan can protect more than money

Medicaid planning is easier to handle before care becomes urgent. If you are in your 50s, 60s or helping an aging parent, start by gathering the basics: deeds, account statements, insurance policies, trust documents and records of any recent gifts or transfers. Those documents can help you see what needs attention now and what could create problems later. The goal is not to predict every future care need. It is to make sure your family has enough information to act carefully, not quickly, if nursing home care or home care becomes necessary.]]> On Behalf of Shivers Law Group <![CDATA[Who should and should not be your executor in New York]]> https://www.valerieshiverslaw.com/?p=47489 2026-04-23T17:06:23Z 2026-04-23T17:06:23Z What an executor actually has to do When you name someone as executor in your New York will, you are asking them to take on a real job. After your death, they file your will with the Suffolk County Surrogate's Court, receive Letters Testamentary that authorize them to act on behalf of your estate and then get to work. That work includes locating and valuing your assets, notifying creditors, paying outstanding debts and taxes, managing any ongoing financial obligations and ultimately distributing what remains to your beneficiaries. This process takes time. In New York, even a straightforward estate administration can run a year or more. A complicated one can run longer. Your executor handles all of it, often while grieving, often while managing their own career and family and often while fielding questions and concerns from beneficiaries who want updates. Under New York law, your executor receives a statutory commission for this work based on the size of your estate, calculated on a tiered schedule that adjusts as the estate value increases. That is appropriate compensation for a genuinely demanding responsibility.

Who tends to struggle in the role

The qualities that make someone a wonderful person and a devoted family member do not always translate into executor effectiveness. Here are the situations that tend to create problems:
  • The out-of-state family member. New York allows non-residents to serve as executor but requires additional legal steps, including designating the Secretary of State as an agent for service of process. The logistical burden of managing a Suffolk County estate from another state adds friction at every turn.
  • The family member with their own financial struggles. An executor has fiduciary duties to every beneficiary. Someone who has difficulty managing their own money faces a steep climb in managing yours responsibly and legally.
  • The family member whose relationship with other beneficiaries is already complicated. An executor who has to make decisions while navigating family tension is in an uncomfortable position that tends to make existing conflict worse, not better.
None of this means the person you love most is the wrong choice. It means the decision deserves more thought than most people give it.

How to think about this decision differently

The best executor is someone organized, trustworthy, geographically accessible and capable of staying calm under pressure for an extended period. Sometimes that person is your oldest child. Sometimes it is a close friend with a financial background. Sometimes it is a professional fiduciary or a corporate trustee when no suitable individual exists. An estate planning attorney familiar with how Suffolk County Surrogate's Court works can help you think through your specific family situation, talk honestly about whether your first instinct is also your best one and make sure the person you name is genuinely set up to succeed in the role.]]> On Behalf of Shivers Law Group <![CDATA[What should a New York power of attorney allow someone to do?]]> https://www.valerieshiverslaw.com/?p=47488 2026-04-16T10:44:31Z 2026-04-16T10:34:37Z Who would pay your bills if you went into the hospital and could not manage your finances for a while? Many New Yorkers sign a power of attorney for exactly that reason. But this document should do more than name a trusted person. It should give that person the right powers for your real life.

A power of attorney should match your daily needs

In New York, a power of attorney can let your agent handle financial and property matters during your lifetime. Depending on the language you choose, that may include banking, real estate, insurance, taxes, estate matters and claims or litigation. The state’s statute lists these categories in detail, which is why broad phrases can create confusion if the document does not reflect what you actually want; however, current law allows the form to remain valid as long as it "substantially complies" with the legal template.  For many people, the most useful powers include paying routine bills, managing accounts, dealing with tax issues and handling property matters if a sale or refinance comes up. That kind of authority often fits naturally with other advance planning documents that help families prepare for illness, incapacity or aging.

Some powers deserve special thought

This is where many people need to slow down. A power of attorney can cover a lot, but you do not need to give your agent unlimited control. You may want your agent to manage banking and bills, but not sell your home. You may want help with real estate matters, but not with making gifts. New York’s statutory short form makes this especially important. The form lets you add modifications, and you must give gift authority through that section if you want your agent to have it. So your document should clearly state any extra authority you want your agent to use.

Validity rules also matter

A helpful document still needs to meet New York’s legal requirements. State law says a power of attorney must be signed, acknowledged before a notary and signed by two disinterested witnesses. The statutory short form includes important warnings for both the principal and the agent. New York law also addresses when others must accept a properly executed form, imposing potential penalties on institutions that "unreasonably refuse" to honor a valid document.

The right powers depend on your stage of life

The best New York power of attorney usually gives your agent enough authority to help when needed without giving away control you never intended to share. If you are in your 50s, 60s or beyond, that often means thinking through banking, property, taxes and long-term planning before an emergency forces the issue.]]> On Behalf of Shivers Law Group <![CDATA[How to prepare for the court evaluator when seeking guardianship]]> https://www.valerieshiverslaw.com/?p=47487 2026-03-23T15:38:40Z 2026-03-23T15:38:40Z Steps to take before the court evaluator’s visit The court evaluator acts as the eyes and ears of the judge to ensure the legal proceedings respect the dignity of the alleged incapacitated person (AIP). To help this official understand the support needs of the AIP such as an elderly relative, families can take several key steps:
  • Organize a functional summary: Rather than focusing only on medical labels, families should list tasks where the senior requires help, such as managing a checkbook or remembering life-saving medications. This list can help the evaluator see where the functional limitations require intervention.
  • Audit the home environment: The evaluator looks for signs of safety and stability, so families should ensure the pantry has fresh food and the home remains free of physical hazards. A well-maintained living space can show that the proposed guardian already prioritizes the physical well-being and comfort of the senior.
  • Prepare a contact sheet: Having a list of doctors, social workers and close friends ready for the evaluator can save time and show a high level of organization. These professional and personal references provide a 360-degree view of the senior's life and the strength of their existing support network.
  • Inform the senior about the visit: Families should explain to their loved ones that a neutral official will visit to help the judge understand their needs. Mentioning that the evaluator will discuss their rights, including the right to an attorney, can help reduce anxiety and defensiveness during the interview.
A clear meeting assists the evaluator in writing a helpful report for the judge. This document can help determine if the court grants the request and which rights the guardian will manage.

Advocating for the quality of life of loved ones

Guardianship represents a commitment to the safety and autonomy of loved ones. However, going through sensitive proceedings and managing court requirements can be complex. With legal counsel, families may better advocate for the quality of life of their loved ones.]]>