If you own rental property, whether it should be held in an LLC or a trust depends on your goals. An LLC is often used to help limit personal liability and separate business assets from personal assets. A trust is typically used for estate planning, incapacity planning, and transferring property to beneficiaries....
What If You Lose Your Original Will?
Losing your original will does not automatically mean your estate plan is invalid, but it can create significant complications. In New York, when an original will cannot be found after a person's death, the court may presume that the person intentionally revoked it. Overcoming that presumption is possible in some cases, but...
What Is the Medicaid Look-Back Period in New York?
The Medicaid look-back period in New York is a review of your financial history before you apply for nursing home Medicaid. During this period, Medicaid examines asset transfers to determine whether property was given away or sold for less than fair market value. If it was, a penalty period may delay when...
When Does a Power of Attorney End in New York?
A power of attorney (POA) in New York ends when certain legal events occur, including revocation by the principal, the principal’s death, court intervention, or other triggering circumstances. In most cases, authority ends immediately once one of these events occurs. Once it ends, the agent no longer has authority to act, and...
Can a Landlord Enter a Tenant’s Apartment During an Emergency in New York?
A landlord may enter a tenant’s apartment without prior notice when a true emergency threatens people or property. New York law recognizes that urgent situations sometimes require immediate access to prevent injury or serious damage. In these cases, landlords are generally permitted to enter without waiting for tenant consent. Disputes often...
How Estate Planning Can Help You Navigate a Divorce
Divorce is a significant life change that affects nearly every part of your future. If you have an estate plan already in place, it can guide you through the changes you’ll need to make post-divorce. If you’ve already made a plan for which assets go where upon your death, that preparation might...
Planning for Long-Term Care: Key Steps to Take Early
It is never easy to imagine a time when you might need help with everyday tasks, but thinking ahead really matters. Long-term care costs keep climbing, and without a plan, families often end up stressed—financially and emotionally. By planning early, you can protect what you have worked for, learn your Medicaid options,...
What You Need to Know About Property Deeds in Estate Planning
Any real estate you own should be included in your estate plan. The way your property is titled through the deed determines what happens to it after you pass away. Many people focus on wills or trusts but overlook how the deed itself can affect ownership and how the property is transferred.
Why Elder Law Matters More Than Ever in Estate Planning
Living longer is a gift, but it also brings new challenges. Today’s families face rising healthcare costs, complex Medicaid rules, and the emotional challenge of caring for aging loved ones. Elder law attorneys help address those realities, ensuring your wishes are honored and your assets are preserved. For many families in...
A Guide for Real Estate Transactions for First-Time Buyers
Buying your first home is an exciting milestone, but it can also feel unfamiliar. Between contracts, inspections, and closing paperwork, there’s a lot to manage before you get the keys. With the proper legal guidance, the process can be transparent, efficient, and rewarding. At Merlino & Gonzalez, we help first-time buyers...