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Elder Law

Tuesday, June 18, 2019

New Addition to my Firm


I am excited to announce the addition of DANIEL J. REITER, ESQ to my firm!

Daniel joins Sverdlov Law PLLC as Of Counsel. I have also joined Daniel’s firm as Of Counsel.

Our top priority has always been quality of our work and stellar client service and results. Our new Of Counsel relationship allows us to offer an enhanced array of estate, trust, special needs, and elder legal services to the community.


Read more . . .


Saturday, June 8, 2019

Do You Need a Health Care Proxy?


In New York, the two documents that allow an individual to detail their future medical wishes are a Health Care Proxy and a Living Will. You can also combine the two into one document: in the Health Care Proxy you can both nominate and provide specific instructions to your agent.


Purpose: A Health Care Proxy allows an individual to plan their future medical decisions in the event they are incapacitated. Given the state of today's medicine, individuals are commonly subjected to advanced life support systems and invasive medical treatments that only prolong the end-of-life care. If you have any specific wishes in regards to your end-of-life care (e.


Read more . . .


Tuesday, April 16, 2019

Ways to Pay for Long-Term Care


A good friend of mine and a wonderful specialist is hosting a Free Webinar:


Ways to Pay for Long-Term Care

Cynthia Perthuis, Elder Care Strategist and head of the New York office of Senior Care Authority, will offer valuable insights and tips in this free session on how to be strategic about planning for long-term care. Followed by Q & A.
When: Thursday, April 18
Time: 1 PM to 2 PM
Cost: FREE

 To register, click on the link below. 

https://zoom.
Read more . . .


Saturday, April 6, 2019

Presumption of Revocation of Lost Will is Not Easy to Overcome


You must be very careful to store your Will properly, otherwise, if it cannot be found, the court is likely to consider it revoked and your assets will be distributed in accordance with intestacy rules.


In recent case In Re Scollan (2018), in which a valid Will could not be found, the court ruled that a presumption of revocation of the Will was not overcome.


There is a strong presumption that a Will known to be in the decedent's possession that cannot be located after the decedent's death was destroyed by the decedent with the intent to revoke. The retention of a copy of the Will by the decedent's attorney, decedent's statements regarding testamentary intentions, and suspicion that the Will was fraudulently destroyed (without supporting facts and circumstances) are not sufficient to overcome the presumption.


If you are afraid that your Will is at risk of being lost or destroyed (due to memory issues, the behavior of omitted beneficiaries, or any other reason), then your Will should be stored either in your attorney's office, a safe deposit box, or with a trusted friend.


Read more . . .


Saturday, March 16, 2019

A To-do List To Protect The Identity Of A Loved One Who Passed Away

Unfortunately, identity theft is rampant and it doesn’t only involve the living.  

Here's an important checklist to ensure you aren't made vulnerable.


Read more . . .


Monday, December 10, 2018

Use free services to stay independent


There are plenty of free services available to seniors who want to remain living at home. 

Read this Guide from Harvard Medical School to find out if any of these resources can be helpful to you or your loved ones.
Read more . . .


Sunday, April 29, 2018

Seniors are one of the fastest growing demographics that is interested in medical marijuana

Medical marijuana may help with a variety of age-related illnesses, including  arthritis, insomnia, and pain.


Read more . . .


Tuesday, April 10, 2018

'Aggressive' Advance Directive Permits Halting Food And Water In Severe Dementia

Is this something that you would want? I will be the first person to sign it - because I see the pain and suffering that people go through during the years of dementia.


Read more . . .


Tuesday, March 6, 2018

Was your aunt unduly influenced by her neighbor when she transferred her house to him?


Issue of undue influence comes up often in the context of contested probate proceedings. A relative dies, and when the heirs start going through the estate of the dearly beloved, it turns out that there is not much left. Apparently 3 months before her death the aunt transferred her $2MM Manhattan apartment to a next door neighbor. And she named that same neighbor as a beneficiary on her $1MM IRA account and on her $500K life insurance policy. The question then arises – were these transfers made out of free will or were these the result of undue influence?

Undue influence requires a finding that a person was restrained from acting independently, or was constrained to do that which was against her free will and desire.
Read more . . .


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Sverdlov Law's practice focuses on estate planning, probate and estate administration, Medicaid planning, elder law, and business succession matters.



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