Q: Trusts and Estate Planning

At Abraham Mazloumi & Associates, we assist with "Trusts and Estate Planning," which encompasses the broad legal strategies needed to protect your assets and provide for your loved ones . This area of law addresses how your belongings will be handled and distributed upon your death, through tools like Last Wills & Testaments and various types of trusts. Your estate plan should reflect your unique life circumstances–whether you're single or married, have children or not, possess significant wealth or modest means, or have specific cultural or religious considerations. We offer expertise in multiple trust options to meet these varying needs: Revocable Living Trusts for flexibility and probate avoidance Irrevocable Trusts for asset protection and tax benefits Medicaid Asset Protection Trusts to help qualify for long-term care Special Needs Trusts for disabled beneficiaries Life Insurance Trusts for tax-efficient wealth transfer Every estate plan is unique because every life situation is different. At Abraham Mazloumi & Associates, we take time to understand your specific circumstances and wishes, ensuring your estate plan provides clear instructions for the disposition of your assets while protecting your legacy according to your values and goals.

Q: Last Will and Testament

At Abraham Mazloumi & Associates, we help clients understand the crucial benefits of having a Last Will and Testament . A Will serves two essential functions: it allows you to choose your beneficiaries and select your executor - decisions that would otherwise be left to New York State law. Your Will gives you control over your legacy . Not only can you select who receives your assets, but you can also name alternate beneficiaries to ensure your wishes are carried out even if circumstances change. This flexibility helps protect your estate and your loved ones' interests. The role of your executor is equally important. This person will be responsible for probating your Will in Surrogate's Court, collecting and managing your assets, paying debts, and distributing your estate to beneficiaries. Choosing the right executor is crucial , especially when dealing with complex assets or larger estates, which is why we help you carefully consider this decision and name appropriate alternates. We'll guide you through all aspects of creating your Will , from understanding additional benefits to implementing provisions that protect your interests and those of your beneficiaries. At Abraham Mazloumi & Associates, we ensure your Will works in harmony with your overall estate planning goals, including asset protection strategies.

Q: Probate & Estate Administration

At Abraham Mazloumi & Associates, we guide executors and beneficiaries through the complex process of probate –the legal procedure of validating a Last Will & Testament through Surrogate's Court. This crucial process authorizes the executor to act on behalf of the estate and distribute assets according to the deceased's wishes. The probate process involves multiple critical steps . Your Will must be submitted to court, and all potential heirs under New York law must be notified and given an opportunity to object. Only after the court issues "letters testamentary" can your executor begin collecting assets, paying debts, and making distributions to beneficiaries. Many factors can complicate and delay probate, including the number and location of distributees, potential objections to the Will, and compliance with legal requirements. This is why many of our clients choose to avoid probate by establishing and funding a Trust during their lifetime–assets held in Trust generally pass to beneficiaries without going through probate. At Abraham Mazloumi & Associates, we represent both executors navigating the probate process and beneficiaries concerned about how an estate is being handled. Our experienced attorneys ensure your interests are protected , whether you're administering an estate or inheriting from one.

Q: Elder Law

At Abraham Mazloumi & Associates , our dedicated elder law attorneys possess comprehensive expertise in protecting seniors' rights, assets, and wishes, providing crucial advantages during life's most important transitions . Elder law encompasses much more than basic estate planning - it requires a thorough understanding of healthcare, housing, financial security, and quality of life issues affecting older adults. Because we are Elder Law Attorneys - not general practice lawyers - we can address not just immediate needs but implement comprehensive legal strategies tailored to each client's unique situation. Our elder law services include essential planning tools like powers of attorney, Medicaid applications and planning, and various types of trusts. We help protect seniors' assets while ensuring they maintain control of their affairs and receive the legal protections and health care they need. If a loved one becomes incapacitated or requires long-term health care, we guide families through complex legal and financial decisions , including guardianship proceedings when necessary, always focusing on protecting our clients' interests. At Abraham Mazloumi & Associates, we handle everything in-house–from initial consultation through implementation of sophisticated legal strategies–ensuring seamless coordination of all aspects of elder care planning.

Q: Medicaid Applications

Working with Abraham Mazloumi & Associates , whose attorneys possess a complete understanding of Medicaid benefits, eligibility criteria, and the process of securing those benefits, offers substantial advantages to Medicaid applicants . The more complete & accurate the Medicaid application is when you first submit it, the less likely it is to encounter a "delay" and the more likely it is for the application to get approved. Additionally, to qualify for Medicaid, you need to meet Medicaid's income & resource requirements . Because we are Elder Law Attorneys–not Medicaid "consultants" without legal training– we can handle not only the Medicaid application, but also provide legal advice or implement legal strategies , tailored to your situation. If your income is too high, or if you have too many assets, we can help with "strategic" or "creative" Medicaid planning in compliance with (and taking advantage of) applicable laws. At Abraham Mazloumi & Associates, we handle the entire Medicaid process from beginning to end–ensuring your application is complete and accurate when first submitted, minimizing delays and maximizing approval chances. If questions arise after submission, we work directly with you and Medicaid personnel to resolve issues quickly.

Q: Special Needs Trust & Planning

At Abraham Mazloumi & Associates, we understand that planning for individuals with special needs requires unique legal strategies to protect both their assets and their essential government benefits. Special Needs Trusts are powerful tools that allow disabled individuals to maintain eligibility for crucial programs like Medicaid and Social Security Supplemental Income (SSI) while preserving financial resources for their care. A Special Needs Trust is an Irrevocable Trust specifically designed to protect government benefits for individuals who are disabled or have special needs. This type of trust enables beneficiaries to keep or receive money without losing their existing benefits or to qualify for benefits in the first place. We help establish Special Needs Trusts for various situations - whether you need one for yourself, your child, a relative, or a friend. Each trust must be carefully structured to address critical questions such as trust management, asset distribution, and succession planning after the beneficiary's death. At Abraham Mazloumi & Associates, we handle every aspect of Special Needs Planning in-house. We'll work with you to understand your specific goals and implement strategies that protect both government benefits and quality of life for your loved ones with special needs.

Question 1

Trusts and Estate Planning

Accepted Answer

At Abraham Mazloumi & Associates, we assist with "Trusts and Estate Planning," which encompasses the broad legal strategies needed to protect your assets and provide for your loved ones. This area of law addresses how your belongings will be handled and distributed upon your death, through tools like Last Wills & Testaments and various types of trusts.

Your estate plan should reflect your unique life circumstances–whether you're single or married, have children or not, possess significant wealth or modest means, or have specific cultural or religious considerations. We offer expertise in multiple trust options to meet these varying needs:

Revocable Living Trusts for flexibility and probate avoidance
Irrevocable Trusts for asset protection and tax benefits
Medicaid Asset Protection Trusts to help qualify for long-term care
Special Needs Trusts for disabled beneficiaries
Life Insurance Trusts for tax-efficient wealth transfer

Every estate plan is unique because every life situation is different.

At Abraham Mazloumi & Associates, we take time to understand your specific circumstances and wishes, ensuring your estate plan provides clear instructions for the disposition of your assets while protecting your legacy according to your values and goals.

Question 2

Last Will and Testament

Accepted Answer

At Abraham Mazloumi & Associates, we help clients understand the crucial benefits of having a Last Will and Testament. A Will serves two essential functions: it allows you to choose your beneficiaries and select your executor - decisions that would otherwise be left to New York State law.

Your Will gives you control over your legacy. Not only can you select who receives your assets, but you can also name alternate beneficiaries to ensure your wishes are carried out even if circumstances change. This flexibility helps protect your estate and your loved ones' interests.

The role of your executor is equally important. This person will be responsible for probating your Will in Surrogate's Court, collecting and managing your assets, paying debts, and distributing your estate to beneficiaries. Choosing the right executor is crucial, especially when dealing with complex assets or larger estates, which is why we help you carefully consider this decision and name appropriate alternates.

We'll guide you through all aspects of creating your Will, from understanding additional benefits to implementing provisions that protect your interests and those of your beneficiaries.

At Abraham Mazloumi & Associates, we ensure your Will works in harmony with your overall estate planning goals, including asset protection strategies.

Question 3

Probate & Estate Administration

Accepted Answer

At Abraham Mazloumi & Associates, we guide executors and beneficiaries through the complex process of probate–the legal procedure of validating a Last Will & Testament through Surrogate's Court. This crucial process authorizes the executor to act on behalf of the estate and distribute assets according to the deceased's wishes.

The probate process involves multiple critical steps. Your Will must be submitted to court, and all potential heirs under New York law must be notified and given an opportunity to object. Only after the court issues "letters testamentary" can your executor begin collecting assets, paying debts, and making distributions to beneficiaries.

Many factors can complicate and delay probate, including the number and location of distributees, potential objections to the Will, and compliance with legal requirements. This is why many of our clients choose to avoid probate by establishing and funding a Trust during their lifetime–assets held in Trust generally pass to beneficiaries without going through probate.

At Abraham Mazloumi & Associates, we represent both executors navigating the probate process and beneficiaries concerned about how an estate is being handled. Our experienced attorneys ensure your interests are protected, whether you're administering an estate or inheriting from one.

Question 4

Elder Law

Accepted Answer

At Abraham Mazloumi & Associates, our dedicated elder law attorneys possess comprehensive expertise in protecting seniors' rights, assets, and wishes, providing crucial advantages during life's most important transitions.

Elder law encompasses much more than basic estate planning - it requires a thorough understanding of healthcare, housing, financial security, and quality of life issues affecting older adults. Because we are Elder Law Attorneys - not general practice lawyers - we can address not just immediate needs but implement comprehensive legal strategies tailored to each client's unique situation.

Our elder law services include essential planning tools like powers of attorney, Medicaid applications and planning, and various types of trusts. We help protect seniors' assets while ensuring they maintain control of their affairs and receive the legal protections and health care they need.

If a loved one becomes incapacitated or requires long-term health care, we guide families through complex legal and financial decisions, including guardianship proceedings when necessary, always focusing on protecting our clients' interests.

At Abraham Mazloumi & Associates, we handle everything in-house–from initial consultation through implementation of sophisticated legal strategies–ensuring seamless coordination of all aspects of elder care planning.

Question 5

Guardianships

Accepted Answer

At Abraham Mazloumi & Associates, we understand the complexities families face when a loved one becomes mentally incapacitated. When an individual can no longer make decisions or care for themselves, a relative or friend often needs to step in, whether for basic tasks or more complex financial and health care decisions.

Ideally, via Power of Attorney (POA), the incapacitated individual would have pre-selected an agent to handle these matters; however, many individuals don't have a POA or their POA may lack necessary powers. When this happens, no one has the legal authority to act on behalf of the incapacitated person, and a guardianship may be required.

In such cases, a formal Article 81 guardianship proceeding must be commenced in the New York Supreme Court. This can be a complex and costly process, especially when family members or friends disagree on who should be appointed guardian.

Abraham S. Mazloumi is a court-appointed guardian in numerous cases and has served in various other capacities (such as court evaluator & court-appointed attorney for the alleged incapacitate person (AIP)) in countless guardianship cases, including contested ones. Because of this extensive experience, we can provide legal counsel for all matters related to guardianships.

At Abraham Mazloumi & Associates, we provide experienced guidance throughout the entire guardianship process.

Question 6

Medicaid Planning

Accepted Answer

Planning for Medicaid requires both foresight and expertise. At Abraham Mazloumi & Associates, we help clients navigate the complex rules surrounding Medicaid eligibility while protecting their assets for the future.

Understanding Medicaid planning is crucial because Medicare does not cover long-term custodial care - the type of care most seniors eventually need. Unlike "Medicaid consultants," our attorneys provide comprehensive legal strategies tailored to your specific situation.

Proper Medicaid planning addresses both immediate and future needs. The best time to start planning is NOW, before you need health care. This is because Medicaid has a 5-year lookback period for nursing home coverage that penalizes gifts or uncompensated transfers of assets - strategies commonly used to protect assets and meet Medicaid's eligibility limits. Currently, there is no lookback period for Community (Home Care) Medicaid in New York, but this will change in 2025 with the implementation of a 30-month lookback period, making early planning essential.

We help protect your assets through various legal strategies, including:

Medicaid Asset Protection Trusts
Pooled Income Trusts
Strategic asset transfers
Home protection strategies

At Abraham Mazloumi & Associates, we handle everything in-house - from developing your Medicaid planning strategy to implementing legal protections and securing your benefits. Our goal is to help you qualify for Medicaid while preserving as much of your hard-earned assets as possible.

Question 7

Medicaid Applications

Accepted Answer

Working with Abraham Mazloumi & Associates, whose attorneys possess a complete understanding of Medicaid benefits, eligibility criteria, and the process of securing those benefits, offers substantial advantages to Medicaid applicants.

The more complete & accurate the Medicaid application is when you first submit it, the less likely it is to encounter a "delay" and the more likely it is for the application to get approved.

Additionally, to qualify for Medicaid, you need to meet Medicaid's income & resource requirements.

Because we are Elder Law Attorneys–not Medicaid "consultants" without legal training–we can handle not only the Medicaid application, but also provide legal advice or implement legal strategies, tailored to your situation.

If your income is too high, or if you have too many assets, we can help with "strategic" or "creative" Medicaid planning in compliance with (and taking advantage of) applicable laws.

At Abraham Mazloumi & Associates, we handle the entire Medicaid process from beginning to end–ensuring your application is complete and accurate when first submitted, minimizing delays and maximizing approval chances. If questions arise after submission, we work directly with you and Medicaid personnel to resolve issues quickly.

Question 8

Special Needs Trust & Planning

Accepted Answer

At Abraham Mazloumi & Associates, we understand that planning for individuals with special needs requires unique legal strategies to protect both their assets and their essential government benefits. Special Needs Trusts are powerful tools that allow disabled individuals to maintain eligibility for crucial programs like Medicaid and Social Security Supplemental Income (SSI) while preserving financial resources for their care.

A Special Needs Trust is an Irrevocable Trust specifically designed to protect government benefits for individuals who are disabled or have special needs. This type of trust enables beneficiaries to keep or receive money without losing their existing benefits or to qualify for benefits in the first place.

We help establish Special Needs Trusts for various situations - whether you need one for yourself, your child, a relative, or a friend. Each trust must be carefully structured to address critical questions such as trust management, asset distribution, and succession planning after the beneficiary's death.

At Abraham Mazloumi & Associates, we handle every aspect of Special Needs Planning in-house. We'll work with you to understand your specific goals and implement strategies that protect both government benefits and quality of life for your loved ones with special needs.

Estate Planning, Elder Law, and Medicaid Planning in New York

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