Esther Schwartz Zelmanovitz, PLLC

Esther Schwartz Zelmanovitz, PLLC When you need insightful, experienced, and dedicated counsel, you can be confident choosing Esther S

I had the privilege of presenting at an Informational Elder Resource Session at Councilwoman Vickie Paladino's Queens of...
07/16/2023

I had the privilege of presenting at an Informational Elder Resource Session at Councilwoman Vickie Paladino's Queens office. Councilwoman Paladino is committed to providing resources to her constituents, including education on the importance of elder law, and strategies to protect your hard earned assets in face of long term care costs. Knowledge is power, and when it comes to long term care and other estate planning, early planning is critical.

While rarely an easy decision, disinheriting somebody is sometimes a necessary move. However, even if it not necessary, ...
05/23/2023

While rarely an easy decision, disinheriting somebody is sometimes a necessary move. However, even if it not necessary, it is still your legal right to decide who will and will not receive anything form your estate. That is, except when it comes to one person.​​​​​​​​​​​​​​​​​​Interestingly enough, the one person you do not have the right to exclude from receiving anything from your estate is your spouse. Under New York law, if a surviving spouse received less than one-third of their deceased spouse's estate, then unless waived during lifetime, the spouse is entitled up to that amount from the other beneficiaries of the estate.

A lost will may not have a direct consequence in the moment, however, after death when the will is actually needed to be...
05/18/2023

A lost will may not have a direct consequence in the moment, however, after death when the will is actually needed to be submitted to court, not having the original will intact could cause quite a headache during a family's time of grieving. ​​​​​​​​​​​​​​​​​​In New York State, wills are probated in Surrogates Court, which requires the original will to be presented to the court for probate. If the original will cannot be found, a lost or destroyed will affidavit may be admitted to probate only if it can meet certain strict requirements.

Surrogates Court takes the admission of wills very seriously. Removing the staples from an original will could cause it to be rejected by the court. So it is best to make sure that your original will is stored safely and your nominated executor knows exactly where to find it when the time comes.

Talk to your estate planning lawyer about the safekeeping of your will.

Deciding how you would like to distribute your money after your lifetime is one of the most important parts of creating ...
05/16/2023

Deciding how you would like to distribute your money after your lifetime is one of the most important parts of creating your estate plan. Many people often choose to leave all their money and assets to family or friends, but don't consider another way they could distribute their money. ​​​​​​​​​​​​​​​​​​Another option in your estate plan is to make a bequest to charities that are meaningful to you! Our attorneys would be honored to assist you in your estate plan to help you fulfill your wishes of leaving a charitable legacy.

In honor of all mothers, who perform the hardest yet most rewarding job! ​​​​​​​​​Thank you. ​​​​​​​​​Happy Mother's Day...
05/15/2023

In honor of all mothers, who perform the hardest yet most rewarding job! ​​​​​​​​​Thank you. ​​​​​​​​​Happy Mother's Day to all mothers and grandmothers.

For some families, choosing godparents for their child is a very important decision because these families believe that ...
04/14/2023

For some families, choosing godparents for their child is a very important decision because these families believe that in the event of the parents' death, the godparents will take care of the child. Something important to note about this is that in the eyes of the law, godparents are not guardians. In the event of the death of the child's parents, a judge will appoint a legal guardian for the child. If there's no will or simply no mention of a designated guardian for the child in the will, the judge will use their own discretion and decide who will care for the child, which may be someone different than who the parents intended. ​​​​​​​​​​​​​​​​​​To ensure that the person you wish to be responsible for your child in the event of your death is the person the court appoints, it is important that you designate them as the legal guardian of your child in your will.

Yes we can! ​​​​​​​​​​​​​​​​​​It is important that you have a highly experienced attorney in special needs planning who ...
04/11/2023

Yes we can! ​​​​​​​​​​​​​​​​​​It is important that you have a highly experienced attorney in special needs planning who can help you create the best plan, which may include a special needs trust specific to your unique situation. Special needs planning is so important when there is a family member that has a disability or may require government benefits and it is critical that the planning is done right. It would be our pleasure to help you get your affairs in order while ensuring that your loved ones with special needs are protected at the same time.

My loved one is at the point where they are unable to communicate their needs and unable to make decisions in their best...
03/15/2023

My loved one is at the point where they are unable to communicate their needs and unable to make decisions in their best interest. Can I just become their Power of Attorney and start managing things for them?​​​​​​​​​​​​​​​​​​Unfortunately, once someone reaches the point where they no longer have the capacity to express their wishes or make their own decisions, it is too late to have them sign a Power of Attorney. The next option would be petitioning the court for guardianship.

Guardianship would give you the legal authority to manage your loved ones assets and make decisions for them, however, it is a lengthy process. There is a court hearing involved to determine not only that the potential guardian is acting under good faith, but that the adult in need of a guardian is in fact incapacitated and unable to manage their own life efficiently. The court will also oversee the guardian's actions to make sure they are providing the best care possible and making decisions that are in their loved ones best interest.

If you're thinking of going forward with a guardianship for a friend or family member, give us a call. Our experienced attorneys would be happy to help.

False!​​​​​​​​​​​​​​​​Under New York State law, when someone in New York State loses mental capacity and needs something...
03/10/2023

False!​​​​​​​​
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Under New York State law, when someone in New York State loses mental capacity and needs something legal or financial done on their behalf, NOBODY would automatically gain authority to act on their behalf. A parent, child, sibling, and even a spouse would not be able to act for an incapacitated individual. ​​​​​​​​
The only way someone would be able to act for another individual is if the incapacitated person had signed a Power of Attorney when they were mentally able to do so, designating someone they trusted (such as a spouse, parent or child), the authority to handle their legal and financial affairs.​​​​​​​​
The power of attorney would need to explicitly provide the authority for the actions that an agent would need to do on behalf of the principal, and that is why having an elder law attorney prepare the power of attorney is so important. Elder law attorneys are very familiar with the types of actions that an incapacitated person may need legal or financial assistance with.​​​​​​​​
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Is it too late to do estate planning if you have already been diagnosed with dementia?​​​​​​​​The diagnosis of dementia ...
03/05/2023

Is it too late to do estate planning if you have already been diagnosed with dementia?​​​​​​​​
The diagnosis of dementia does not by itself curtail the ability to prepare estate planning. If the diagnosis is received early on, it is actually an excellent reminder and wake up call to immediately proceed with estate planning before it is too late. ​​​​​​​​
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Estate planning involves preparing certain documents and organizing one’s legal affairs for smooth, efficient, and proper management both during lifetime and after lifetime. It is particularly important that estate planning is done before a person becomes incapacitated to make sure that not only upon death but also during lifetime his or her affairs can be managed efficiently, according to the person’s stated preferences, and by the individuals who the person chooses to give the legal authority to.​​​​​​​​
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Needless to say, no one should wait for the wake up call.

Address

1010 Northern Boulevard, Suite 302
Great Neck, NY
11021

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Tuesday 9am - 5:30pm
Wednesday 9am - 5:30pm
Thursday 9am - 5:30pm
Friday 9am - 5pm

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+15164669455

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