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	<title>Andreoli Law Group, P.C.</title>
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	<description>Estate Planning</description>
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		<title>Advantages of a Trust vs. Dealing With Probate</title>
		<link>https://andreolilaw.com/advantages-of-a-trust-vs-dealing-with-probate/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=advantages-of-a-trust-vs-dealing-with-probate</link>
		
		<dc:creator><![CDATA[PRMG]]></dc:creator>
		<pubDate>Thu, 11 Jun 2026 15:38:59 +0000</pubDate>
				<category><![CDATA[Estate Law]]></category>
		<category><![CDATA[elder law]]></category>
		<category><![CDATA[estate law]]></category>
		<category><![CDATA[probate]]></category>
		<category><![CDATA[trusts and estates]]></category>
		<guid isPermaLink="false">https://andreolilaw.com/?p=2349</guid>

					<description><![CDATA[<p>Unfortunately, it happened in my family more than once. My father and mother both passed away. Distribution of their wealth fell upon my shoulders as the estate planning attorney in the family. During a time of great sorrow, it was difficult to think about the distribution of their assets, but it was a necessary evil.  [...]</p>
<p>The post <a href="https://andreolilaw.com/advantages-of-a-trust-vs-dealing-with-probate/">Advantages of a Trust vs. Dealing With Probate</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Unfortunately, it happened in my family more than once. My father and mother both passed away. Distribution of their wealth fell upon my shoulders as the estate planning attorney in the family. During a time of great sorrow, it was difficult to think about the distribution of their assets, but it was a necessary evil. Based upon years of practice and personal experience, I feel that the job of distributing assets after the death of a loved one can be greatly simplified if you plan ahead to avoid the probate process.</p>
<p><span id="more-2349"></span></p>
<p>For each of my parents, I had established a living trust (a trust that you create and takes effect while you are alive) to make it as easy as possible on my siblings and me because I was all too familiar with the process of probate, and my wish was to avoid it. The great advantage of placing assets in a revocable living trust is you can control the assets you put into the trust the same way you could before the assets were placed in the trust but, the transfer of assets upon your death to your beneficiaries can take place immediately without the probate process. As many people know, Last Wills and Testaments must be probated at death – which is a court proceeding to prove that the Will is valid before the executor has the legal authority to distribute the assets to the named beneficiaries.</p>
<p>Having represented numerous clients through the probate process, I know that substantial delays and obstacles present themselves when probating Wills. A living trust allows our clients to have the control to deal with and eventually distribute their assets upon death without their heirs having to prepare a court petition, serve notice and a copy of the Will on the heirs and potential heirs, get proof of service along with the petition back to the court, go through the hoops the court calls for de- pending on the particular facts of the proceeding (for example, in several proceedings I had to identify, locate and serve various heirs located all over the country and even in distant countries or I had to prove that an heir, who would have been over 106 years old, had predeceased, but no one had any knowledge of where he passed away and the search for proof of his death was daunting) and then wait for a judge to rule on whether we made enough of an effort to locate and attempt to notify these heirs. This could take weeks, months, and in some instances years!! In other words, the probate process is one over which we have very little control. In the meantime, the real properties left in the decedents’ names could not be sold, monies could not be marshaled, and the items in safe deposit boxes could not be removed – and so on and so on…</p>
<p>Imagine how I feel when our clients want to put a house owned by a decedent up for sale because they are the named executor under a Will and the named beneficiaries are anxious to get the sales proceeds from the house, and I have to give them the bad news that they cannot until I get court approval for them which may take months and sometimes years de- pending on the fact pattern. As a result, the clients must ex- tend their own personal funds to keep the house expenses paid and they may even lose a potential buyer because of the de- lays. If the decedent’s house were in a trust, however, the trustee would have the legal right to sell the house the very next day!</p>
<p>Now imagine the mental stress that occurs with probate. Would you feel good about being forced to go into business with your brothers and sisters and maybe even your surviving parent? Many people would shutter at the thought, but in es- sence that is what probate forces you to do. It is no wonder that a common side effect of probate is that family members stop talking to each other and relationships decay. However, if the assets were held in trust, the settling of the trust could be accomplished in weeks, reducing the strain of working togeth- er with family members for an extended period of time while the probate process unfolds.</p>
<p>From a purely economic view, the costs and court fees involved with probate usually far exceed the costs associated with obtaining and then eventually settling a trust. Often times, an attorney is not even needed to distribute assets from a trust. Whereas the executor’s commissions, attorney’s fees, court fees and possible genealogist’s fees can be exorbitant in order to conclude a probate process. Moreover, time is money and the fact that it takes less time to settle a trust equates to a greater savings to the family in the long run.</p>
<p>Finally, the probate process is a public event. When a person dies leaving behind a Will, anyone can look up the con- tents of that Will. They can see who the beneficiaries were and, in some cases, who was specifically cut out. They can al- so see how much was left to each person! With a trust, since there is no court proceeding, no one is entitled to see who got what and how much other than the intended beneficiaries.</p>
<p>Is there any wonder in why we recommend, like I did for my own parents, considering living trusts in an estate plan? A living trust can give back control and privacy to your loved ones and make their lives easier and less costly upon your death. If you have not considered a living trust, perhaps you should.</p><p>The post <a href="https://andreolilaw.com/advantages-of-a-trust-vs-dealing-with-probate/">Advantages of a Trust vs. Dealing With Probate</a> first appeared on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p><p>The post <a href="https://andreolilaw.com/advantages-of-a-trust-vs-dealing-with-probate/">Advantages of a Trust vs. Dealing With Probate</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
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		<title>Choosing the Right Executor For Your Will</title>
		<link>https://andreolilaw.com/choosing-the-right-executor-for-your-will/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=choosing-the-right-executor-for-your-will</link>
		
		<dc:creator><![CDATA[PRMG]]></dc:creator>
		<pubDate>Thu, 07 May 2026 15:42:51 +0000</pubDate>
				<category><![CDATA[Estate Law]]></category>
		<guid isPermaLink="false">https://andreolilaw.com/?p=2351</guid>

					<description><![CDATA[<p>One of the most critical aspects of writing your last will and testament is, surprisingly, also one that often gets overlooked: picking your executor. This person is responsible for ensuring that your will is carried out, and also for handling any legal issues that may arise during the probate process. Here is what you should  [...]</p>
<p>The post <a href="https://andreolilaw.com/choosing-the-right-executor-for-your-will/">Choosing the Right Executor For Your Will</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>One of the most critical aspects of writing your last will and testament is, surprisingly, also one that often gets overlooked: picking your executor. This person is responsible for ensuring that your will is carried out, and also for handling any legal issues that may arise during the probate process. Here is what you should consider when choosing the executor for your will:</p>
<p><span id="more-2351"></span><br />
<b></b></p>
<ul>
<li aria-level="1"><b>Are they legally eligible?</b></li>
</ul>
<ol>
<li style="list-style-type: none;">
<ol>
<li style="list-style-type: none;">
<ul>
<li aria-level="2">Not everyone can legally become an executor, although the standards are generally fairly minimal. First, they need to be at least 18 years old, and must not have been declared mentally incompetent. Additionally, in New York State, anyone with a felony conviction cannot legally serve as an executor to an estate.</li>
</ul>
</li>
</ol>
</li>
</ol>
<ul>
<li aria-level="1"><b>Are they able to handle the responsibility?</b></li>
</ul>
<ol>
<li style="list-style-type: none;">
<ol>
<li style="list-style-type: none;">
<ul>
<li aria-level="2">One of the biggest things you should consider about your executor is whether they can handle the responsibility of the role. Being an executor is often complicated and difficult, and there are serious potential legal consequences for missing deadlines or making mistakes. If they can’t handle that kind of responsibility, perhaps they should not be your executor.</li>
</ul>
</li>
</ol>
</li>
</ol>
<ul>
<li aria-level="1"><b>Are they available?</b></li>
</ul>
<ol>
<li style="list-style-type: none;">
<ol>
<li style="list-style-type: none;">
<ul>
<li aria-level="2">Any executor should be able to dedicate the time and effort necessary to carry out the role. In some ways, this can turn into a second job, and not everyone is going to be able to devote the time and energy necessary. Ideally, they should also be reasonably close by for potential court visits, but that is less necessary than it used to be.</li>
</ul>
</li>
</ol>
</li>
</ol>
<ul>
<li aria-level="1"><b>Are they someone you can trust?</b></li>
</ul>
<ol>
<li style="list-style-type: none;">
<ol>
<li style="list-style-type: none;">
<ul>
<li aria-level="2">Understandably, the executor for your will should be someone you personally like and trust. This is to ensure that they will carry out your will the way you would want it to be carried out, without any duplicity. This is important because the executor has a lot of power in the probate process, and a dishonest person can abuse that power in a number of ways.</li>
</ul>
</li>
</ol>
</li>
</ol>
<ul>
<li aria-level="1"><b>Are they able to act impartially?</b></li>
</ul>
<ol>
<li style="list-style-type: none;">
<ul>
<li aria-level="2">The process of executing a will can be emotionally fraught, and an executor may need to deal with stressful and unpleasant conversations with relatives, friends, and other interested parties. Despite all this, they still need to be able to keep a cool head and carry out their responsibilities impartially. If they cannot avoid getting emotionally involved, they may not be suitable for the role.</li>
</ul>
</li>
</ol>
<p>&nbsp;</p>
<p>The Andreoli Law Group can assist you with any of your New York elder law and estate law needs. Our lawyers, located conveniently out of our Islandia office, have extensive experience helping our clients with estate planning, Medicaid planning, estate administration, and probate. Please contact our attorneys at (631) 686 &#8211; 6500, or <a href="https://andreolilaw.com/contact-me/">visit our contact page</a> for a consultation.</p><p>The post <a href="https://andreolilaw.com/choosing-the-right-executor-for-your-will/">Choosing the Right Executor For Your Will</a> first appeared on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p><p>The post <a href="https://andreolilaw.com/choosing-the-right-executor-for-your-will/">Choosing the Right Executor For Your Will</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
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		<title>When is it Time to Revisit Your Estate Plan?</title>
		<link>https://andreolilaw.com/when-is-it-time-to-revisit-your-estate-plan/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=when-is-it-time-to-revisit-your-estate-plan</link>
		
		<dc:creator><![CDATA[PRMG]]></dc:creator>
		<pubDate>Fri, 10 Apr 2026 15:45:42 +0000</pubDate>
				<category><![CDATA[Estate Law]]></category>
		<category><![CDATA[elder law]]></category>
		<category><![CDATA[Elder Law Attorney]]></category>
		<category><![CDATA[estate law]]></category>
		<category><![CDATA[Estate Planning]]></category>
		<guid isPermaLink="false">https://andreolilaw.com/?p=2354</guid>

					<description><![CDATA[<p>While creating an estate plan is important, it is also not something you can simply set and forget. You should periodically revise your estate plan to ensure that it suits your needs and appropriately protects your loved one’s needs. But why exactly is it important to revisit your estate plan from time to time, and  [...]</p>
<p>The post <a href="https://andreolilaw.com/when-is-it-time-to-revisit-your-estate-plan/">When is it Time to Revisit Your Estate Plan?</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>While creating an estate plan is important, it is also not something you can simply set and forget. You should periodically revise your estate plan to ensure that it suits your needs and appropriately protects your loved one’s needs. But why exactly is it important to revisit your estate plan from time to time, and what might happen if you do not?</p>
<p><span id="more-2354"></span></p>
<p><b>Why is it Important to Revisit Your Estate Plan?</b></p>
<p>There are three main reasons to revise your estate plan periodically. The first is that the law may change over time, and it is important to make sure your estate documents fully comply with the law. The second is that your feelings about how you want to divide up your estate may change, and your plan should change to reflect that. Finally, you need to make sure that your estate plan accurately reflects your current holdings, with no new property left out (or old property left in) by mistake.</p>
<p><b>When Should You Revisit Your Estate Plan?</b></p>
<p>You should definitely adjust your estate plan whenever there is a major change in what property you own, such as if you buy or sell a house, a car, or other valuable piece of property. You should also consider revisiting your estate plan if you have had a falling out with someone named in your will or other estate documents, or if you want to include someone new. Even without those events, however, you should go back to your estate plan every few years just to make sure it is up to date with current law and practices.</p>
<p><b>What Might Happen if You Do Not?</b></p>
<p>If you fail to update your estate plan periodically, you risk there being legal issues that arise if you become incapacitated, or if you pass away. For example, if you decide you no longer trust someone who you name in your power of attorney, they may still be granted the authority to make legal and financial decisions on your behalf. You may also run into a situation where your will may confer a property to one of your heirs that you no longer own, or fail to dispose of a property that you currently do own.</p>
<p><b>What Should You Do?</b></p>
<p>The best way to avoid this sort of situation is to periodically revisit your estate plan with a lawyer who has experience handling estate and elder law matters, such as the Andreoli Law Group. They can help you review your personal circumstances and ensure your estate plan best meets your current needs. The sooner you call, the sooner they can get to work on your case.</p>
<p>The Andreoli Law Group can assist you with any of your New York elder law and estate law needs. Our lawyers, located conveniently out of our Islandia office, have extensive experience helping our clients with estate planning, Medicaid planning, estate administration, and probate. Please contact our attorneys at (631) 686 &#8211; 6500, or <a href="https://andreolilaw.com/contact-me/">visit our contact page</a> for a consultation.</p><p>The post <a href="https://andreolilaw.com/when-is-it-time-to-revisit-your-estate-plan/">When is it Time to Revisit Your Estate Plan?</a> first appeared on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p><p>The post <a href="https://andreolilaw.com/when-is-it-time-to-revisit-your-estate-plan/">When is it Time to Revisit Your Estate Plan?</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
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		<title>What You Should Know If You Have A Joint Safe Deposit Box</title>
		<link>https://andreolilaw.com/what-you-should-know-if-you-have-a-joint-safe-deposit-box/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=what-you-should-know-if-you-have-a-joint-safe-deposit-box</link>
		
		<dc:creator><![CDATA[Craig Andreoli]]></dc:creator>
		<pubDate>Tue, 09 Apr 2024 13:50:20 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://andreolilaw.com/?p=2261</guid>

					<description><![CDATA[<p>Did you know that if you co-own a safe deposit box with someone and your co-owner dies, you will have to start a Surrogate’s Court proceeding to view and then remove the items from the safe deposit box, even if the co-owner is your spouse? For example, you and your spouse co-own a safe deposit  [...]</p>
<p>The post <a href="https://andreolilaw.com/what-you-should-know-if-you-have-a-joint-safe-deposit-box/">What You Should Know If You Have A Joint Safe Deposit Box</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Did you know that if you co-own a safe deposit box with someone and your co-owner dies, you will have to start a Surrogate’s Court proceeding to view and then remove the items from the safe deposit box, even if the co-owner is your spouse? For example, you and your spouse co-own a safe deposit box that contains some valuable belongings. Your spouse passes, and you expect to have access to those valuable belongings. Despite your expectations, New York banking law and the Surrogate’s Court Procedure Act require you to wait for the Surrogate’s Court to grant you access to view the contents of the safe deposit box.  Specifically, you must first file with the Surrogate’s Court a Petition to Examine the Safe Deposit Box.<br />
Weeks later, you finally obtain the paperwork from the Surrogate’s Court, you take it to the bank where the safe deposit box is located, and you are permitted to view the contents of the safe deposit box and make an inventory of its contents in the presence of a bank officer.  What comes next however, is the most troublesome part. You cannot remove the contents of the safe deposit box!<br />
To remove the contents, you must then commence a proceeding in Surrogate’s Court.  The type of proceeding and the Court filing fees for that proceeding will depend on the value of the items in the safe deposit box.<br />
The Andreoli Law Group, P.C. is experienced in Surrogate Court proceedings, including the examination of safe deposit boxes, Voluntary Administration (a/k/a Small Estate) proceedings, Probate proceedings and Administration proceedings.  Contact us to discuss your options if you have a co-owned safe deposit box or if you need to commence one of the above-mentioned Surrogate’s Court proceedings.<br />
We look forward to hearing from you soon.</p><p>The post <a href="https://andreolilaw.com/what-you-should-know-if-you-have-a-joint-safe-deposit-box/">What You Should Know If You Have A Joint Safe Deposit Box</a> first appeared on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p><p>The post <a href="https://andreolilaw.com/what-you-should-know-if-you-have-a-joint-safe-deposit-box/">What You Should Know If You Have A Joint Safe Deposit Box</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
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		<title>Should You Consider A Guardianship or Conservatorship for Your Loved One With Special Needs?</title>
		<link>https://andreolilaw.com/6968-2/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=6968-2</link>
		
		<dc:creator><![CDATA[Craig Andreoli]]></dc:creator>
		<pubDate>Thu, 07 Dec 2023 19:18:27 +0000</pubDate>
				<category><![CDATA[Our Blog]]></category>
		<category><![CDATA[Special Needs]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://andreolilaw.com/6968-2/</guid>

					<description><![CDATA[<p>Many family members and/or caretakers of loved ones with a disability may at some point need to be able to exert control over their family member's personal affairs.  For parents of children who have a disability, for instance, that time is often...</p>
<p>The post <a href="https://andreolilaw.com/6968-2/">Should You Consider A Guardianship or Conservatorship for Your Loved One With Special Needs?</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><span style="font-size:12.0pt"><img decoding="async" alt="Latin mom and teenage daughter with cerebral palsy having fun on bed at home." src="https://cdn.elderlawanswers.com/common/uploads/photos/18934-Latin mom and teenage daughter with cerebral palsy having fun on bed at home shutterstock_2029128689.jpg" style="float:right;height:200px;margin-left:10px;margin-right:10px;width:300px" /></span></p>
<p style="text-align: justify"><span style="font-size:14.0pt"><span style="color:black">Many family members and/or caretakers of loved ones&nbsp;with a disability may at some point need to be able to exert&nbsp;control over their family member&#039;s personal affairs.&nbsp; For parents of children who have a disability, for instance, that time is often when the child is turning 18. However, you may face roadblocks if you have not filed the appropriate paperwork that allows you to do so.&nbsp; When attempting to work with banks, agencies, and hospitals may push back on your ability to make decisions that can impact the care of your loved one.&nbsp;&nbsp;</span></span></p>
<p style="text-align: justify"><span style="color:black;font-size:14pt">What are your options in this situation? You may need to seek a guardianship.</span></p>
<p style="text-align: justify"><span style="font-size:14.0pt"><span style="color:black">In New York we&nbsp;distinguish between the types of guardianship, the types of guardianship are as follows: (1) Article 17A&nbsp;guardianship <em>of the person</em> (e.g., the right to decide on someone&rsquo;s behalf about personal and medical issues) (2) Article 17A guardianship&nbsp;<em>of the estate</em> (e.g., the right to handle someone&rsquo;s financial affairs). The level of decision-making and authority a person may be given over another is decided on a case-by-case basis</span></span><span style="font-size:14.0pt"><span style="color:black">.</span></span></p>
<p style="text-align: justify"><span style="font-size:14.0pt"><span style="color:black">In order to become a guardian, you require a&nbsp;court&#039;s approval. This means you must go through a legal process to acquire these powers over someone else&#039;s life.&nbsp; A young person living with a disability may already be unable to make their own decisions but is about to reach adulthood, and parents who need to be able to continue care for their child will pursue guardianship.&nbsp;&nbsp;</span></span></p>
<p style="text-align: justify"><span style="font-size:14.0pt"><span style="color:black"><strong>Other Options</strong></span></span></p>
<p style="text-align: justify"><span style="font-size:14.0pt"><span style="color:black">Guardianship proceedings&nbsp;can be expensive. Often, there may be other options available to avoid the crazy&nbsp;expenses acquired from going to court. If you can plan ahead before a person becomes unable to handle their affairs, this can make a huge difference in everyone&#039;s life and potentially make a guardianship unnecessary.&nbsp;&nbsp;</span></span><span style="font-size:14.0pt"><span style="color:black">For example, your loved one may be able to sign a power of attorney enabling you to make certain decisions on their behalf. They also may be able to sign a health care proxy that allows you to speak with medical professionals on their behalf.</span></span></p>
<p style="text-align: justify"><span style="font-size:14.0pt"><span style="color:black">However, if this is not possible, you may have to seek court intervention.&nbsp; Before you go to court, you should understand the significance of the responsibilities you will be given if a judge approves your request.&nbsp; You must be financially responsible, familiar with the intimate details of the incapacitated person&#039;s needs, and ready to be accountable and responsive to the court. </span></span></p>
<p style="text-align: justify"><strong><span style="font-size:14.0pt"><span style="color:black">Involving the Court </span></span></strong></p>
<p style="text-align: justify"><span style="font-size:14.0pt"><span style="color:black">Courts often prefer to appoint a close family member, such as a parent, spouse or domestic partner, or adult child, to serve as a guardian. However, above all, the court must feel confident that the person it appoints has the best interests of the incapacitated person at heart.&nbsp; Because of this, a court must scrutinize the guardianship&nbsp;request. In addition, if the person over whom you seek financial control has assets, you may be required to obtain a bond. The court may appoint an attorney to safeguard the interests of your loved one.</span></span></p>
<p style="text-align: justify"><span style="font-size:14.0pt"><span style="color:black">If guardianship of the property&nbsp;is approved, there are continuing reporting requirements to the court that can involve the preparation of accountings and other reports. Thus, the person who proposes to take on this role must be able to handle these responsibilities in a timely manner. Being a guardian&nbsp;is a long-term commitment. It lasts for the rest of an individual&#039;s life unless the court appoints someone else to take your place.</span></span></p>
<p style="text-align: justify"><span style="font-size:14.0pt"><span style="color:black">If you believe it may be necessary to pursue this option, you should start the process sooner rather than later. If you do not know where to start, speaking with any advocates or social workers who are already involved in your loved one&#039;s life is a great way to begin, as well as connecting with a special needs attorney.&nbsp;</span></span></p><p>The post <a href="https://andreolilaw.com/6968-2/">Should You Consider A Guardianship or Conservatorship for Your Loved One With Special Needs?</a> first appeared on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p><p>The post <a href="https://andreolilaw.com/6968-2/">Should You Consider A Guardianship or Conservatorship for Your Loved One With Special Needs?</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
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		<title>Transition Plans Support Adolescents With Disabilities</title>
		<link>https://andreolilaw.com/6883-4/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=6883-4</link>
		
		<dc:creator><![CDATA[Craig Andreoli]]></dc:creator>
		<pubDate>Wed, 11 Oct 2023 17:26:11 +0000</pubDate>
				<category><![CDATA[Our Blog]]></category>
		<category><![CDATA[Special Needs]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://andreolilaw.com/6883-4/</guid>

					<description><![CDATA[<p>One in five families in the United States care for children with special needs. The United Disability Services Foundation has identified several barriers many young adults with disabilities encounter when reaching adulthood. These difficulties can include but are not limited to finding employment, seeking...</p>
<p>The post <a href="https://andreolilaw.com/6883-4/">Transition Plans Support Adolescents With Disabilities</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><span style="font-size:14.0pt"><span style="color:#0e101a"><img decoding="async" alt="Teenage girl with Down syndrome wearing eyeglasses uses laptop to learn online at home." src="https://cdn.elderlawanswers.com/common/uploads/photos/19926-Teenage girl with Down syndrome learning online at home shutterstock_1929420824.jpg" style="float:right;height:200px;margin-left:10px;margin-right:10px;width:300px" /></span></span></p>
<p style="text-align: justify">One in five families in the United States care for&nbsp;<a href="https://pubmed.ncbi.nlm.nih.gov/25428686/" target="_self" rel="noopener">children with special needs</a>. The&nbsp;<a href="https://udservices.org/transition-barriers-students-with-disabilities/" target="_self" rel="noopener">United Disability Services Foundation</a>&nbsp;has identified&nbsp;several barriers many young adults with disabilities encounter when reaching adulthood. These difficulties can include but are not limited to finding employment, seeking accommodations, and engaging in self-advocacy. &nbsp;The&nbsp;<a href="https://sites.ed.gov/idea/" target="_self" rel="noopener">Individuals with Disabilities Education Act</a>&nbsp;&nbsp;made it a requirement that any student with an Independent Education Plan (IEP) be assisted in developing a transition plan to assist these students when the student turns sixteen.&nbsp;&nbsp;</p>
<p style="text-align: justify">A transition plan can help&nbsp;support a successful shift into adulthood. &nbsp;Just like an IEP, a transition plan should be individualized to the student&#039;s particular needs and wants. &nbsp;Addtitionally, when the educators and school administrators are assisting with making a student&#039;s transition plan, the parents should be offering&nbsp;essential support to their child during this process. &nbsp; When a&nbsp;child turns 16, the parents should&nbsp;be helping their&nbsp;child to think through each of the following:</p>
<ul>
<li style="text-align: justify">planning their future career,</li>
<li style="text-align: justify">considering their preferred living situation in adulthood,&nbsp;</li>
<li style="text-align: justify">understanding their rights, and&nbsp;</li>
<li style="text-align: justify">developing their ability to advocate for themselves.&nbsp;</li>
</ul>
<h2 style="text-align: justify"><strong>From Adolescence to Adulthood: College and Career Readiness</strong></h2>
<p style="text-align: justify">Unless a parent obtains guardianship over their child, when a child turns eighteen,&nbsp;they&nbsp;gain the right to make their own decisions about their education and future. &nbsp; &nbsp;When a parent becomes the guardian of a child, they remain the primary decision-maker regarding the child&#039;s education. &nbsp;</p>
<p style="text-align: justify">When making a successful transition plan, the parents should discuss with their child what level of education they want to pursue and what work interests them. &nbsp;As part of helping your adolescent shape a transition plan, encourage them to reflect on whether they would like to pursue post-secondary education. They may have a particular interest in an alternative path, such as trade school.</p>
<p style="text-align: justify"><strong>What Housing Options Are Available?&nbsp;</strong></p>
<p style="text-align: justify">Review the&nbsp;<a href="https://specialneedsanswers.com/housing-options-for-adults-with-special-needs-14975" target="_self" rel="noopener">housing options</a>&nbsp;that could best suit your child&rsquo;s specific needs as they reach adulthood. &nbsp;While some young adults with disabilities can live on their own, others may benefit from additional support. &nbsp;When&nbsp;parents are encouraging their child&nbsp;to think about the kind of living arrangement they would like to reside in, the parents should educate themselves in the different options available.&nbsp;</p>
<p style="text-align: justify">Keep in mind that if a child lives in someone else&rsquo;s home and receives&nbsp;Supplemental Security Income(SSI), they need to pay&nbsp;rent&nbsp;to avoid seeing a reduction in their benefits.&nbsp;</p>
<p style="text-align: justify">For those who plan to attend college and live on campus, consider whether any accommodations may be necessary. For instance, if a child has an&nbsp;emotional support animal&nbsp;(ESA), they&nbsp;have the right to bring their animal.&nbsp;</p>
<h2 style="text-align: justify"><strong>Help Your Child Develop Self-Advocacy Skills&nbsp;</strong></h2>
<p style="text-align: justify">While outlining goals and plans for the future is an essential component of transition planning, an effective transition plan also encompasses preparing the&nbsp;child to advocate for themselves and ask for necessary accommodations.&nbsp;</p>
<ul>
<li style="text-align: justify">The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities and gives individuals a right to obtain reasonable accommodations in the workplace.&nbsp;</li>
<li style="text-align: justify">Under the ADA and the Rehabilitation Act, federally funded colleges and universities cannot deny admission or otherwise discriminate against students with disabilities and must provide reasonable educational accommodations.&nbsp;</li>
<li style="text-align: justify">The Fair Housing Act bars housing discrimination against those with disabilities. Most types of housing cannot deny your child access to housing because of their disability.&nbsp;</li>
</ul>
<p style="text-align: justify">You can help your child practice talking about their disability and requesting accommodations.&nbsp;</p>
<h2 style="text-align: justify"><strong>Community Involvement&nbsp;</strong></h2>
<p style="text-align: justify">As your child matures, they can also access community resources and organizations to interact with peers and obtain support. Consider researching local organizations with your child that provide transition assistance.&nbsp;</p>
<p style="text-align: justify"><strong>Additional Resources on Transition Services</strong></p>
<p style="text-align: justify">As you and your child reflect on your child&rsquo;s goals going forward, consult with Jessica M. Klersy, Esq. by calling 631-686-6500.</p><p>The post <a href="https://andreolilaw.com/6883-4/">Transition Plans Support Adolescents With Disabilities</a> first appeared on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p><p>The post <a href="https://andreolilaw.com/6883-4/">Transition Plans Support Adolescents With Disabilities</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
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		<title>Transition Plans Support Adolescents With Disabilities</title>
		<link>https://andreolilaw.com/6883-3/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=6883-3</link>
		
		<dc:creator><![CDATA[Craig Andreoli]]></dc:creator>
		<pubDate>Wed, 04 Oct 2023 17:33:02 +0000</pubDate>
				<category><![CDATA[Our Blog]]></category>
		<category><![CDATA[Special Needs]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://andreolilaw.com/6883-3/</guid>

					<description><![CDATA[<p>One in five families in the United States care for children with special needs. The United Disability Services Foundation has identified several barriers many young adults with disabilities encounter when reaching adulthood. These difficulties can include but are not limited to finding employment, seeking...</p>
<p>The post <a href="https://andreolilaw.com/6883-3/">Transition Plans Support Adolescents With Disabilities</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><span style="font-size:14.0pt"><span style="color:#0e101a"><img decoding="async" alt="Teenage girl with Down syndrome wearing eyeglasses uses laptop to learn online at home." src="https://cdn.elderlawanswers.com/common/uploads/photos/19926-Teenage girl with Down syndrome learning online at home shutterstock_1929420824.jpg" style="float:right;height:200px;margin-left:10px;margin-right:10px;width:300px" /></span></span></p>
<p>One in five families in the United States care for&nbsp;<a href="https://pubmed.ncbi.nlm.nih.gov/25428686/" target="_self" rel="noopener">children with special needs</a>. The&nbsp;<a href="https://udservices.org/transition-barriers-students-with-disabilities/" target="_self" rel="noopener">United Disability Services Foundation</a>&nbsp;has identified&nbsp;several barriers many young adults with disabilities encounter when reaching adulthood. These difficulties can include but are not limited to finding employment, seeking accommodations, and engaging in self-advocacy. &nbsp;The&nbsp;<a href="https://sites.ed.gov/idea/" target="_self" rel="noopener">Individuals with Disabilities Education Act</a>&nbsp;&nbsp;made it a requirement that any student with an Independent Education Plan (IEP) be assisted in developing a transition plan to assist these students when the student turns sixteen.&nbsp;&nbsp;</p>
<p>A transition plan can help&nbsp;support a successful shift into adulthood. &nbsp;Just like an IEP, a transition plan should be individualized to the student&#039;s particular needs and wants. &nbsp;Addtitionally, when the educators and school administrators are assisting with making a student&#039;s transition plan, the parents should be offering&nbsp;essential support to their child during this process. &nbsp; When a&nbsp;child turns 16, the parents should&nbsp;be helping their&nbsp;child to think through each of the following:</p>
<ul>
<li>planning their future career,</li>
<li>considering their preferred living situation in adulthood,&nbsp;</li>
<li>understanding their rights, and&nbsp;</li>
<li>developing their ability to advocate for themselves.&nbsp;</li>
</ul>
<h2><strong>From Adolescence to Adulthood: College and Career Readiness</strong></h2>
<p>Unless a parent obtains guardianship over their child, when a child turns eighteen,&nbsp;they&nbsp;gain the right to make their own decisions about their education and future. &nbsp; &nbsp;When a parent becomes the guardian of a child, they remain the primary decision-maker regarding the child&#039;s education. &nbsp;</p>
<p>When making a successful transition plan, the parents should discuss with their child what level of education they want to pursue and what work interests them. &nbsp;As part of helping your adolescent shape a transition plan, encourage them to reflect on whether they would like to pursue post-secondary education. They may have a particular interest in an alternative path, such as trade school.</p>
<p><strong>What Housing Options Are Available?&nbsp;</strong></p>
<p>Review the&nbsp;<a href="https://specialneedsanswers.com/housing-options-for-adults-with-special-needs-14975" target="_self" rel="noopener">housing options</a>&nbsp;that could best suit your child&rsquo;s specific needs as they reach adulthood. &nbsp;While some young adults with disabilities can live on their own, others may benefit from additional support. &nbsp;When&nbsp;parents are encouraging their child&nbsp;to think about the kind of living arrangement they would like to reside in, the parents should educate themselves in the different options available.&nbsp;</p>
<p>Keep in mind that if a child lives in someone else&rsquo;s home and receives&nbsp;Supplemental Security Income(SSI), they need to pay&nbsp;rent&nbsp;to avoid seeing a reduction in their benefits.&nbsp;</p>
<p>For those who plan to attend college and live on campus, consider whether any accommodations may be necessary. For instance, if a child has an&nbsp;emotional support animal&nbsp;(ESA), they&nbsp;have the right to bring their animal.&nbsp;</p>
<h2><strong>Help Your Child Develop Self-Advocacy Skills&nbsp;</strong></h2>
<p>While outlining goals and plans for the future is an essential component of transition planning, an effective transition plan also encompasses preparing the&nbsp;child to advocate for themselves and ask for necessary accommodations.&nbsp;</p>
<ul>
<li>The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities and gives individuals a right to obtain reasonable accommodations in the workplace.&nbsp;</li>
<li>Under the ADA and the Rehabilitation Act, federally funded colleges and universities cannot deny admission or otherwise discriminate against students with disabilities and must provide reasonable educational accommodations.&nbsp;</li>
<li>The Fair Housing Act bars housing discrimination against those with disabilities. Most types of housing cannot deny your child access to housing because of their disability.&nbsp;</li>
</ul>
<p>You can help your child practice talking about their disability and requesting accommodations.&nbsp;</p>
<h2><strong>Community Involvement&nbsp;</strong></h2>
<p>As your child matures, they can also access community resources and organizations to interact with peers and obtain support. Consider researching local organizations with your child that provide transition assistance.&nbsp;</p>
<p><strong>Additional Resources on Transition Services</strong></p>
<p>As you and your child reflect on your child&rsquo;s goals going forward, consult with Jessica M. Klersy, Esq. by calling 631-686-6500.</p><p>The post <a href="https://andreolilaw.com/6883-3/">Transition Plans Support Adolescents With Disabilities</a> first appeared on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p><p>The post <a href="https://andreolilaw.com/6883-3/">Transition Plans Support Adolescents With Disabilities</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
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		<title>Transition Plans Support Adolescents With Disabilities</title>
		<link>https://andreolilaw.com/6883-2/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=6883-2</link>
		
		<dc:creator><![CDATA[Craig Andreoli]]></dc:creator>
		<pubDate>Wed, 04 Oct 2023 17:32:58 +0000</pubDate>
				<category><![CDATA[Our Blog]]></category>
		<category><![CDATA[Special Needs]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://andreolilaw.com/6883-2/</guid>

					<description><![CDATA[<p>One in five families in the United States care for children with special needs. The United Disability Services Foundation has identified several barriers many young adults with disabilities encounter when reaching adulthood. These difficulties can include but are not limited to finding employment, seeking...</p>
<p>The post <a href="https://andreolilaw.com/6883-2/">Transition Plans Support Adolescents With Disabilities</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p><span style="font-size:14.0pt"><span style="color:#0e101a"><img decoding="async" alt="Teenage girl with Down syndrome wearing eyeglasses uses laptop to learn online at home." src="https://cdn.elderlawanswers.com/common/uploads/photos/19926-Teenage girl with Down syndrome learning online at home shutterstock_1929420824.jpg" style="float:right;height:200px;margin-left:10px;margin-right:10px;width:300px" /></span></span></p>
<p>One in five families in the United States care for&nbsp;<a href="https://pubmed.ncbi.nlm.nih.gov/25428686/" target="_self" rel="noopener">children with special needs</a>. The&nbsp;<a href="https://udservices.org/transition-barriers-students-with-disabilities/" target="_self" rel="noopener">United Disability Services Foundation</a>&nbsp;has identified&nbsp;several barriers many young adults with disabilities encounter when reaching adulthood. These difficulties can include but are not limited to finding employment, seeking accommodations, and engaging in self-advocacy. &nbsp;The&nbsp;<a href="https://sites.ed.gov/idea/" target="_self" rel="noopener">Individuals with Disabilities Education Act</a>&nbsp;&nbsp;made it a requirement that any student with an Independent Education Plan (IEP) be assisted in developing a transition plan to assist these students when the student turns sixteen.&nbsp;&nbsp;</p>
<p>A transition plan can help&nbsp;support a successful shift into adulthood. &nbsp;Just like an IEP, a transition plan should be individualized to the student&#039;s particular needs and wants. &nbsp;Addtitionally, when the educators and school administrators are assisting with making a student&#039;s transition plan, the parents should be offering&nbsp;essential support to their child during this process. &nbsp; When a&nbsp;child turns 16, the parents should&nbsp;be helping their&nbsp;child to think through each of the following:</p>
<ul>
<li>planning their future career,</li>
<li>considering their preferred living situation in adulthood,&nbsp;</li>
<li>understanding their rights, and&nbsp;</li>
<li>developing their ability to advocate for themselves.&nbsp;</li>
</ul>
<h2><strong>From Adolescence to Adulthood: College and Career Readiness</strong></h2>
<p>Unless a parent obtains guardianship over their child, when a child turns eighteen,&nbsp;they&nbsp;gain the right to make their own decisions about their education and future. &nbsp; &nbsp;When a parent becomes the guardian of a child, they remain the primary decision-maker regarding the child&#039;s education. &nbsp;</p>
<p>When making a successful transition plan, the parents should discuss with their child what level of education they want to pursue and what work interests them. &nbsp;As part of helping your adolescent shape a transition plan, encourage them to reflect on whether they would like to pursue post-secondary education. They may have a particular interest in an alternative path, such as trade school.</p>
<p><strong>What Housing Options Are Available?&nbsp;</strong></p>
<p>Review the&nbsp;<a href="https://specialneedsanswers.com/housing-options-for-adults-with-special-needs-14975" target="_self" rel="noopener">housing options</a>&nbsp;that could best suit your child&rsquo;s specific needs as they reach adulthood. &nbsp;While some young adults with disabilities can live on their own, others may benefit from additional support. &nbsp;When&nbsp;parents are encouraging their child&nbsp;to think about the kind of living arrangement they would like to reside in, the parents should educate themselves in the different options available.&nbsp;</p>
<p>Keep in mind that if a child lives in someone else&rsquo;s home and receives&nbsp;Supplemental Security Income(SSI), they need to pay&nbsp;rent&nbsp;to avoid seeing a reduction in their benefits.&nbsp;</p>
<p>For those who plan to attend college and live on campus, consider whether any accommodations may be necessary. For instance, if a child has an&nbsp;emotional support animal&nbsp;(ESA), they&nbsp;have the right to bring their animal.&nbsp;</p>
<h2><strong>Help Your Child Develop Self-Advocacy Skills&nbsp;</strong></h2>
<p>While outlining goals and plans for the future is an essential component of transition planning, an effective transition plan also encompasses preparing the&nbsp;child to advocate for themselves and ask for necessary accommodations.&nbsp;</p>
<ul>
<li>The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities and gives individuals a right to obtain reasonable accommodations in the workplace.&nbsp;</li>
<li>Under the ADA and the Rehabilitation Act, federally funded colleges and universities cannot deny admission or otherwise discriminate against students with disabilities and must provide reasonable educational accommodations.&nbsp;</li>
<li>The Fair Housing Act bars housing discrimination against those with disabilities. Most types of housing cannot deny your child access to housing because of their disability.&nbsp;</li>
</ul>
<p>You can help your child practice talking about their disability and requesting accommodations.&nbsp;</p>
<h2><strong>Community Involvement&nbsp;</strong></h2>
<p>As your child matures, they can also access community resources and organizations to interact with peers and obtain support. Consider researching local organizations with your child that provide transition assistance.&nbsp;</p>
<p><strong>Additional Resources on Transition Services</strong></p>
<p>As you and your child reflect on your child&rsquo;s goals going forward, consult with Jessica M. Klersy, Esq. by calling 631-686-6500.</p><p>The post <a href="https://andreolilaw.com/6883-2/">Transition Plans Support Adolescents With Disabilities</a> first appeared on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p><p>The post <a href="https://andreolilaw.com/6883-2/">Transition Plans Support Adolescents With Disabilities</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
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		<title>What Happens if a Family Member Passes Away Without a Will?</title>
		<link>https://andreolilaw.com/what-happens-if-a-family-member-passes-away-without-a-will/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=what-happens-if-a-family-member-passes-away-without-a-will</link>
		
		<dc:creator><![CDATA[Craig Andreoli]]></dc:creator>
		<pubDate>Thu, 24 Aug 2023 01:58:11 +0000</pubDate>
				<category><![CDATA[Estate Law]]></category>
		<category><![CDATA[Dying Intestate]]></category>
		<category><![CDATA[Dying Without a Will]]></category>
		<category><![CDATA[Estate Planning Attorney/Lawyer]]></category>
		<category><![CDATA[Living Wills]]></category>
		<category><![CDATA[Probate Attorney/Lawyer]]></category>
		<category><![CDATA[wills]]></category>
		<guid isPermaLink="false">https://andreolilaw.com/?p=2208</guid>

					<description><![CDATA[<p>Due to the COVID-19 pandemic, more people in the US are aware of the necessity of having a will, living trust, and perhaps a living will. Still, this knowledge is not translating into estate planning action. No matter your age or asset level, having a will is beneficial. According to a recent survey, nearly 33  [...]</p>
<p>The post <a href="https://andreolilaw.com/what-happens-if-a-family-member-passes-away-without-a-will/">What Happens if a Family Member Passes Away Without a Will?</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Due to the COVID-19 pandemic, more people in the US are aware of the necessity of having a will, living trust, and perhaps a living will. Still, this knowledge is not translating into <a href="https://andreolilaw.com/estate-planning/">estate planning</a> action. No matter your age or asset level, having a will is beneficial. According to a recent <a href="https://www.cnbc.com/2022/04/11/67percent-of-americans-have-no-estate-plan-heres-how-to-get-started-on-one.html">survey</a>, nearly 33 percent of Americans have no estate plan, or even a basic will. Therefore it is statistically likely that you have a parent or other family member who will die without a will. What happens if your family member dies without a will?</p>
<p>First of all, what needs to happen somewhat depends on the state where your deceased loved one lived as inheritance law can be community property, common law, elective community property, and a host of other more nuanced rules and regulations. Having your affairs in order ensures inheritable assets will follow your wishes. Still, fully 67 percent of Americans are currently leaving the outcome of their life to the laws of their state should they become incapacitated or die.</p>
<h1>Dying Intestate or Without a Will</h1>
<p>Dying without a will is known as dying <a href="https://www.investopedia.com/inheritance-laws-by-state-5113616">intestate</a>, and the decedent’s state law will determine who inherits your property. This process is known as intestate succession, and without a will, surviving family members will have to abide by decisions made in probate court. If your loved one passes away and you realize there is no will after looking diligently, first contact any lawyer or financial advisor they may have worked with before. There may be an old will on file you didn’t know existed.</p>
<h1>Preparing for <a href="https://andreolilaw.com/probate-estate-administration/">Probate</a></h1>
<p>No matter how old a will is, it can be probated. Check if there is a safety deposit box in a bank or a safe in their home that may contain the will. Without you listed as the signatory on a bank deposit box, you must adhere to state law to gain access. While some states permit a special petition to gain access, other states will require a full probate petition. A home safe may require a locksmith.</p>
<p>Compile a list of your loved one’s assets, tax returns, and financial statements. Pay particular attention to any financial statements covering the date and month of their death. Asset valuation for probate and estate tax returns hinge on date of death valuations. A significant number of assets pass outside of a will, including:</p>
<ul>
<li>Life insurance proceeds</li>
<li>Funds in a 401(k), IRA, or retirement plan where a beneficiary is named</li>
<li>Bank accounts, real estate, and other joint tenancy assets with rights of survivorship</li>
<li>Assets in a payable on death (POD) bank account</li>
<li>Stocks and securities in a transfer on death (TOD) account</li>
<li>Vehicles or real estate with a transfer on death (TOD) title document or deed</li>
</ul>
<p>If you locate the deceased’s information for these account types, you can claim your inheritable assets from the associated institution. These accounts can transfer readily into your name as the beneficiary and give you some extra funds if they are required to finalize the <a href="https://andreolilaw.com/probate-estate-administration/">estate</a>.</p>
<h1>Executors and Rules of Succession</h1>
<p>Other property not addressed in a will or a trust will follow state intestate succession law. State law will list eligible candidates to fill the personal representative (executor) role in the absence of a will. If proceedings in probate court become necessary, the court will make a selection based on the candidate list. Typically, the surviving spouse or a registered domestic partner will be the first choice, followed by adult children, parents, and siblings.</p>
<p>Suppose the probate court judge wants to name you as the personal representative of an estate without a will. In that case, be aware there may be complications in resolving the <a href="https://andreolilaw.com/probate-estate-administration/">estate</a> depending on its size, state law, and the complexity of the decedent’s financial situation. An estate of modest value poses far fewer challenges than delving into unfamiliar territory to untangle complex investments and financial structures.</p>
<h1>Choosing Whether to Accept the Executor Role and Finding Professional Support</h1>
<p>Ask yourself some basic questions before accepting this role. If you are likely to inherit the bulk of the property, you will have a strong incentive to serve as a personal representative. If you are not and you live far away, lack a rapport with other family members, forsee major conflict among heirs, or do not have the time to perform the duties adequately, it is best to decline the executor role.</p>
<p>It is best to consult a probate attorney to identify who inherits assets like the solely owned property with no formally listed beneficiary like a house. Your lawyer can guide you through the state’s intestate succession law to understand who is first in line for such an inheritance. A review of the property and asset information you compile will provide the information your attorney needs to advise what the next steps should be.</p>
<p>We hope you found this article helpful. <strong>Please </strong><a href="https://andreolilaw.com/contact-me/"><strong>contact</strong></a><strong> us today at </strong><a href="tel:%206316866500"><strong>(631) 686-6500</strong></a><strong> to schedule a consultation to discuss your legal matters. We look forward to the opportunity to work with you.</strong></p><p>The post <a href="https://andreolilaw.com/what-happens-if-a-family-member-passes-away-without-a-will/">What Happens if a Family Member Passes Away Without a Will?</a> first appeared on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p><p>The post <a href="https://andreolilaw.com/what-happens-if-a-family-member-passes-away-without-a-will/">What Happens if a Family Member Passes Away Without a Will?</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
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		<title>How No Surprises Act May Help With Unexpected Medical Bills</title>
		<link>https://andreolilaw.com/how-no-surprises-act-may-help-with-unexpected-medical-bills/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=how-no-surprises-act-may-help-with-unexpected-medical-bills</link>
		
		<dc:creator><![CDATA[Craig Andreoli]]></dc:creator>
		<pubDate>Wed, 23 Aug 2023 19:15:49 +0000</pubDate>
				<category><![CDATA[Elder Law]]></category>
		<category><![CDATA[Estate Law]]></category>
		<category><![CDATA[Our Blog]]></category>
		<category><![CDATA[Senior Living]]></category>
		<category><![CDATA[Uncategorized]]></category>
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					<description><![CDATA[<p>The No Surprises Act protects seniors from unexpected charges and provides a much-needed safeguard for their medical expenses.</p>
<p>The post <a href="https://andreolilaw.com/how-no-surprises-act-may-help-with-unexpected-medical-bills/">How No Surprises Act May Help With Unexpected Medical Bills</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
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										<content:encoded><![CDATA[<p style="margin-left: 0in; margin-right: 0in;"><span style="font-size: 14.0pt;"><img decoding="async" style="float: right; height: 200px; margin-left: 10px; margin-right: 10px; width: 300px;" src="https://cdn.elderlawanswers.com/common/uploads/photos/19855-Senior couple worriedly looking at bill while sitting at home shutterstock_1358375498.jpg" alt="Senior couple sit together looking worriedly at bill." />The <a href="https://www.cms.gov/medical-bill-rights/know-your-rights" target="_self" rel="noopener">No Surprises Act</a></span><span style="font-size: 14.0pt;"> is a federal law enacted to protect patients from unexpected medical bills incurred on or after January 1, 2022. It aims to address the issue of surprise medical billing, which can occur when patients receive unexpected charges for their medical care. The Act applies to out-of-network emergency services, out-of-network air ambulance services, and certain out-of-network care received at in-network facilities.</span></p>
<h2><strong><span style="font-size: 14.0pt;">Help for Seniors</span></strong></h2>
<p style="margin-left: 0in; margin-right: 0in;"><span style="font-size: 14.0pt;">The Act is important for all patients, but especially for seniors. Seniors are especially vulnerable to surprise medical billing because they often need more health care than other populations. They are more likely to be seen by out-of-network providers. The Act protects them from unexpected charges and provides a much-needed safeguard for their medical expenses.</span></p>
<p style="margin-left: 0in; margin-right: 0in;"><span style="font-size: 14.0pt;">Under the Act, patients are not responsible for surprise medical bills beyond their in-network cost-sharing amount. This means that patients will only be responsible for paying the same amount they would have paid if an in-network provider provided the care. The Act also prohibits balance billing, which is when providers bill patients for the difference between their charges and the amount paid by the patient’s insurance.</span></p>
<p style="margin-left: 0in; margin-right: 0in;"><span style="font-size: 14.0pt;">This can be relevant in a variety of settings seniors encounter, including emergency room visits, second opinions, surgical procedures, and even skilled nursing care where independent contractors provide services. Under the Act, providers must accept the Medicare-approved amount as payment in full. This prevents patients from being surprised with large balances and protects them from unexpected financial hardship.</span></p>
<h2><strong><span style="font-size: 14.0pt;">Exceptions to the Act</span></strong></h2>
<p style="margin-left: 0in; margin-right: 0in;"><span style="font-size: 14.0pt;">There are some providers and services that are exempt from the Act’s billing protections (although your state may have a similar law that does not exempt them). These include:</span></p>
<ul>
<li><span style="font-size: 14.0pt;">Ground ambulance services, which can charge you out-of-network rates</span></li>
<li><span style="font-size: 14.0pt;">Vision-only and dental-only insurances, which are not subject to balance billing protections</span></li>
<li><span style="font-size: 14.0pt;">Indemnity plans such as hospital indemnity insurance, which are exempt from the Act</span></li>
</ul>
<h2><strong><span style="font-size: 14.0pt;">If You Are Uninsured</span></strong></h2>
<p style="margin-left: 0in; margin-right: 0in;"><span style="font-size: 14.0pt;">For uninsured or self-paying patients, the No Surprises Act provides rules for a good faith estimate of how much a medical service will cost. You may request an estimate if you schedule a medical service at least three business days out or simply ask for one. If your final bill is $400 or more than the estimate, you may be able to dispute it. Having a good faith estimate allows patients to make informed decisions about their care.</span></p>
<h2><strong><span style="font-size: 14.0pt;">Independent Dispute Resolution</span></strong></h2>
<p style="margin-left: 0in; margin-right: 0in;"><span style="font-size: 14.0pt;">To resolve payment disputes between providers and insurers, the Act establishes an independent dispute resolution (IDR) process. This process allows providers and insurers to submit their proposed payment amounts to an independent arbiter who makes the final decision. The IDR process aims to protect patients from being caught in payment disputes and ensures a fair resolution for all parties involved.</span></p>
<h2><strong><span style="font-size: 14.0pt;">Pricing Transparency</span></strong></h2>
<p style="margin-left: 0in; margin-right: 0in;"><span style="font-size: 14.0pt;">In addition to protecting patients from surprise medical bills, the Act also includes provisions to increase health care pricing transparency. Health insurers must provide patients with clear and detailed information about their health care coverage. This includes a description of providers’ network status and estimated cost-sharing amounts. This increased transparency aims to empower patients to make informed health care decisions and avoid unexpected charges.</span></p>
<p style="margin-left: 0in; margin-right: 0in;"><span style="font-size: 14.0pt;">The No Surprises Act is a significant step toward addressing surprise medical billing and protecting patients from financial harm. By implementing clear rules and procedures, patients are not caught off guard by unexpected charges and have access to fair dispute resolution. With the Act in place, patients can have more confidence in seeking medical care, knowing they will not face unexpected financial burdens.</span></p><p>The post <a href="https://andreolilaw.com/how-no-surprises-act-may-help-with-unexpected-medical-bills/">How No Surprises Act May Help With Unexpected Medical Bills</a> first appeared on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p><p>The post <a href="https://andreolilaw.com/how-no-surprises-act-may-help-with-unexpected-medical-bills/">How No Surprises Act May Help With Unexpected Medical Bills</a> appeared first on <a href="https://andreolilaw.com">Andreoli Law Group, P.C.</a>.</p>
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