Pope Law Firm, PLLC Buffalo New York Lawyer | Pope Law Firm, PLLC | Williamsville Attorney 2026-09-08T09:20:37Z https://www.lawonly.com/feed/atom/ WordPress On Behalf of Pope Law Firm, PLLC <![CDATA[What happens if a beneficiary is missing in New York probate?]]> https://www.lawonly.com/?p=47681 2026-09-08T09:20:37Z 2026-09-08T09:20:37Z The executor must look for the beneficiary In New York, an executor must consider the rights of people who may receive property from an estate. A missing beneficiary does not lose an inheritance simply because the executor cannot locate them. Reasonable efforts should be made to find the person. The executor may review the decedent's records and old contact information. Family members, friends and others who might know the beneficiary's whereabouts may also be contacted.

What happens when the beneficiary cannot be found

The Surrogate's Court may need to decide how to protect the missing beneficiary's interest. New York law allows the court to take steps that protect a missing person's interest in an estate. The court may require additional notice or other steps before the executor can distribute estate assets. The executor may need to hold the missing beneficiary's share rather than give it to someone else. Several factors may affect the process:
  • The will: The will may explain what should happen if the executor cannot find a beneficiary.
  • The beneficiary's status: A named beneficiary may have different rights from another person who could inherit from the estate.
  • The search efforts: The executor should keep records of the steps taken to locate the beneficiary.
  • The estate's assets: The type and value of the property may affect how the court handles the missing person's share.
A missing beneficiary can delay the final distribution of an estate. The executor should not give that person's share to someone else until the executor resolves the issue. These steps can help protect the beneficiary's rights and reduce future disputes.

Careful steps can help avoid disputes

A missing beneficiary does not always stop probate. However, the executor should address the person's rights before distributing estate property. Otherwise, the estate may face disputes or additional court proceedings. Keeping contact information current can make estate matters easier. Executors should also maintain clear records when they cannot locate a beneficiary. These steps can help families understand why probate may take longer. They can also help protect a missing person's inheritance while the executor settles the estate.]]> On Behalf of Pope Law Firm, PLLC <![CDATA[How does New York’s five-year Medicaid look-back work?]]> https://www.lawonly.com/?p=47680 2026-08-18T13:19:06Z 2026-08-22T05:01:32Z Planning for long-term care can feel overwhelming, especially when nursing home costs in New York often exceed $15,000 per month. Many families assume they can simply give their assets to their children right before applying for Medicaid. However, state law prevents you from giving away money just to qualify for government assistance. Understanding how state auditors review your financial history can save your family from expensive delays and unexpected out-of-pocket medical bills.  

Understanding the 60-month financial review

When you apply for nursing home Medicaid in New York, the state reviews every financial transaction you made over the past 60 months. Local caseworkers analyze bank statements, property deeds and investment accounts to ensure you received fair market value for your property. Working with an experienced elder law attorney ensures you qualify for care without risking your family's financial security. When state caseworkers find improper transfers or below-market sales, they assess a penalty period. During this timeframe, Medicaid refuses to cover your long-term care costs, leaving your family to pay out-of-pocket. Common transactions that trigger a Medicaid penalty include:
  • Giving cash gifts to children or grandchildren for birthdays, weddings or graduations 
  • Transferring the title of your primary home to a relative without proper legal exemptions
  • Selling real estate, vehicles or valuable personal property for less than true market value  
  • Adding family members as joint owners on existing bank accounts or investments
Auditors view these transfers as uncompensated gifts, regardless of your intent at the time.

Smart ways to protect your hard-earned savings

You can preserve your family legacy without violating state transfer rules. Certain asset transfers are fully exempt from the look-back rule, such as transferring a home to a spouse or a disabled child. You can also use Medicaid Asset Protection Trusts to shield real estate and savings if you set them up early. Taking proactive steps today prevents costly mistakes when care becomes urgent.]]> by Pope Law Firm, PLLC <![CDATA[Medicaid-compliant annuities in New York: What families need to know]]> https://www.lawonly.com/?p=47679 2026-08-15T20:05:31Z 2026-08-15T20:05:31Z How does an MCA convert an excess resource into income? An MCA turns a countable asset into a steady income stream. An applicant uses a lump sum to buy a single-premium immediate annuity. The insurer then sends regular payments under the contract. A compliant MCA generally must meet these key requirements:
  • Immediate payments: The annuity must begin sending payments shortly after purchase.
  • Equal payments: The contract must provide equal or nearly equal scheduled payments.
  • Irrevocable terms: Once purchased, the owner cannot cancel or cash out the contract.
  • Actuarial soundness: The payment term must fall within the annuitant's actuarial life expectancy, based on standard actuarial tables.
  • State beneficiary: New York State must be named as a required beneficiary to recover any Medicaid benefits paid.
The owner, annuitant and payment recipient can affect how Medicaid treats the annuity. For a single applicant, the payments generally count as income. For a married couple, the payments may support the community spouse. A review before purchase can help identify problems with the contract. A defective MCA can create issues with Medicaid eligibility.

What New York Medicaid rules can affect an annuity strategy?

New York Medicaid reviews annuities during the eligibility process. Several factors can affect how an MCA fits into a Medicaid plan, including:
  • Annuity disclosure: Applicants must report annuities and provide the contract details Medicaid needs.
  • Application timing: The annuity purchase should match the Medicaid application and financial records. Other asset transfers may also affect eligibility.
  • State beneficiary rights: New York state may have a beneficiary interest to recover Medicaid benefits paid for the annuitant. A community spouse may have priority under the rules.
  • Married couples: An MCA bought for a community spouse can provide income to the healthy spouse while the other spouse seeks Medicaid coverage.
  • Changing circumstances: A change in ownership, a spouse entering long-term care or new care needs may affect the strategy.
  • Overall planning: An MCA should fit into the family's Medicaid and estate plan. It should not stand alone.
The applicant's assets, marital status, financial records and Medicaid goals can all affect how an MCA should be structured and reviewed.

Guard your Medicaid benefits

An MCA can help protect family savings and support long-term care costs. But small mistakes can put Medicaid eligibility at risk. For example, failing to name New York State as a beneficiary, choosing a non-immediate payment structure or miscalculating the actuarial term could cause the annuity to fail Medicaid review. A New York elder law attorney can review the annuity contract and overall financial picture before funds are committed. Getting legal advice early can help protect both Medicaid benefits and hard-earned family savings.]]> On Behalf of Pope Law Firm, PLLC <![CDATA[What are the requirements for a valid will in New York?]]> https://www.lawonly.com/?p=47678 2026-08-06T12:45:02Z 2026-08-06T12:45:02Z Document format requirements New York law generally does not recognize oral wills (also called nuncupative wills) or video wills. State law requires all standard wills to be in writing. However, the state does allow for very specific and rare exceptions involving those in military service. Unless you fit the narrow circumstances outlined in NY law, you must always have your will in writing. Likewise, unwitnessed handwritten wills (known as holographic wills) are not legal for the general public, though a witnessed handwritten will remains valid. Just like oral wills, the only exceptions for unwitnessed holographic wills are for those in active military service. Only members of the US Armed Forces (during an active armed conflict) and mariners at sea can create a valid holographic will.

Witness and testator requirements

There are certain requirements you must fulfill as the testator (the person creating the will). For example, you must be at least 18 years old to create a valid will in New York. You must also possess testamentary capacity (sound mind and memory) to sign your will. All New York wills must have at least two competent adult witnesses. You must sign in the presence of the witnesses or acknowledge your signature to them at a later time. The witnesses must sign your document and provide their addresses. Under state law, witnesses do not need to sign at the same time. Both attesting witnesses must sign the will within a 30-day period starting from when the first witness signs or takes the testator's acknowledgment. While beneficiaries are technically permitted to witness a will in New York, doing so is risky. Under the state’s interested witness statute, their inheritance may become void unless there are two other disinterested witnesses or unless the witness would have been entitled to a share of the estate under intestate succession rules.

Publication and signature requirements

You must sign your will at the very end of the document to prove your signature covers all preceding instructions. The law prevents bad actors from fraudulently adding instructions after you sign. Courts usually ignore text written below or after the signature. New York has a unique legal requirement for will validation. You must “declare” or communicate to witnesses at the time of signing that the document they will sign is your last will. The state calls this declaration the “publication.”

Tips and takeaways

While it may not be legally necessary, it is standard practice in New York to use a “self-proving affidavit.” This is a sworn legal document that confirms your witnesses observed the proper execution of your will. Because New York maintains such a high standard, you may want to consider consulting a legal professional. They can advise you on legal requirements to ensure you can satisfy all formalities.]]> On Behalf of Pope Law Firm, PLLC <![CDATA[3 key ways you can use a trust in your estate plan]]> https://www.lawonly.com/?p=47677 2026-07-23T19:06:53Z 2026-07-23T19:06:53Z A trust can be an important part of your estate plan. You can put funds into a trust and then leave instructions for the trustee regarding how they can use those funds for your specified beneficiary. There are many different ways that you can do this, and every situation is unique. It is important to consider exactly what will work best for you, your family and the beneficiary. Below are just three examples to keep in mind.

1. Delaying the inheritance

For one thing, with young beneficiaries, you may want to delay the inheritance. You can state that they can only access the funds in the trust once they reach a certain age. If a beneficiary is only 18, for instance, you could delay their access until age 25 or 30.

2. Protecting certain benefits

If a beneficiary receives government benefits, then it can be helpful to use a special needs trust. Because the trust owns the funds, the beneficiary can still pass a means test and keep their benefits. Giving them the inheritance directly could disqualify them.

3. Rewarding specific behaviors

A trust can also be used to reward a beneficiary for reaching certain goals or behaving in a certain way. For instance, you could set up a trust that they can access if they graduate from college. You could also authorize distributions from the trust based on professional success, such as saying that they can make annual withdrawals, but they can only take out as much as they earned that year. This gives them an incentive to reach these goals. Again, these are only three examples, and you can use a trust in many different ways. It can help to work with an experienced attorney as you determine what will be right in your situation.  ]]> On Behalf of Pope Law Firm, PLLC <![CDATA[Estate planning: Getting your social media accounts ready]]> https://www.lawonly.com/?p=47675 2026-07-15T04:01:43Z 2026-07-15T04:01:43Z Modern estate planning involves much more than deciding who will receive your home, bank account or family heirlooms. The realities of the Digital Age have driven a pressing need for all adults – yourself included – to consider their digital footprint when estate planning.  Many people spend years building an online presence through social media accounts, and those digital assets deserve attention as part of a comprehensive estate plan. Platforms may contain thousands of family photographs, videos, personal messages and memories that loved ones would want to preserve. Business owners, influencers and professionals may also operate accounts that generate income or contribute to a brand's value.

Planning effectively 

Taking an inventory of your accounts is a good way to start taking executive notice of this concern when estate planning. Social networking platforms, professional networking profiles, video-sharing accounts and messaging services should all be addressed. Keeping a secure record of account names and access information can make administration much easier for loved ones later. You’ll also want to consider that many social media companies now offer tools that allow users to make decisions in advance about what will happen to their accounts after death. Some platforms permit users to designate a legacy contact who can manage certain aspects of an account, while others allow users to request account deletion upon death. Reviewing these options with a skilled legal team can help you to better ensure your wishes are followed later.  It is also important to decide whether you want your accounts memorialized, transferred or permanently deleted. Some families appreciate having an online space to share memories and condolences, while others prefer to close accounts in the interests of privacy. You have likely spent much time on your social media platforms. It is now important that you take some time to consider how you want them to be addressed when you’re gone. ]]> On Behalf of Pope Law Firm, PLLC <![CDATA[Can you put digital assets in your will?]]> https://www.lawonly.com/?p=47674 2026-07-01T09:51:45Z 2026-07-01T09:51:45Z Digital assets are far more common in 2026 than they were for previous generations. Americans spend millions of dollars annually on things that they do not own in any physical sense. This can get a bit complex when making an estate plan. There are some situations in which you can include digital assets in your will, but there are other situations in which you cannot. It all depends on the type of asset that you have purchased and the goals of your estate plan.

Cryptocurrency and financial assets

One example of a digital asset is cryptocurrency, which is often treated as an online currency. It can be purchased with real money, and its value can trend up or down, similar to stocks. Often, you can include cryptocurrency in your estate plan. You should specifically note the beneficiary who is going to receive that asset when you pass away. This is the same as leaving them ownership of a bank account or an investment portfolio. You do not necessarily need to include all of the specific details in your estate plan, but you should be sure to give that beneficiary the necessary passwords and login information to access the account.

Digital products

When it comes to digital products like movies, television shows, music or video games, however, you may not be able to include them in your estate plan.  The issue is that you often do not own the digital products in the first place. If you purchased a movie online, the fine print in the contract may say that you have just purchased a license to watch that movie, but you are not allowed to transfer it to anyone else. Digital assets can make estate planning more complex, which is why it is so important to work with an experienced attorney while setting up your plan.  ]]> On Behalf of Pope Law Firm, PLLC <![CDATA[Does a beneficiary get their inheritance immediately?]]> https://www.lawonly.com/?p=47673 2026-06-19T23:57:24Z 2026-06-19T23:57:24Z payable-on-death (POD) account. This type of account generally skips probate, and the beneficiary becomes the new account holder once it is clear that the original owner has passed away. With a little planning, a person can speed up how fast an heir or other beneficiary receives an inheritance.

A beneficiary’s inheritance can be intentionally delayed

There are times when someone doesn’t want a beneficiary to have access to their inheritance immediately. They can do it by putting it into a trust. For instance, perhaps an elderly person has a beneficiary who is a 19-year-old college student. If they feel that person was too young to receive an inheritance, they could put it in a trust stipulating that it will only be released when the beneficiary reaches a certain age. It is even possible to designating multiple ages, such as saying that they get a third of their inheritance at 21, another third at 25 and the final third at age 30. While going through the estate administration and probate process, it is important to carefully consider how the estate plan was constructed. Beneficiaries and other parties involved need to know what legal steps to take at this time.]]> On Behalf of Pope Law Firm, PLLC <![CDATA[How a living trust can help you avoid probate in New York]]> https://www.lawonly.com/?p=47672 2026-06-17T08:27:46Z 2026-06-17T08:27:46Z If you are worried about your family facing months of court delays and legal fees after you pass away, a living trust may offer a practical solution. Probate in New York can take significant time and money, and many people want to spare their loved ones that burden. Understanding how a living trust works can help you decide whether it fits your estate planning goals.

What a living trust does

A revocable living trust allows you to transfer ownership of your assets from your name into the trust while you are alive. You typically act as the trustee, so you keep control over the property. You can buy, sell or spend trust assets the same way you would if they were still in your name. Because the trust technically owns the property, those assets are not part of your probate estate when you die. This means they generally do not have to pass through New York's Surrogate's Court.

Why this matters for your family

Probate can take months and sometimes years, especially if anyone disputes the will. During that time, beneficiaries may not have access to funds or property they are entitled to receive. A living trust can shorten that timeline considerably:
  • Faster access to assets: trust property can often reach beneficiaries within weeks instead of months.
  • Lower costs: avoiding probate can reduce executor commissions and certain legal fees.
  • More privacy: wills become public record once filed, but trust terms generally stay private.
These benefits depend on the trust being set up and funded correctly. New York law specifically allows a lifetime trust to be created for purposes including probate avoidance under NY EPTL § 7-1.14.

The funding step people often miss

A trust only works if you actually transfer assets into it. This means retitling property, accounts and deeds into the trust's name rather than your own. Skipping this step is one of the most common reasons a trust fails to avoid probate as intended.

Bringing it together

A living trust can let you keep control of your assets during your lifetime while helping your family skip the probate process later. The key steps involve creating the trust correctly and funding it by transferring your assets into its name. This matters because a properly funded trust can save your family time, money and stress during an already difficult period.]]> On Behalf of Pope Law Firm, PLLC <![CDATA[Nursing home planning for married couples ]]> https://www.lawonly.com/?p=47670 2026-06-04T17:55:13Z 2026-06-04T17:55:13Z Many married couples spend years planning for retirement, but give little thought to the possibility that one spouse may eventually require nursing home care. Long-term care costs can be substantial, and without proper planning, those expenses may place a significant strain on a family's finances.  Thankfully, nursing home planning allows married couples to prepare for these possibilities while protecting assets and maintaining financial security for a healthy spouse.

A complicated effort that is worth making 

Nursing home expenses can quickly consume savings, retirement accounts and other assets if no plan is in place. Many people mistakenly believe that Medicare will cover extended nursing home stays, but Medicare generally provides only limited coverage under specific circumstances. As a result, many families eventually look to Medicaid for assistance with long-term care costs. Medicaid eligibility rules can be complicated, especially for married couples. Fortunately, federal and state laws include protections designed to prevent a healthy spouse from becoming impoverished when the other spouse requires nursing home care. These rules may allow the spouse who remains at home to retain certain assets and income while the other spouse qualifies for benefits. Early planning is often most helpful. Couples may benefit from reviewing their assets, income sources, insurance coverage and estate planning documents with a skilled legal team long before nursing home care becomes necessary as a result. Waiting until a health crisis occurs can limit available options and create unnecessary stress. Nursing home planning is not simply about protecting money. It is also about preserving dignity, maintaining choices and reducing uncertainty during difficult periods of life. A thoughtful plan can help ensure that both spouses receive the care and financial protection they need.  ]]>