office@reitanolaw.com

ELDER LAW, GUARDIANSHIPS AND ESTATE PLANNING

New York City Elder Law Attorney Serving Families for Over 35 Years

Guardianship, Estate Planning, Wills, Trusts and More

GENERAL PRACTICE

ESTATE PLANNING

WILLS + TRUSTS

APPEALS

POWER OF ATTORNEY

GUARDIANSHIPS

Supporting Residents of New York City and State

Gina-Marie LoBraico-Reitano, Esq. is an accomplished litigator with over 35 years of experience in all areas of Elder Law including estate planning and administration, wills and trusts, powers of attorney, guardianships and appeals. The Firm supports families in New York City and State with offices in Staten Island, New York

The best way to get started is to contact the office to schedule a consultation today.

FAQs

What is elder law, and how can it benefit my family?

Elder law focuses on legal issues that affect older adults and their families. It includes estate planning, guardianships, Medicaid planning, wills, and trusts. By working with an elder law attorney, you can protect your assets, ensure proper care for aging loved ones, and plan for unforeseen circumstances.

How do I know if my elderly loved one needs a guardianship?

Guardianship may be necessary if your loved one is unable to manage their personal or financial affairs due to physical or mental incapacity. An elder law attorney can help you determine whether guardianship is appropriate and guide you through the legal process in New York

What is the difference between a will and a trust, and which is better for estate planning?

A will outlines how your assets will be distributed after your death and requires probate, while a trust can manage your assets during your lifetime and bypass probate. Each has advantages, depending on your specific needs, and an attorney can help you decide which is right for you.

How can a power of attorney help in elder care planning?

A power of attorney allows you to appoint someone you trust to handle your financial or medical decisions if you become incapacitated. This ensures that critical decisions are made without court intervention, providing peace of mind for you and your family.

What steps are involved in creating an estate plan?

Creating an estate plan typically involves drafting legal documents such as a will, trust, power of attorney, and healthcare proxy. It may also include strategies to minimize taxes and protect assets. A consultation with an elder law attorney ensures that all aspects of your plan are tailored to your goals.

What should I do if I suspect financial exploitation of an elderly family member?

If you suspect elder financial abuse, it’s crucial to act quickly. Gather evidence, document your concerns, and consult an elder law attorney to explore legal remedies, including guardianship or court intervention, to protect your loved one’s assets.

How can I prepare my estate to avoid probate in New York?

You can avoid probate by setting up a living trust, designating beneficiaries for assets, and ensuring joint ownership of property where applicable. An elder law attorney can help you structure your estate to streamline asset distribution and reduce costs.

Are there other circumstances when guardianship might be appropriate?

Yes, for an older disabled child, or a mentally ill family member.

What are the legal requirements for establishing guardianship in New York?

In New York, guardianship requires filing a petition in court, providing evidence of incapacity, and attending a hearing. A judge will decide if guardianship is necessary and appoint a guardian. Legal guidance is essential to navigate this process effectively.

Can an elder law attorney assist with Medicaid planning in New York?

Yes, an elder law attorney can help you plan for Medicaid eligibility while protecting your assets. This may involve creating trusts, transferring assets, or restructuring finances to meet Medicaid requirements without jeopardizing your family’s financial security.

Why is it important to update my estate plan regularly?

Life changes such as marriage, divorce, the birth of a child, or changes in financial circumstances can impact your estate plan. Regular updates ensure that your documents remain aligned with your current wishes and comply with evolving laws.

What services does The Law Offices of Gina-Marie LoBraico-Reitano offer in elder law and estate planning?

Our office provides comprehensive services, including estate planning, wills, trusts, guardianships, powers of attorney, Medicaid planning, and legal appeals. With over 35 years of experience both as an attorney and as a guardian, the firm offers personalized support to families across New York City and State

Practice Areas

General Practice

Elder Law

Wills, Trusts + Estates

Appeals

Mediation

Contact Us

1 Edgewater Plaza

Suite 211

Staten Island, New York 10301

Phone : 718.667.0001

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