Bonnie Lawston-LiEstate Attorney by cjleclaire
Long Island Estate Attorney,Estates,Trusts Administration,Litigation
Jan 05, 2016 | 5620 views | 0 0 comments | 23 23 recommendations | email to a friend | print | permalink

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Can You Be the Executor of an Estate in New York if You Don’t Live in the State?
by cjleclaire
Oct 31, 2014 | 21789 views | 0 0 comments | 587 587 recommendations | email to a friend | print | permalink
Posted on by BonnieLawston

If your loved one has died in New York, with a valid will, trust or estate plan there, but you live in another state, you may be uncertain if you can, or if you want to, serve as executor, administrator or trustee from another part of the country. To answer the first question, New York does allow a non-resident to serve as executor or administrator of an estate within the state.

However, just because the law allows you to serve as an executor does not mean that you must. You always have the right to decline to serve. However, just because you live in another part of the country does not mean that it must be difficult or complicated to serve as executor. In many instances, you can fulfill all your duties without ever having to travel to the state. Typically, you attorney can:

  • Take care of all paperwork necessary to get you appointed as executor
  • Appear on your behalf at all hearings or proceedings
  • Prepare and file all documents necessary to initiate and settle the estate
  • Prepare and file an accounting of all debts and assets of the estate
  • Secure valuations of property, when necessary
  • Notify all interested parties, including creditors and potential beneficiaries
  • Ensure that all final debts and obligations of the estate are satisfied
  • Verify that all necessary tax filings are completed
  • Oversee the orderly distribution of the assets of the estate in accordance with the terms of the will

Contact the Law Office of Bonnie Lawston

At the Law Office of Bonnie Lawston, we focus our estate administration practice on estates subject to probate in Nassau County and Suffolk County on Long Island. Contact our office online  or call us at 631-425-7299 or C 855-479-4700 to set up a free initial consultation. We can be reached 24/7.

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Does Your Loved One Need a Special Needs Trust?
by cjleclaire
Jun 26, 2013 | 11703 views | 1 1 comments | 347 347 recommendations | email to a friend | print | permalink

If a member of your family has special needs, it is important to you that he or she has financial security.  Let’s say for example, that your 19-year-old son, Johnny, suffered serious injuries in a car accident.  That the accident resulted in traumatic brain injury and left your child as a paraplegic.  Now you are faced with ongoing medical expenses, the need to retrofit your home to accommodate your child’s special needs and a myriad of other costs.

With the help and assistance of your NY estate attorney, a Special Needs Trust can be established for your loved one.  Johnny can continue to live at home with you as his primary caregivers.  You can be compensated by the trust to provide for his specialized needs and attention which is a 24/7 full-time job.

What is a Special Needs Trust?

Special needs trust are authorized by 42 U.S.C. sec. 1396p(d)(4)(A)  and are an estate planning tool that protects funds intended for your special needs loved one, while preserving eligibility for public benefits.  The assets of the trust can be used for essentials not covered through entitlement programs, such as private nurses, or therapists, or certain types of medical equipment.  The trustee is responsible for the management and distribution of the assets in the trust.

To be eligible for a Special Needs Trust:

•    You must be under the age of 65

•    The trust must be funded with the individual’s assets (such as a personal injury award)

•    You must be disabled

•    The trust must be “for the sole benefit of” the disabled individual

•    The trust must be created by a parent, grandparent, legal guardian or the Court

Why your loved one needs a Special Needs Trust

If your loved one is receiving public benefits such as, Social Security Supplemental Income, Medicaid, and Section 8 Housing, he or she will lose those benefits if a trust is not established.  In the example of Johnny, his personal injury award would have been quickly exhausted by paying bills that Medicaid otherwise would have paid.  So special care must be taken, to set aside funds and in setting up the trust.

Your loved one’s Special Needs Trust can be established using assets that already belong to him or her or may be contributed by a third party.  Inheritances, lawsuit settlements, or financial gifts are commonly used to fund the trust.

Need advice about a Special Needs Trust?  Talk to an NY estate attorney today!

Setting up a Special Needs Trust for your loved one requires a skilled and experienced estate attorney.  The NY Law Offices of Bonnie Lawston has helped many clients over the years set up trusts of all types, including Special Needs Trusts.  If you need help in setting up a trust for your special needs loved one, contact us online  or call 877-581-8498 for an appointment today.

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Keith Caldwell
June 27, 2013
In a divorce situation, do you advise both parents to each set up a trust or would only one work?

NY Estate Probate Attorney talks about Breach of Fiduciary Duty
by cjleclaire
Jun 05, 2013 | 10790 views | 0 0 comments | 410 410 recommendations | email to a friend | print | permalink

If you are an executor of an estate or an administrator of a trust, you are considered a fiduciary.  In either position you are required by law to ethically fulfill your fiduciary duties which are:

  • Impartiality—not favoring one party over the other.
  • Undivided loyalty—not conflicting your own interests with the interests of the parties of the trust, will or estate.
  • To administer the trust, will or estate faithfully with care and good sense.

If you fail to carry out your fiduciary duties properly you could find yourself facing a lawsuit over breach of fiduciary duty.

You can be held personally liable for breach of fiduciary duty

Being an executor or administrator of a trust, will, or estate is a serious responsibility and failures to ethically carry out your duties can land you in hot water.  In the event of a breach you can be held personally liable to the damaged party and possibly charged criminally.  So it is vital to keep thorough records and document all income and expenses relative to the estate.

 Actions that could get you in trouble as a fiduciary include:

  • Investing estate funds in a venture in which you have a financial interest
  • Commingling your funds with the funds of the estate
  • Conflicts of interest
  • Making risky investments
  • Arbitrary decisions about distributions to beneficiaries or payments to creditors

Talk to an estate attorney about your fiduciary duties today

Properly navigating the duties of a fiduciary can be complex and confusing and often requires the help of an experienced Long Island estate attorney.  The Law Offices of Bonnie Lawston has successfully helped clients with breach of fiduciary claims such as:

mismanagement or misappropriation of assets

failure to account, fraud, conflicts of interest

failure to distribute assets

improper distribution of assets, and other claims.

If you have questions about how to fulfill your fiduciary duties contact our office online  or call (877) 581-8498 today.

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by cjleclaire
Feb 01, 2013 | 10930 views | 0 0 comments | 69 69 recommendations | email to a friend | print | permalink

Author: Bonnie Lawston: Law office of Bonnie Lawston

Stephen Sternbach--Star Multi Care 

New York Estate Litigation Attorney handling clients throughout Queens County, Nassau County and Suffolk County NY.

Do you know what to do with a loved ones estate if they die?

Do you live out of state and your loved one passed away as a resident of Queens or  they own property in Queens or New York?

 Legal Help with Queens, NY Probate & Estate Administration—No Matter Where You Live

If the decedent died as a resident of the State of New York, living in Queens (their primary residence) or they have real property in the State of New York, we can assist you.  New York State law requires that when someone passes as a resident of New York, or has property in NY, an estate proceeding must be started to collect the assets and distribute them.

Representing Clients throughout Queens, NY

The Law Office of Bonnie Lawston represents clients throughout Queens County, including Astoria, Corona, Elmhurst, Glendale, Long Island City, Forest Hills, Woodside, Bayside, Douglas-ton, Flushing, Kew Gardens, Little Neck, Oakland Gardens, Utopia, Whitestone, Howard Beach, Richmond Hill, Woodhaven, Hollis, Jamaica, and Jamaica Estates, Rosedale, Springfield Gardens,

Breezy Point, Far Rockaways, Roxbury and Sea-side to name a few communities.

A Variety of Retainer Options Available

We have many types of retainers. Our popular retainer is the deferred payment retainer whereby the legal fee is paid from the estate and/or inheritance. No legal fee or legal retainer is due up front. Our legal service fee is paid upon collection of estate assets and prior or at the time of distribution. Subject to qualification, verification and other information.

Call the Law Offices of Bonnie Lawston toll free (855) 479-4700 | Local Calls (631) 425-7299.

If you are unable to handle your situation alone due to possible illness or inability to move around without assistance, we work with Star Multi Care to provide our clients with Home Health Care throughout Queens.

Home Health Services We Offer

Your personal care team of healthcare professionals and support staff collaborate to deliver a broad range of home care services that include:

Contact Star Multi Care

For compassionate home nursing care, therapy and home health aide services, call Star Multi Care Services at (877) 920-0600 or contact one of our branch administrators in your area to find out how we can make your life easier and help you worry less about the well-being of someone you love.




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by cjleclaire
Jan 29, 2013 | 11403 views | 0 0 comments | 73 73 recommendations | email to a friend | print | permalink

Home Health Care in Demand

Author: Bonnie Lawston: NY Estate & Probate Litigator

Stephen Sternbach: Star Multi Care: Home Health Care

According to a study conducted at the Ohio State University, there are more than 33,000 home health care providers in the United States, offering assistance to approximately 12 million people. Nearly 70% of the home health care patients are over the age of 65, and a large percentage (about 64%) are women. Home health care providers offer a wide range of services, including care related to diabetes, Alzheimer’s’, osteoarthritis, cancer, hypertension and heart conditions.

Home health care employees are typically registered or licensed practical nurses, but may also include physical therapists, occupational therapists, speech therapists and dietitians. Many home health care providers combine medical services with life assistance services, such as meal preparation, light housekeeping, transportation to medical or other appointments, medication management and companionship.

The benefits of home health care have long been known. Treatment in the home means that many people do not have to go into hospital, convalescent or other institutional long-term nursing care facilities, places where they will be unfamiliar with surroundings, or feel isolated. With in-home health care treatment, a patient can go about his or her life in a normal fashion, stopping only to receive necessary treatment. Because of familiarity with surroundings, there is less likelihood of injury due to tripping, slipping or falling. In addition, there are substantial psychological benefits to being in one’s own home.

Contact the Professionals at Star Multi Care

At Star Multicare, we provide a full range of in-home health care services, and also work with people in assisted living or other residential care facilities. To learn more about the ways we can help you and your loved ones, contact us online or call our office at (877)920-0600

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