New York and Pennsylvania are among a handful of states that have enacted “No-Fault” laws to ensure that insurance carriers pay for medical expenses, lost wages, and various incidental costs associated with injuries sustained in motor vehicle accidents. Under such laws, injured parties are covered regardless of who was at fault in an accident. These laws are intended to ensure quick payments to injured parties, as well as to avoid costly and time-consuming litigation. Claims under [...]

Spousal Support (Maintenance) in New York Spousal Support in New York is called maintenance. Many years ago it was referred to as “alimony”. Today maintenance is generally determined by a formula that compares the income of the spouses, with the higher income spouse paying maintenance to the lower income spouse. There are basically two formulas in New York for maintenance. The lower formula is used when child support is also being paid by the higher income spouse to the lower income [...]

The number of older Americans with student loan debt – either theirs or someone else’s -- is growing. Learning how to deal with this debt is now a fact of life for many seniors heading into retirement. According to a study by the Consumer Financial Protection Bureau, the number of older borrowers increased by at least 20 percent between 2012 and 2017. Some of these borrowers were borrowing for themselves, but the majority was borrowing for others. The study found that 73 percent of [...]

With a new year comes new resolutions.  Most people’s resolutions generally involve physical health and wellness.  While such resolutions are admirable, there are other resolutions that are far easier to keep that simply involve getting out old documents and making an appointment with your lawyer. The following resolutions are easy ways to make sure that your estate and elder law matters are up to date for the new year and years to come: 1.    Confirm your [...]

Nursing home residents do not automatically have to sell their homes in order to qualify for Medicaid, but that doesn't mean the house is completely protected. The state will likely put a lien on the house while the resident is living and attempt to recover the property after the resident has passed away. Medicaid will not count a nursing home resident's home as an asset when determining eligibility for Medicaid as long as the resident intends to return home.  In addition, the resident's [...]