Elder Law News
From Enea, Scanlan & Sirignano, LLP
September 2024
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New York's Elder Law Team
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Does a Transfer on Death Deed Live Up to the Hype?
By: Anthony J. Enea, Esq.
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Effective July 19, 2024, the Heirs Property Protection and Deed Theft Prevention Act of 2024 became law in New York.
With the enactment of a new Section 424 of the Real Property Law (RPL), a Transfer on Death Deed (TODD) was authorized. One of the stated objectives of a TODD is to avoid probate for real property without having to use a costlier living trust. This purportedly simplifies and reduces the expense of conveying real property for persons of modest means and lower income.
Unfortunately, the provisions of § 424 of the RPL relevant to estate recovery and the rights of creditors (including Medicaid) make it so the very people the statute intends to help are the ones who are most adversely impacted by the use of a TODD.
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Congratulations, You’ve Signed Your Estate Planning Documents, Now What?
By: Lauren C. Enea, Esq.
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While I typically write about the importance of executing estate planning documents, knowing what to do with them after they are signed is even more important! Estate planning documents should not be considered those you can “set and forget.” They should be revisited regularly, and some documents, such as trusts, even have little use unless they are properly funded during life.
So, what should you do next? Here is a non-exhaustive checklist you can follow to ensure you have taken advantage of all your estate plan has to offer:
1. Fund your trusts and update any beneficiary information as recommended by your attorney: First things first, if you have created any trusts make sure you have instructions from your attorney as to what assets he or she recommends be held by the trust and how to transfer them. For example, if you have created a revocable living trust to avoid probate, simply indicating on the trust document what assets are “owned” by the trust is insufficient. The asset title (ownership) needs to be transferred to the trust.
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2024 Walk to End Alzheimer's of Westchester County
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Enea, Scanlan & Sirignano, LLP is proud to sponsor the 2024 Westchester Walk to End Alzheimer's held at Westchester Community College on Sunday, October 6th at noon. Together we unite to help end Alzheimer's for the more than 6 million Americans living with the disease.
Team Enea, Scanlan & Sirignano, LLP walks to help the Alzheimer's Association® provide care and support to all those facing Alzheimer's and all other dementia, and advance critical research.
Join us at our exhibitor booth before and after the walk!
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Stop by and visit Enea, Scanlan & Sirignano, LLP at the Senior Resource Fair on Tuesday, September 24 (Jefferson Village Community Center) or Tuesday, October 8 (Patterson Recreation Center)!
Hosted by Assemblyman Matt Slater, the fair is dedicated to offering a range of valuable resources and services to our senior community, caregivers, and their families. The event will include vendors from local, county, state, and federal organizations and businesses including elder care attorneys, medicare specialists, transportation services, assisted living facilities, flu and vaccine shots, and more.
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Upcoming Speaking Engagements
Featuring the Attorneys of Enea, Scanlan & Sirignano, LLP
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Monday, September 16, 2024 from 1:00-2:00pm
Sara E. Meyers, Esq. will be speaking on
“Aging in Place: A Guide to Growing Older at Home”
Hosted by: Yonkers NNORC
Webinar
For more information, please contact our office at (914) 948-1500.
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Tuesday, September 17, 2024 from 12:00-1:00pm
Anthony J. Enea, Esq. will be speaking on
“Planning Considerations for New York's New Medicaid Eligibility Requirements for Long-Term Care”
Hosted by: NYSSCPA’s Manhattan/Bronx Chapter
Webinar
For more information, please contact our office at (914) 948-1500.
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Tuesday, September 17, 2024 from 7:00-8:30pm
Sara E. Meyers, Esq. will be speaking on
“Utilizing A Trust For Your Elder Law and Estate Planning Needs”
Hosted by: Chappaqua Continuing Education
Horace Greeley HS, 70 Roaring Brook Rd, Chappaqua, NY 10514
To register, visit: https://bit.ly/43cEkpK
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Thursday, September 19, 2024 from 12:20-1:30pm
Sara E. Meyers, Esq. will be speaking on
“Aging in Place with Medicaid Home Care”
Hosted by: Rockland County Bar Association
Webinar
For more information, visit: www.rocklandbar.org
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Thursday, September 19, 2024 from 6:00-7:00pm
Sara E. Meyers, Esq. will be speaking on
“Accountable Aging: Preparing for the Elder Years”
Hosted by: Hudson River Community Education
Dobbs Ferry Middle School, 505 Broadway, Dobbs Ferry, NY 10522
To register, visit: https://hrcewestchester.org
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Saturday, September 28, 2024 from 1:00-2:00pm
Stella King, Esq. will be speaking on
“Aging in Place: Keeping Your Loved Ones Safe at Home”
Hosted by: FirstLight Home Care
The Gerard J. Byrne Center, 11 Olympic Ln, Ardsley, NY 10502
To register, visit: https://tinyurl.com/3je3w37m
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Thursday, October 3, 2024 from 12:00-1:00pm
Lauren C. Enea, Esq. will be speaking on
“Transfer on Death Deeds”
Hosted by: Westchester County Bar Association
Webinar
To register, visit: https://tinyurl.com/2sbn3vm4
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Tuesday, October 15, 2024 from 2:00-3:00pm
Lauren C. Enea, Esq. will be speaking on
“Estate Planning for Every Age”
Hosted by: Scarsdale Public Library
54 Olmsted Rd, Scarsdale, NY 10583
For more information, visit: http://www.scarsdalelibrary.org
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The Talking Seniors podcast is currently on break.
Take a listen to some of the episodes from last season.
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Episode 13: What to Discuss with Family When an Alzheimer's Diagnosis Occurs
Anthony J. Enea, Esq. interviews Joan Nimmo of The Alzheimer's Association about the important conversations that are necessary when a diagnosis of Alzheimer's occurs within the family.
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