Elder Law News
From Enea, Scanlan & Sirignano, LLP
January 2025
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New York's Elder Law Team
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Stella King Named Partner
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Enea, Scanlan & Sirignano, LLP is pleased to announce Tarrytown resident Stella King, Esq. has been named a partner. Since joining the firm as an associate attorney in 2019, Ms. King has focused her practice on elder law, estate and asset protection planning.
Ms. King provides guidance on a wide range of matters including wills and trusts, estate tax planning, powers of attorney, estate and probate administration, Medicaid and nursing home care planning, and special needs planning.
“Stella’s deep understanding of New York’s elder law and estate planning landscape, combined with her compassion and responsiveness to clients’ needs, has made her a vital member of our team,” said elder law attorney Anthony J. Enea, the firm's managing partner. “Her promotion to partner reflects her dedication to excellence and our shared commitment to uphold the highest legal standards.”
Active in the legal community, Ms. King is a member of the Westchester County Bar Association and the New York State Bar Association’s Trust and Estates, and Elder Law and Special Needs Sections. She is a regular contributor to journals on elder law, special needs planning, and powers of attorney, and frequently speaks on these educational topics throughout the New York metropolitan region.
“I'm honored to serve as a partner at Enea, Scanlan, and Sirignano, LLP, a law firm that has long been dedicated to successfully responding to the evolving needs of our valued and trusted clients,” said Ms. King. “I remain committed to providing the highest standard for service and care to our clients and look forward to building upon the exemplary track record of my fellow partners.”
Ms. King was named a Rising Star in the New York Metro edition of Super Lawyers (2021-2023), an accolade awarded to only 2.5 percent of attorneys in each state. She received a J.D. from Hofstra University School of Law and was awarded a pro-bono program certificate (gold level) for her commitment to improving access to the legal system among members of underrepresented groups. Ms. King is admitted to practice law in New York and New Jersey.
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Can a Home Subject to a Mortgage Be Transferred to a Trust?
By: Anthony J. Enea, Esq.
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One of the most common concerns clients have about transferring a home that is subject to a mortgage to an inter vivos trust (a trust created during one’s lifetime) is whether doing so will trigger the due-on-sale (“DOS”) clause of the mortgage. Most mortgage agreements contain a provision stating that upon the conveyance of property subject to the mortgage, the entire outstanding amount of the mortgage is immediately due and payable to the lender.
Fortunately, this is not always the case, thanks to the Garn-St. Germain Depository Institutions Act of 1982 (“Garn-St. Germain”). Indeed, Garn-St. Germain is not a French liqueur but an act of Congress that deregulated savings and loan associations, allowed for adjustable rate mortgages, and provided protections against the DOS clause of mortgages. The Bill is named after Congressman Fernand St. Germain and Senator Jake Garn.
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A Note to Clients with Corporate Entities
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If you own a business entity, there have been a number of recent developments regarding whether you need to report your Beneficial Ownership Information (BOI) with FinCEN. In light of a recent federal court order, reporting companies are not currently required to file beneficial ownership information with FinCEN and are not subject to liability if they fail to do so while the order remains in force. However, reporting companies may continue to voluntarily submit beneficial ownership information reports. More information is available at https://www.fincen.gov/boi
Enea, Scanlan & Sirignano, LLP will continue to monitor the status of the Corporate Transparency Act. However, this information is being provided to you purely for informational purposes and Enea, Scanlan & Sirignano, LLP is not undertaking any legal representation or action unless specifically engaged to do so. Please be further advised that our office is not preparing and/or filing beneficial ownership information on behalf of clients at this time.
The material contained within is a source of information only and should in no way be relied upon or construed as legal advice.
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Upcoming Speaking Engagements
Featuring the Attorneys of Enea, Scanlan & Sirignano, LLP
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Tuesday, January 21, 2025 from 12:00-1:00pm
Lauren C. Enea, Esq. will be speaking on
“Critical Issues Facing Senior Clients”
Hosted by: NYSSCPA Manhattan/Bronx Chapter
Webinar
For more information, visit: https://cpe.nysscpa.org/product/35476
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Tuesday, February 11, 2025 from 12:00-1:00pm
Anthony J. Enea, Esq. will be speaking on
“Drafting an Effective Power of Attorney in New York”
Hosted by: Lawline
Webinar
For more information, visit: https://tinyurl.com/ms2skmpx
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Tuesday, February 18, 2025 from 12:00-1:00pm
Lauren C. Enea, Esq. and Frank Melia, CMPS will be speaking on
“How Proper Legal Planning & Home Ownership Can Help Your Clients Age in Place Safely”
Hosted by: Westchester County Bar Association
Webinar
For more information, visit: https://tinyurl.com/25sxt3cf
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Wednesday, March 19, 2025 from 12:00-1:00pm
Lauren C. Enea, Esq. will be speaking on
“Conveying Real Estate and the Tax Consequences”
Hosted by: White Plains Bar Association
Webinar
For more information, please contact our office at (914) 948-1500.
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Monday, March 24, 2025 from 3:00-4:00pm
Lauren C. Enea, Esq. will be speaking on
“Protecting Your Assets and Identity”
Hosted by: Bronxville Public Library
Webinar
For more information, please contact our office at (914) 948-1500.
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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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