917-382-5100 info@moseselderlaw.com

Our Commitment To You

To provide personal attention, cost-effective, creative, prompt and strategic solutions for your estate planning and elder law needs.

Contact Us

Professional Relations,

757 3rd Avenue, 20th Floor, New York, NY 10017

info@moseselderlaw.com

917-382-5100

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Planning for the future is a continuous process where we work with our clients over time to examine their changing needs and goals and revise their plans to reflect those changes. We are committed to the protection of our clients and their assets, whether it is providing health care directives designed according to your specific wishes, detailed powers of attorney giving maximum or limited powers to assure that you can be taken care of as the need arises; drafting Wills and the various necessary trusts to protect family from too much wealth too soon; or enabling their money to be distributed for a college education, down payment on their first home, or school for your grandchildren.

Our Testimonials;

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Camille

My husband and I have worked with Anne Moses for many years. She has not only aptly assisted in our estate planning and creation of wills and living trusts, but also provided much needed elder care advice when caring for my aging mother. We found her to be highly efficient and responsive, extremely knowledgeable about the latest revisions to tax code, and willing to work with us to create solutions to complex family inheritance planning. Equally important, Anne provides her advice with grace, tact and humor.
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Fred

Anne helped me navigate the complexities of my father’s estate with an understanding and sensitivity that made a very difficult and complicated time easier. Her skills go far beyond her legal expertise, which is top notch.
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Edward A. Reilly, Stamford, CT

I have worked with Anne Moses as co-counsel on a complicated case involving a very large amount of money for an elderly person. I found Anne’s work to be of very high quality and her response time was excellent. I look forward to working with her and her firm in the future.

Who We Are

When I was 15, my father died of a heart attack. We lived in Brooklyn. My father had always taken care of the family finances, handing my mother cash each week to run the household. My mother was a very capable New York City school teacher, but having no experience budgeting, writing checks, reading business letters and financial statements together with the combination of losing her beloved Ed and having one child away at college and the other (me) at home, left her paralyzed with grief and fear.

As the only child at home, I took over my father’s responsibilities: writing checks (which I gave to my mother to sign), balancing the checkbook, handling all the correspondence concerning my father’s death and closing his medical practice. Over time my mother was able to take over all those responsibilities and ended up as a good budgeter, a wise investor, and preserver of what my father left and what she accumulated. I swore that her terrible adjustment should never happen to anyone.

I went to college and then law school and was determined to help people, particularly women, to be educated about handling their affairs and what they needed to know to protect themselves in life so that when their spouse died, or if they had no spouse, they could continue to handle the family’s business despite their grief.

Today we focus on providing estate planning, elder law and related topics to these individuals, through personal discussion with each client to establish a personalized plan, and to adjust that plan as necessary. We advise clients on wealth preservation and maintenance, assisting you to maintain as much control over your assets, including your businesses and welfare, for as long as possible. We help ensure that your interests are protected and your goals to preserve your assets and well-being are clearly set forth and minimize the possibility that unscrupulous characters will take control of them and their assets. We only represent the good guys!

Planning for the future is a continuous process where we work with our clients over time to examine their changing needs and goals and revise their plans to reflect those changes. We are committed to the protection of our clients and their assets, whether it is providing health care directives designed according to your specific wishes, detailed powers of attorney giving maximum or limited powers to assure that you can be taken care of as the need arises; drafting Wills and various necessary trusts to protect family from too much wealth too soon; or enabling their money to be distributed for a college education, down payment on their first home, or school for your grandchildren. We also devise plans to assist in the transfer of business interests so that your spouse does not end up in business with your partner.

Remember, planning is much cheaper than fixing!

Anne Moses

Attorney-at-Law

 

Contact Us

PROFESSIONAL MEMBERSHIPS

  • National Academy of Elder Law Attorneys
  • Accredited by the Veterans Administration
  • New York State Bar Association – Member of Elder Law and Trust & Estate Sections
  • New York County Lawyers Association
  • New York City Bar Association

OTHER ORGANIZATIONS

  • BerkeleyCarroll School – member of Alumni Advisory Board
  • Barnard Business and Professional Women of the Columbia Alumni Association

OTHER

  • Selected as Super Lawyer in Elder Law 2010 – 2017
  • Voted one of the Best Lawyers in America by Consumer’s Guide
  • Article on “Planning Ideas to Manage the Maze of Medicaid Eligibility,” featured in the February 2013 issue of “Estate Planning.”

Guardianships & Conservatorships

When a disabled child reaches 18 in NY, his parents can no longer make decisions for him. A Guardian and Conservator (GC) (who can be the parents) must be appointed to make decisions regarding the child’s welfare; to apply for benefits or to keep them in force, or to manage their money. This requires filings with the court, doctor’s report and reports from the people the court appoints to be certain assistance is needed. Once appointed C must account to the court at least every 3 years. We have handled numerous GC proceedings, uncontested and contested, requiring examination of witnesses, including doctors with differing opinions and family members with personal agendas.

Sometimes an elderly person develops psychological conditions such as Alzheimer’s and other forms of dementia, or illnesses, such as Parkinson’s Disease or cancer, which prevent them from using their good judgment. In such a case, if there is no agent appointed under a POA, or if the agent is not acting in the best interests of the person, a petition must be filed to appoint someone to make decisions for the welfare of the person (the Guardian) and to manage the financial matters of the person (the Conservator).

When a person names an agent under a POA, both the person appointing the agent and the agent can act. If the principal can no longer make good decisions or is being pressured by the agent to give away money or to live in an unhealthy environment, an unscrupulous agent may get control of the money and control the principal’s life. The appointment of a GC can relieve the agent of his responsibilities.

We advise the principal or their caring family members is these situations and bring the matter to court for a quick resolution.

The GC can be avoided through the use of carefully crafted trusts naming a trusted person as trustee.

Estate Planning

ESTATE PLANNING & ASSET PROTECTION require the combination of different areas of law: federal and state taxes, property law, estate planning, business entities, Medicaid, Social Security, and retirement benefits to mention a few. We represent individuals, their families, and privately-held businesses, and work with financial planners, bankers, accountants and insurance representatives to provide the appropriate plan to achieve our client’s wishes. Carefully designed health care directives, powers of attorney, Wills, revocable and irrevocable trusts and buy-sell agreements provide the route to your planning success.

Whether we review retirement benefits to determine the most favorable tax treatment based upon your desired distributions; examine income, gift and estate tax issues, including capital gains treatment of assets; or establish trusts, including Special Needs Trusts, to protect family members; or provide ideas for the distribution of assets involving blended families; our documents are individually formulated to achieve your goals.

EXAMPLES

  • We created a limited liability company to hold parcels of real estate which parents wanted to retain in the family, limiting when property could be sold, who can become a member of the LLC, and the rights of a spouse in divorce.
  • We designed the proper beneficiary designation for retirement benefits (IRA) and trust provisions to extend the distribution of the assets over the longest possible period of time.
  • We prepared a revocable living trust for the couple in a blended family so that each of them would be cared for during their lifetimes and the remaining assets of each spouse would be distributed to that spouse’s children.
  • We prepared a Will with a Special Needs Trust to protect a disabled grandchild so that the grandchild could continue to receive Social Security benefits.
  • We created a private foundation for a client who wanted the bulk of his taxable estate to be given to various charities; and established Charitable Remainder Trusts to provide income to a beneficiary and then distribute the balance to the client’s favorite charity.
  • We created health care directives for a client wanting a specific religious burial in Japan; and another for a client wanting only certain specific medical procedures used.
  • We engage in more sophisticated tax and estate planning when necessary to achieve the client’s goals, but always follow the guide to “Keep It Simple!”

Elder Law & Special Needs

When a disabled child reaches 18 in NY, his parents can no longer make decisions for him. A Guardian and Conservator (GC) (who can be the parents) must be appointed to make decisions regarding the child’s welfare; to apply for benefits or to keep them in force, or to manage their money. This requires filings with the court, doctor’s report and reports from the people the court appoints to be certain assistance is needed. Once appointed C must account to the court at least every 3 years. We have handled numerous GC proceedings, uncontested and contested, requiring examination of witnesses, including doctors with differing opinions and family members with personal agendas.

Sometimes an elderly person develops psychological conditions such as Alzheimer’s and other forms of dementia, or illnesses, such as Parkinson’s Disease or cancer, which prevent them from using their good judgment. In such a case, if there is no agent appointed under a POA, or if the agent is not acting in the best interests of the person, a petition must be filed to appoint someone to make decisions for the welfare of the person (the Guardian) and to manage the financial matters of the person (the Conservator).

When a person names an agent under a POA, both the person appointing the agent and the agent can act. If the principal can no longer make good decisions or is being pressured by the agent to give away money or to live in an unhealthy environment, an unscrupulous agent may get control of the money and control the principal’s life. The appointment of a GC can relieve the agent of his responsibilities.

We advise the principal or their caring family members is these situations and bring the matter to court for a quick resolution.

The GC can be avoided through the use of carefully crafted trusts naming a trusted person as trustee.

Probate & Settlement of the Estate

If someone dies with or without a Will and owns property in his own name with no designated beneficiary, the person named in the Will as the personal representative or executor, or the administrator (if there is no Will) must file with the Surrogate’s Court in NY to transfer the property to the proper person.

When there is a Will, there are time limits to file the Will, proper notice must be given to heirs, tax returns must be filed, and bills paid including the decedent’s final expenses and the costs of administration of the estate.

We can cut a path through through this quagmire when survivors are dealing with grief and need access to assets. Sometimes an estate tax return needs to be filed. This is a 35 page document requiring careful description of assets, valuation of assets and preparation of various schedules.

Our many years of experience can be brought to bear in resolving these matters, including assets in other states or countries and the location of family members who must receive notice or an inheritance.

Whether there is a Will or not, the surviving spouse and any minor children are entitled by law to a certain amount of property and funds. We apply for the benefits to ensure the spouse and children receive the most benefits. The amounts differ when there is a blended family. Another instance of planning beating fixing!