Frequently Asked Questions

The adoption process involves several steps, including completing a home study, terminating the birth parents’ legal rights, filing an adoption petition, and attending a court hearing where the adoption is finalized.

There are several types of adoption, including domestic agency adoption, private adoption, stepparent and relative adoption, international adoption, and adult adoption. Each type has unique requirements and procedures.

A home study is an assessment of the prospective adoptive parents’ home environment, lifestyle, and readiness for adoption. It includes interviews, background checks, and home visits to ensure the child will be placed in a safe and supportive environment.

Birth parents have a limited time to revoke their consent to adoption, depending on state laws. After this period, consent is typically irrevocable, except in cases of fraud or duress.

The timeline for adoption varies based on the type of adoption and specific circumstances. It can take anywhere from several months to a few years, depending on factors like home study completion, legal requirements, and court schedules.

In an open adoption, there is some level of contact between the birth parents, adoptive parents, and the child. In a closed adoption, there is no contact or exchange of identifying information between the parties.

Yes, single individuals can adopt a child. Adoption eligibility depends on the individual’s ability to meet the legal requirements and provide a stable, loving home, regardless of marital status.

Adoption costs vary widely depending on the type of adoption. Expenses may include agency fees, legal fees, home study costs, and travel expenses, particularly in international adoptions.

Yes, stepparents and relatives can adopt a child through a simplified legal process, as long as the birth parent's consent or their rights are legally terminated. This process usually requires court approval.

Adopted children have the same legal rights as biological children, including inheritance rights, access to medical history, and the right to receive financial support and benefits from their adoptive parents.

International adoption involves adopting a child from another country. It requires compliance with both U.S. and foreign laws, which can make the process more complex and lengthy compared to domestic adoption.

An adoption attorney can guide you through the legal complexities, ensure all paperwork is completed accurately, represent you in court, and provide support throughout the adoption process to make it as smooth and stress-free as possible.

Estate administration is the process of managing and distributing a deceased person’s assets when they pass away without a will, known as dying intestate. It involves the court appointing an administrator to settle the estate according to state laws.

When there is no will, the court appoints an administrator, usually a close family member, to manage the estate. The administrator’s role is similar to an executor in probate, but they must follow state intestacy laws for distributing assets.

The process involves filing a petition with the court to be appointed as the administrator, notifying heirs and creditors, inventorying and valuing assets, paying debts and taxes, and distributing the remaining assets according to New York’s intestacy laws.

Without a will, assets are distributed according to New York’s intestacy laws. This typically means that assets go to the closest relatives, such as a spouse, children, or parents, depending on who survives the deceased.

Challenges include determining legal heirs, managing potential disputes among family members, and dealing with unplanned assets. The absence of clear instructions from a will can complicate the process and lead to delays and higher costs.

The timeline for estate administration varies, but it generally takes longer than probate due to additional court involvement. It can take several months to over a year, depending on the size and complexity of the estate and any disputes that arise.

To avoid estate administration, you can create a comprehensive estate plan that includes a will and, if appropriate, a living trust. Designating beneficiaries for assets like retirement accounts and life insurance can also help assets bypass the administration process.

While not legally required, having an attorney is highly recommended. An experienced estate administration lawyer can help you navigate the complex legal process, ensure compliance with state laws, and resolve any disputes or challenges that may arise.

Probate is the legal process of proving the validity of a will and managing the estate of a deceased person. It involves verifying the will, settling debts, and distributing assets to beneficiaries.

In New York, probate typically takes at least seven months, but it can extend to a year or more depending on the complexity of the estate, will contests, and court backlogs.

If someone dies without a will (intestate), their estate goes through a process called estate administration. The court appoints an administrator to distribute assets according to New York's intestacy laws, which determine who inherits.

An executor is responsible for managing the probate process, which includes filing the will with the court, notifying heirs and creditors, inventorying assets, paying debts and taxes, and distributing assets according to the will.

Yes, probate can be avoided by setting up a living trust, designating beneficiaries for certain assets like life insurance or retirement accounts, and holding property jointly. These strategies allow assets to pass directly to beneficiaries without going through probate.

Probate costs can include court fees, attorney fees, executor fees, and other administrative expenses. These costs can vary based on the size and complexity of the estate and can reduce the overall value of the estate for beneficiaries.

If there is a dispute, such as a will contest or allegations of fraud, the probate process can become prolonged and complicated. The court will need to resolve these disputes before the estate can be settled, which may require mediation or litigation.

While it’s not legally required to have a lawyer for probate, it’s highly recommended. An experienced probate attorney can help navigate the complex process, ensure compliance with legal requirements, and address any disputes or complications that arise.

Estate planning is the process of making arrangements while you're alive for what you want to happen to your assets at your death. A good estate plan also takes into account what happens if you become ill or incapacitated.

Estate planning is important for everyone, regardless of how much money you have. It makes sure what you do have gets to the people you want to have it, allows you to designate beneficiaries, appoint guardians for minor children, and make important healthcare decisions.

While it's possible to create basic estate planning documents yourself, consulting with an experienced estate planning attorney in your state can ensure that your plan incorporates your loved ones as you intended, complies with state law and meets your specific needs.

Common estate planning documents include a last will and testament, a living trust, powers of attorney for finances and healthcare, and advanced directives (such as a living will).

If you die without an estate plan, state laws (intestacy laws) will determine how your assets are distributed, which may not align with your wishes or values. Your estate could also be subject to probate, which can be time-consuming and expensive.

Yes, you can and should update your estate plan periodically, especially after major life events such as marriage, divorce, birth of a child, or when you acquire new, substantial assets such as buying a home.

A power of attorney is a legal document that authorizes someone to act on your behalf in financial and legal or health care matters if you become incapacitated and unable to make decisions for yourself.

A living will is a document that specifies your wishes regarding medical treatment and life-sustaining measures in the event you become terminally ill or incapacitated and are unable to communicate your wishes. It ensures your healthcare preferences are respected.

Elder law is a legal practice area focused on issues affecting older adults, including estate planning, long-term care planning, Medicaid and Medicare, guardianship, elder abuse, and age discrimination.

It's never too early to start thinking about elder law planning, but it becomes particularly important as individuals approach retirement age and beyond, or when they anticipate changes in health or financial circumstances.

Seniors should have essential legal documents such as a will, powers of attorney for finances and healthcare, advance directives, and potentially trusts depending on their individual circumstances.

Medicare is a federal health insurance program primarily for individuals age 65 and older, while Medicaid is a joint federal and state program that provides healthcare coverage to low-income individuals of all ages, including long-term care coverage for eligible seniors.

Medicaid planning involves legally and ethically arranging assets and income to qualify for Medicaid benefits while protecting assets for spouses or heirs. It's legal when done correctly and within the guidelines established by Medicaid laws.

Community Medicaid is a program offered that provides long-term care services to individuals who are eligible and wish to remain living in their home or communities instead of receiving care in a nursing home or institutional setting. Community Medicaid typically covers a variety of services and supports that help individuals with activities of daily living and medical needs while allowing them to reside in their own homes or communities. This program varies significantly by state and an experienced elder care attorney should be consulted.

Institutional Medicaid, also called Chronic Medicaid or Nursing Home Medicaid, is a Medicaid program that provides healthcare coverage and long-term care services to individuals who require care in a nursing home or other institutional setting due to medical, functional, or cognitive needs that cannot be met in a community-based setting. Institutional Medicaid typically covers the costs associated with nursing home care, including room and board, medical services, assistance with activities of daily living, medication management, therapy services, and other necessary supports.

There are various legal strategies available to help protect assets from the high costs of long-term care, including Medicaid planning, long-term care insurance, annuities, and certain types of trusts.

Guardianship is a legal arrangement where a court appoints someone to make personal and/or financial decisions for an incapacitated adult (the ward) who is unable to make decisions for themselves. It may be necessary when there are concerns about an individual's capacity to make decisions or care for themselves.

Signs of elder abuse include unexplained injuries, financial discrepancies, emotional withdrawal, and neglect. If you suspect elder abuse, it's important to report it to the appropriate authorities, such as Adult Protective Services or law enforcement.

An elder law attorney can help seniors and their families navigate complex legal issues related to aging, including estate planning, long-term care planning, government benefits, guardianship, elder abuse, and age discrimination. They provide personalized advice and assistance tailored to each individual's unique circumstances.