Elder law:
Elder law is a complicated area which combines many different aspects of law. At Silvagni and Como, our attorneys have extensive experience and have successfully implemented thousands of plans which have helped preserve the life savings of our clients.
A successful elder law plan must be comprehensive and the plan must include knowledge of New York’s complicated Medicaid system and the relevant laws dealing with Medicaid. An elder law plan must also include knowledge of the relevant federal and New York state estate, gift and income tax consequences of the plan along with knowledge of New York’s Surrogate’s Court process and related probate rules. Our attorneys are experienced in these areas and will consider all these factors in helping you achieve a successful elder law plan. Moreover, since real estate is often the most valuable and personal asset our clients own, we have experience in real estate law so that your real property can be protected as part of your elder law plan.
Our attorneys have extensive experience in drafting and executing numerous types of irrevocable living trusts and other documents needed to implement your elder law plan. The irrevocable living trust can begin the process of protecting and sheltering your property and assets from long term medical expenses, such as nursing home bills, while enabling you to qualify for Medicaid in the event you require long term care.
Often, clients will come to us in “crisis mode” when they or a loved one are in need of long term care. At Silvagni and Como, we can help guide you through the pitfalls with our comprehensive and patient approach and work with you to protect your assets and ensure your quality of life.
Medicaid applications for home care and nursing home services:
At Silvagni and Como, we can help guide you through New York’s complicated application process for Medicaid long term care services. Allow us to handle the Medicaid application so you and your family can focus on your medical and personal needs. We can assist you by preparing your application for both home care and nursing home Medicaid services. We can also help you preserve your income by applying for New York’s pooled income trust programs. In addition to filing the required paperwork, we will advise you throughout the process and develop a plan to protect and shelter your assets.
Estate planning/wills and trusts:
At Silvagni and Como, we can help develop an estate plan to help preserve your assets while ensuring that your ultimate wishes are carried out. We can help to develop a personalized estate plan for you based upon your specific financial and family circumstances.
We can help you to draft a last will and testament to help ensure that your wishes are in place at the time of your passing. The will is the most fundamental part of any estate plan but must be carefully drafted and executed in order to ensure its validity.
We can also draft trusts, both living trusts and testamentary trusts, to help preserve your estate and your wishes. Our trusts can be used to help minimize taxes, including estate, gift and income taxes. Living and testamentary trusts can also be used to ensure that a beneficiary who is disabled or has special needs, is protected in the event of your death or incapacity. If you are a parent with minor children, these trusts can also be used to help ensure that your estate is properly managed for the benefit of minor children in the event of your death.
Living trusts are also used to avoid a probate proceeding in court upon your passing. The probate process can be tedious, expensive and time consuming. Placing your assets in a living trust can avoid the probate process and allow your loved ones access to your assets without the need for court intervention.
There are many different types of wills and trusts available, and with our experience, we can develop a plan to draft the will and trust to fit your circumstances. Our attorneys have successfully drafted thousands of trusts and wills and we will work with you to develop a plan to fulfill all of your specific legal needs.
Estate planning/powers of attorney and advanced directives:
As part of our estate planning practice, in addition to developing a plan for your estate after death, we also plan for incapacity during your lifetime. A power of attorney is an important legal document which permits you to appoint a person whom you trust to make financial and legal decisions for you. This document often plays a critical part in the client’s elder law plan by allowing a trusted person(s) to protect your assets and manage the Medicaid application process in the event you are incapacitated.
A health care proxy and living will are documents which help ensure that your ultimate medical wishes are carried out in the event you are incapacitated.
This aspect of estate planning can avoid the need for a costly guardianship proceeding in the event of your incapacity while allowing your loved ones to maintain control of your financial and health concerns during difficult times. At Silvagni and Como, our attorneys have successfully drafted thousands of powers of attorney and advanced directives and we will work with you to develop a plan to fulfill all of your legal needs.
Estate administration and probate:
The death of a loved one is an emotional and traumatic event. Unfortunately, this mourning period is often complicated by the fact that loved ones may have to navigate the difficult and confusing probate process in surrogate’s court.
Our firm offers a full range of estate administration services, from the filing of the will through the final accounting, and we will guide you through the probate process. We will work with you to enable you to gain access to the decedent’s assets and finalize the decedent’s affairs efficiently.
Often overlooked in the probate process are the tax consequences to the estate and its beneficiaries after death. If you are an executor or trustee of an estate, we can guide you through the required tax filings, including federal and state estate taxes, fiduciary income taxes and the decedent’s final personal income tax returns. Furthermore, we can help minimize the impact of federal and state estate taxes and fiduciary income taxes on beneficiaries of estate through post mortem tax planning.
At Silvagni and Como, our attorneys have successfully guided numerous clients through the probate process and we will work with you from the inception until the end.
Contested wills and estate litigation:
It is an unfortunate fact that many emotionally charged disputes arise between family members and beneficiaries after a person’s death. These disputes can involve contesting a will and/or contesting an accounting filed by an executor or trustee.
If you are an administrator, executor or trustee of an estate, we can help defend you in any litigation which may arise as a result of your fiduciary position. Alternatively, if you are a family member or the beneficiary of an estate, we can work with you to ensure that your interests in the estate or trust are protected.
At Silvagni and Como, our attorneys have experience in all aspects of estate litigation and we work diligently to defend and protect your interests in the proceeding.
Real estate:
A person’s home and real estate are usually their most valuable and prized possessions. At Silvagni and Como, we can assist you in all legal matters relating to your real estate.
If you are selling or purchasing real estate, we can guide you throughout the entire process, from contract to closing.
As part of our elder law and estate planning practice, we can develop a plan to protect and shelter your real estate and minimize taxes while avoiding long term medical bills along with court and legal fees associated with the probate process.
If you are involved in a dispute concerning real property, we can defend your rights in all aspects of real estate litigation.
Italian speakers:
Giovanni Silvagni and Ida Como are both fluent Italian speakers and the children of Italian immigrants. We maintain strong ties to our Italian heritage and to the local Italian-American communities. We are active in many different Italian-American organizations and events throughout New York City and Long Island. We understand that as immigrants Italians and their children came to this great country and worked hard to save and earn their share of the American dream. We take great pride in assisting our Italian-American clients in an effort to protect and preserve their homes and assets.
We also maintain relationships with attorneys who practice law in Italy and can refer you to competent attorneys to protect your interests if you own property in Italy or are involved in any legal matters in Italy.
