54 The QUEE NS Courier • health • june 2, 2016 for breaking news visit www.qns.com ▶health The Elder Law Minute TM Prince’s Passing Highlights the Value of Making a Will By Ronald A. Fatoullah, Esq. and Jeffrey P. Gorak, Esq. As most people have heard, Prince Nelson, famously known as “Prince,” passed away on April 21, 2016 at the young age of 57. In many instances, following the death of a loved one, a search is conducted to determine whether the deceased individual (“decedent”) had a Last Will & Testament. In Prince’s case, it has been reported by his sister that he died without a Will, but this is still being investigated. The absence of a Will can complicate the administration of a decedent’s estate, because no person has been designated to manage his or her affairs following death. Further, when there is no Will, the ultimate benefactors of the decedent’s estate may not be the same persons the decedent would have chosen if he or she had prepared a Will. The preparation of a Will not only simplifies the administration of a decedent’s estate, but offers many other advantages as well. In its simplest form, a Will is a written set of instructions expressing an individual’s wishes for the elder law appointment of a person to manage his or her estate (i.e., an executor) and for the distribution of his or her property upon death. In New York, in the absence of a Will, certain family members of the decedent have priority over others when petitioning the court to be appointed as administrator. Of course, the person appointed by the court as administrator may or may not be the person the decedent would have chosen. Similarly, in the absence of a Will, state law determines who will inherit a decedent’s property, and, again, the outcome may or may not represent the decedent’s actual wishes. In Prince’s case, assuming that there is no Will, his sister and five half-siblings would each share one-sixth of his estate (according to Minnesota probate law), and no part of his estate will be shared with any charity even though it has been reported that he has generously donated to charities in the past. Aside from naming an executor and beneficiaries, there are many other important reasons to prepare a Will. For instance, parents of minor children can use a Will to nominate a guardian to take care of such children until they reach the age of majority in the event that there is no surviving parent. In the absence of a Will, that decision will be made by a judge, and, although the governing standard for designating a guardian is the child’s best interests, the individual chosen as guardian may not be the individual that the parent would have chosen. An additional advantage of preparing a Will is that it can be used to create trusts known as testamentary Trusts. While there are a number of testamentary trusts available to the creator of a Will, the two most commonly used are Minors’ Trusts and Supplemental Needs Trusts. A Minor’s Trust is a set of written instructions to an individual nominated as trustee, directing the distribution of property to the minor child upon the death of the creator of the Will. For example, a Minor’s Trust may direct the trustee to distribute one-third (1/3) of the trust property upon the child’s reaching each of the ages of 21, 25, and 30. Additionally, the Minor’s Trust may authorize the trustee to withdraw funds from the trust, in the trustee’s discretion, in between these stages of distribution (e.g., for college tuition). In the absence of a Will, the court will appoint a guardian to manage the minor’s inheritance. The guardian must, in most circumstances, apply to the court for permission to withdraw funds for the minor’s benefit. Moreover, the guardianship will terminate and the balance of the inheritance will be paid outright to the child once he or she reaches the age of 18. A Supplemental Needs Trust is a type of trust created for the benefit of a disabled individual—minor or adult—which, as the name suggests, supplements governmental entitlements, such as Medicaid. The main benefit of a Supplemental Needs Trust is that it does not impact the beneficiary’s eligibility for Medicaid because it is not the beneficiary’s property that is used to fund the trust. Most importantly, the balance of funds in the trust upon the death of the beneficiary does not have to be used to repay Medicaid, and the beneficiary can direct the distribution of this property in his or her own Will. However, note that if a disabled beneficiary receives an inheritance outright rather than through a Supplemental Needs Trust, that inheritance will disqualify the beneficiary from Medicaid. Prince’s passing presents another reminder of the importance of proper estate planning, which necessarily includes the preparation of a Will. As illustrated above, a Will is a valuable tool serving a number of functions, including the distribution of property; the nomination of an executor, guardian and trustee; and the creation of testamentary trusts. However, a Will is only as valuable as the skill of its drafter; therefore, it is imperative to have a Will prepared by an experienced elder care attorney. Ronald A. Fatoullah, Esq. is the principal of Ronald Fatoullah & Associates, a law firm that concentrates in elder law, estate planning, Medicaid planning, guardianships, estate administration, trusts, wills, and real estate. Jeffrey P. Gorak, Esq. is an elder law attorney with the firm. The law firm can be reached at 718-261-1700, 516-466-4422, or toll free at 1-877-ELDER-LAW or 1-877-ESTATES. Mr. Fatoullah is also the co-founder of JR Wealth Advisors, LLC. The wealth management firm can be reached at 516-466-3300 or 800-353-3775. ROnald Fatoulah, ESQ, CELA* Flushing has one of city’s highest hepatitis B rates: report BY ROBERT POZARYCKI [email protected] @robbpoz More than 100,000 New Yorkers are infected with hepatitis B, and a large number of those battling the liver disease reside in Flushing. According to a city Health Department report released this week, Flushing has the second-highest rate of hepatitis B cases in the city, trailing only Sunset Park in Brooklyn, which has 744.8 cases per 100,000 people. The Health Department indicated that Flushing has approximately 1,439 cases in the ZIP codes 11354 and 11355. This translates to infection rates of 567.3 per 100,000 people in the 11355 area and 329.2 per 100,000 people in the 11354 area. The report, based on data that the Health Department gathered between 2014 and 2015, was released in recognition of Hepatitis Awareness Month, a nationwide campaign dedicated to bringing public attention to the liver infections. Many people infected with hepatitis B or C are unaware that they have it and are not undergoing treatment for it; in many cases, they only realize they have the virus once symptoms appear. “It is now easier than ever to get tested and treated for viral hepatitis in New York City,” Health Commissioner Dr. Mary Bassett said in a statement. “We have made progress in identifying cases and connecting New Yorkers to treatment, but we must continue to work with communities across the city to dedicate more resources to addressing a disease that disproportionately affects communities of color and LGBT New Yorkers.” Hepatitis B is a liver infection that can be short-term for some people or may develop into a chronic condition, according to the Centers for Disease Control and Prevention (CDC). It is transmitted to people if they come into contact with blood, semen or another bodily fluid from an infected individual. The most common cases of transmission are the result of sexual intercourse or sharing used hypodermic needles; infected mothers may also pass on the virus to their children while giving birth, and the CDC found that 90 percent of children infected at birth develop chronic hepatitis. Those suffering from chronic hepatitis are at greater risk of developing the potentially deadly cirrhosis (a hardening of the liver) or liver cancer. The best way to prevent infection, according to the CDC, is to be vaccinated. In an effort to curb infection and help people detect and treat the disease, the City Council in 2014 funded hepatitis B and C service programs at various medical centers across the city. More than 2,400 people with hepatitis B or C were served by these programs in the 2015 fiscal year. The Health Department also has a Viral Hepatitis Program that links patients to health care providers for screenings and treatment. Text the word LIVER to 877877 to learn additional information about your risk of contracting hepatitis B and C. This is a 3D illustration of Hepatitis B virus on colorful background
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