FOR BREAKING NEWS VISIT WWW.QNS.COM JULY 15, 2021 • HEALTH • THE QUEENS COURIER 29
health
How to keep dangerous medications safe from kids
Prescription medications have
many benefi ts, including managing
Elder Law Minute TM
Facts about will contests
BY RONALD A. FATOULLAH, ESQ.
AND DEBBY ROSENFELD, ESQ.
If an individual dies (the “decedent”) with any
assets in his/her name alone, the heirs must go
through Surrogate’s Court in order to gain access to
these assets. If the person dies with a valid will and
the assets in his/her name exceed $50,000, probate
of the will is required. The executor appointed in
the will must engage in a formal process in order to
ensure that everything was done properly and that
the decedent’s wishes are fulfi lled.
In a probate proceeding, all the distributees must
be given notice of the individual’s death. A distributee
is any person who would have received a
share of the estate if the decedent died without a
will. New York (and every state) has laws of intestacy
which provide for how an estate is distributed
when someone dies without a will. For example, if a
widow with three sons dies without a will, the three
children are the distributees and they are each entitled
to a one-third share of their mother’s estate.
When all distributees are named as equal benefi
ciaries in a will, there is no problem and everything
ELDER LAW
can proceed smoothly. However, if a distributee
is excluded from a will, this can pose signifi -
cant problems.
If the widow mentioned above had a valid will
leaving her estate to two of her three children, the
excluded child would need to receive offi cial notice
from the Court. Further, the notice gives the excluded
child a road map through which he can contest
the authenticity or validity of the will. This does
not mean that the child will ultimately prevail. Very
few wills are overturned. However, he is given the
tools to cause signifi cant delays to the administration
of the will and a protracted probate proceeding
can also cost the estate a signifi cant sum of money.
One way to avoid this is for the person making
the will (the “testator”) to actually provide a lesser
amount for the heir in question and also include a
“no-contest clause” in the will. A no-contest clause
provides that if an heir challenges the will, he or she
will get nothing. A no-contest clause is also referred
to as an in terrorem clause and only works if one is
willing to leave something of value to the potentially
disgruntled heir. Many people erroneously leave
$1.00 to an heir they wish to disinherit. Other than
acknowledging that this person wasn’t inadvertently
omitted, there is no incentive in losing a $1.00
inheritance, and the disgruntled heir will have no
incentive not to contest the will. The testator must
leave the individual enough so that a challenge is
not worth the risk of losing the inheritance.
While a no-contest clause is helpful, it is by no
means a cure all. In New York, there are certain
things a disinherited distributee can do which will
not be considered “contesting” the will. The person
can question the witnesses and the draftsperson
and can still cause certain delays. If one includes
a no-contest clause in a will, one needs to ensure
that there are no mistakes and that there is no room
for ambiguity.
There are other more secure ways of avoiding
will contests. Consulting with an experienced estate
planning attorney is the best way to learn about all
other options and possibilities.
Ronald A. Fatoullah, Esq. is the founder of Ronald
Fatoullah & Associates, a law fi rm that concentrates in
elder law, estate planning, Medicaid planning, guardianships,
estate administration, trusts, wills, and real
estate. Debby Rosenfeld, Esq. is a senior staff attorney
at the fi rm. The law fi rm can be reached at 718-261-
1700, 516-466-4422, or toll free at 1-877-ELDERLAW
or 1-877-ESTATES. Mr. Fatoullah is also a partner
with Brightside Advisors, a wealth management fi rm
with offi ces in New York and Los Angeles.
This summary is not legal advice and does not create
any attorney-client relationship. This summary
does not provide a defi nitive legal opinion for any factual
situation. Before the fi rm can provide legal advice
or opinion to any person or entity, the specifi c facts at
issue must be reviewed by the fi rm. Before an attorney
client relationship is formed, the fi rm must have
a signed engagement letter with a client setting forth
the Firm’s scope and terms of representation.
RONALD FATOULLAH
ESQ, CELA*
pain, regulating chronic conditions,
preventing disease and
more. Despite numerous positives,
medications can be dangerous
to others in your household,
especially kids.
As routines have changed and
people are spending more time
at home, parents may be unintentionally
leaving medications
out and accessible to children.
Babies and toddlers may rattle
medicine bottles like a toy.
Curious kids may think the contents
inside are candy. Childresistant
caps aren’t enough, as
many children can open them
easily.
Every eight minutes a child
goes to an emergency room for
medicine poisoning, according
to Safe Kids Worldwide,
and three out of four ER visits
for medicine poisoning are
due to kids getting into parents’
or grandparents’ medicine.
Unintentional injuries including
poisoning are the leading cause
of mortality among infants and
children in the United States,
according to the Centers for
Disease Control and Prevention.
Research from the American
Association of Poison Control
Centers shows the vast majority
(90%) of poisonings occur
at home. Th at’s why it’s important
to look at how you use
medications in your household
and adopt safer practices that
include:
Never leave
medications out
When busy multitasking, you
may leave your medication out
on a counter or toss it in your
purse or backpack. Leaving it
out even for a minute could be
enough time for a child to access
and open it. Don’t leave medications
where kids can see them or
where they can easily be found,
such as in drawers, on nightstands
or in bags. If the medication
is for your child when they
are sick, never leave it in their
bedroom.
Store medicines
out of reach
Choose one storage location
for all medication that is out of
reach of children. Th is can be
anywhere throughout the home
that is high and out of sight. Get
in the habit of putting medication
back in its safe storage location
every time.
Use a locking container
Even though most prescription
containers have child-resistant
caps, children can fi nd ways
to open them. Consider using
Safe Rx Locking Pill Bottles to
secure medications. Th e convenient
portable containers require
a four-digit code aligned from
bottom to top to open. When
you are done, you simply replace
the cap and mix the numbers to
lock the bottle securely.
Talk with your children
Be honest with kids about the
dangers of taking prescriptions.
Adjust your conversation based
on your child’s age, stressing that
medications are only meant for
the person the doctor prescribed
them for and can be harmful
to anyone else. Tell them to
never take a medication without
checking with you fi rst and
if they fi nd any pills or bottles
to bring them to you right away.
Dispose of unneeded
medication properly
Check if your community has
a drug disposal program for
unneeded medications. Many
pharmacies off er take-back programs
as well to properly dispose
of unused prescriptions. If nothing
is available near you, dispose
of medications at home by mixing
the pills or capsules in a container
with an unappealing substance
like dirt or cat litter before
placing in the trash.
Th ese steps will help signifi -
cantly reduce the chances your
child will access your medication.
In case of emergency,
call poison control immediately.
Program the poison control
center at 800-222-1222 into
your home and cell phones. You
may want to add this number
on a sticky note or other label
in your medicine storage space
as well.
— Courtesy of BPT
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