Monday, September 15, 2014

What is a Guardianship Proceeding?

Silver Alert issued 9/5/14 at 8:31 A.M. NYPD has issued a Silver Alert for the disappearance of John Smith, male, Hispanic, 68 years old, from East 205th Street and Grand Concourse in The Bronx. Mr. Smith suffers from Alzheimer's disease and dementia. He is described as 5'7" tall, 145 lbs., with gray hair. He was last seen wearing a white and green Polo shirt, tan khaki pants and black shoes. A photo is attached. If you see Mr. Smith, please call 9-1-1.

Have you ever seen one of these? Our phones and emails are full of alerts with disappearances of elderly people. They walk out of their apartments and don’t know where they are as they suffer from Alzheimer’s or dementia. Knowing that someone you love is out there and scared because they can no longer function properly can be frustrating and scary for the elderly person and his/her family. If their memory doesn’t work as well as it used to, how can they live from day to day, pay bills, remember to lock the front door? Luckily, there are procedures put in place to allow family to take control of the mentally disabled adult. Such procedures are called Guardianships.

An Adult Guardianship is where a person is chosen by the court to take care of an individual, who is not able to take care of himself. Such responsibilities may include making medical decisions, managing their property, paying bills and deciding where they live. It is the job of the court to decided who is best fit to take care of the person in need, what the guardianships responsibilities are going to be and to take away guardianship rights if the appointed guardian is not doing their job right.

If your loved one suffers from dementia or Alzheimer’s disease, it is in every party’s best interest to deal with an attorney who is certified in Article 81 (Adult) Guardianships, such as Attorney Inna Fershteyn, so that the incapacitated adult’s needs can be met as soon as possible by the best person possible. If you are interested in becoming someone’s guardian or have more questions, do not hesitate to meet with New York Top GuardianshipAttorney Inna Fershteyn.

Law Office of Inna Fershteyn
(718) 333-2394
1517 Voorhies Ave. Suite 4
Brooklyn, NY 11235

Monday, September 8, 2014

Estate Planning: What is a Living Trust and How Can You Benefit From It?





The Law Office New York Top Estate PlanningAttorney Inna Fershteyn provides details on estate planning, particularly in the area of trusts. What is a living trust and how can you benefit from it?

To avoid making estate planning mistakes, be sure to consult with an experienced attorney to decide which option is best suited for your individual situation.


Protect yourself and your assets from creditors. The Law Office of Inna Fershteyn and Associates, P.C. is a New York City law firm that represents residents from New York and New Jersey who need assistance in estate planning and other planning needs.




Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Avenue, 4 FL
Brooklyn, NY 11235
(718) 333-2394


Thursday, September 4, 2014

Is it legal for me to fire an employee who is pregnant?

Firing an employee BECAUSE she is pregnant is NOT legal. If you want to fire an employee because of her all around job performance and she just  happens to be pregnant, that is a different story. It is important to keep records of poor performance and complaints against this particular employee to show that their work is an ongoing problem since before the pregnancy was announced. Employees can turn around and say that you are discriminating against them because they are pregnant, if you have no history of issues filed against them.

If your employee is able to complete most her job functions on time, such as before, firing them because they are pregnant can prove to be a big problem. Still, under most circumstances it is the responsibility of the employer to reasonably accommodate the employee while pregnant. This may include giving the worker more breaks to rest or switching to less physical tasks.

Being accused of pregnancy discrimination is not a joke. Last year over 5,000 charges were filed claiming pregnancy discrimination and often ended in hefty lawsuits. If you are being accused of pregnancy discrimination in the workplace, or think you have been discriminated against while pregnant, call the Law Office of Inna Fershteyn to set up a consultation. 

Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Avenue, 4 FL
Brooklyn, NY 11235
(718) 333-2394
www.BrooklynTrustAndWill.com

Friday, August 15, 2014

How do I take care of my special needs child after I am gone

As a parent, taking care of a child is a responsibility that will always be with you. For parents with children who are mentally or physically disabled, there is a specific trust that can be set up to take care of your loved one after you have passed. This trust is called a Special Needs Trust (or Supplemental Needs Trust).

Many children with special needs require Medicaid assistance to make sure their medical needs are covered. However if you leave money directly to your disabled child, (over $2,000) he/she will be immediately cut off from government assistance.  In many cases the child, even if he/she has reached maturity, will not be able to manage funds by his or herself. You want your trust to serve as a supplemental source of income to your child in addition to government assistance, not as the only source.


Finding a knowledgeable Special Needs Estate Planning Attorney is your first and best line of defense in protecting your loved one in the case of your passing. It is important to remember that when you pass, leaving your assets to the trust and NOT your child is the better way to go about protecting your child. A Special Needs Trust can be constantly funded by yourself or others. Taking extra steps to make sure your child is financially secure after you are gone is one of the many ways to show your child that you care. If you are looking into setting up a special needs trust, contact our office for more information.

Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Avenue, 4 FL
Brooklyn, NY 11235
(718) 333-2394


Estate Planning | New York Estate Attorney Inna Fershteyn


11/11/08 New York Estate Planning Attorney Inna Fershteyn with Alexander Grant on Russian hit TV show, Contact, talking about 2008 tax laws. 


Attorney Inna Fershteyn addresses concerns regarding the tax laws implemented in 2008 and how they would affect estate planning. She also answers viewers' questions on how they can protect their property from such laws.



Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Avenue, 4 FL
Brooklyn, NY 11235
(718) 333-2394