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Estate Planning

Estate Planning for Minors

Estate Planning for Minors in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law,

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Estate planning at different ages
Estate Planning

Estate planning at different ages

Estate Planning at Different Ages At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law, wills, and

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Probate litigation
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Probate litigation

Probate Litigation: New York Probate Lawyer Dealing with the loss of a loved one is challenging enough without the added stress of handling their estate.

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Inheritance Dispute
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Inheritance Disputes

Inheritance Dispute Lawyer in New York Inheritance disputes can be highly complex and emotionally charged, particularly when family members are involved. If a loved one

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Will contest
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Will Contest

Will Contest Lawyer in New York Challenging the validity of a will can be a complex and emotional process. At Morgan Legal Group, located in

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Guardianship Proceedings
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Guardianship Proceedings

New York Guardianship Proceedings Guardianship proceedings are crucial in protecting the rights and assets of incapacitated individuals. In many cases, an incapacitated person may fall

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Accounting

Navigating Estate Litigation and Trust Administration in New York Estate and trust administration issues can be complex, especially when dealing with asset accounting and managing

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Estate Litigation Law
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Estate Litigation Law

Expert Estate Litigation in New York with Morgan Legal Group Estate litigation involves numerous challenges, particularly when you’re coping with the loss of a loved

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Trust Reformation
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Trust Reformation

New York Trust Reformation Lawyer Trust reformation is a complex process that involves modifying a trust to correct issues and ensure it aligns with the

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Spousal right of election lawyer New York
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Spousal Right of Election

Spousal Right of Election in New York Understanding the spousal right of election is crucial for protecting the inheritance rights of a surviving spouse. At

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Real Estate Partition Action
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Real Estate Partition Action

Real Estate Partition Action Real estate partition actions can be complex and emotionally charged, particularly when multiple parties own property and cannot agree on its

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Protection of Beneficiary Rights
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Protection of Beneficiary Rights

Protection of Beneficiary Rights Ensuring the rights of beneficiaries is a critical aspect of estate planning and administration. At Morgan Legal Group, located in New

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Fraudulent Transfer Attorney
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Fraudulent Transfers

Fraudulent Transfer Attorney in New York Cases involving fraudulent transfers and undue influence in estate law can be complex and emotionally charged. These situations often

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Contested Powers of Attorney
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Contested Powers of Attorney

Contested Powers of Attorney in New York A power of attorney (POA) is a crucial document that grants legal authority to another party (agent) to

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Estate Litigation
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Estate Litigation

Comprehensive Estate Litigation Services by Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

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Real Estate Litigation
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Real Estate Litigation

Comprehensive Real Estate Litigation Services by Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship,

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Fireworks laws NY
Estate Planning

Fireworks Laws

Understanding Fireworks Laws in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law, wills,

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Family Law
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Family Law

Comprehensive Family Law Services at Morgan Legal Group At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

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Divorce Practice
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Divorce

Understanding Divorce in New York Divorce is the legal dissolution of a marriage by a court. In New York, divorce can be complex, involving various

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What is Credit Life Insurance in New York 2024?
Estate Planning

What is credit life insurance?

What is Credit Life Insurance in New York 2024? At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship,

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Life Insurance and Probate
Estate Planning

Life insurance and probate

Life Insurance and Probate: Understanding the Connection At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder law,

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How to make good estate plans
Estate Planning

How to make good estate plans

How to Make Good Estate Plans in New York 2024 At Morgan Legal Group, located in New York City, we specialize in estate planning, probate,

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The Importance of Estate Planning in New York
Estate Planning

Importance of estate planning

The Importance of Estate Planning in New York At Morgan Legal Group, located in New York City, we specialize in estate planning, probate, guardianship, elder

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Maybe you do not know how you can protect pension from nursing home? It is possible through the establishment of an irrevocable trust. What is New York state nursing home assessment credit?  What does it do?  How can one claim the assessment credit? You will need to fill in  the IT-258  application form  to claim it back only if only you are a viable beneficiary.

The New York state nursing home assessment credit income is the one of the ways that can provide real money to the ones that require it. The nursing home credit can equal up to six percent of the base rate portions of assessment paid by an individual in a year. This kind of assessment is not allowed if the assessment is paid by a trust or any other entity other than the owner. The tax payers just have to find out of the credit that comes from the paying of nursing homes assessment. It is unfortunate to see that this credit is often overlooked and hence the taxpayer’s losses the money. Do you need to protect pension from nursing home? If you are using a public medical scheme such as the Medicaid, you are not eligible for Nursing home assessment credit. You can get a Medicaid planning attorney if you opt for the public way. The nursing home assessment credit is composed of the expenses paid.

CLAIMING OF THE ASSESSMENT CREDIT

The nursing home assessment credit can be claimed using different ways. In New York, the assessment credit can be claimed by the person that pays the assessment. This means the credit doesn’t have to be necessarily claimed by the person in the nursing home residency. An example is when a son pays the nursing home charges then he is the one that is entitled to receive the credit. This means if different people pay for the same person’s nursing home resident then the credit will be divided between them. In case the nursing resident assigns long-term care benefit then credit may be claimed for the amount of insurance benefits that stands for the assessment payment. It is however to be noted that the credit is not assigned to the amount of money paid directly to the nursing home by any health insurance policy that has public funds.

APPLICATION OF THE IT-258

For one to claim the credit they have to file for the form IT-258. The process is very simple and can be applied for using a document with only one page. The only difficulty arises when one has to file for the required amount on line one. The amount which is six percent rate portion of the assessment is usually separately spelt out on the billing statement. The assessment is different from the expenses paid at the nursing home for the care. The document spells out that the billing statement should show the amount assessed by New York State. In case the billing statement shows the expenses instead the person involved should contact the nursing home to access the New York state assessment amount that is eligible for the credit. This should also be done if the tax payer is unable to determine the correct amount. In New York the nursing home provide the information on the credit for the residence tax return via a letter or by giving the tax payer a statement that is comprehensive.

REFUNDING OF THE HOME ASSESSMENT

The nursing home assessment credit is refundable. This happens when the taxpayer’s credit exceeds the tax in a certain year. The excess is referred to as overpayment of tax and is refunded to the taxpayer.one of the insurances that is not refundable in New York is the long-term care insurance that is premium paid. It is not refundable to the user instead it is carried forward to the next year and is not utilized.

VALIDITY OF THE CREDIT

Since most of the time this type of credit is often overlooked the commissioner of taxation and finance ids obligated to inform the taxpayers of this kind of credit. The bill that spells this out was introduced in 2013. In New York this billing was cancelled earlier this year.  This comes untimely when the nursing home had just began to improve and educating people and taxpayers about this credit.  The tax advisors are also to follow suit and ensure that they educate their clients about the credit if they have loved ones in nursing homes.  With the finding out who is paying for the assets the tax advisors can help their client take advantage of the refundable client. Th taxpayers are also advised to ensure that they claim the credit before the three-year duration expires as this means that they also loss the money that is gained from paying the nursing home assessment.

ADVICE FROM THE TAX ADVISOR

People in New York do not file an individual tax return if there isn’t income filing obligations. It is however to be noted that if they are entitled to the nursing home credit they should consider filing without regards to the income. This will enable them to obtain the refund of the assessment. If they do not file then this means that they will lose their money that was used in the assessment. In case the taxpayer filled but did not obtain the refund of assessment they are required to make amends to claim credit. This will enable them to acquire the credit eventually. The taxpayers have three years to return the amends from the due date spelt out. They should also avoid the long-term care insurance as it doesn’t give this kind of credit.

FREQUENTLY ASKED QUESTIONS

What is the function of a nursing home?

This is a place for people who don’t need to be in a hospital but can be cared for at home.

What is New York state nursing home assessment credit?

For tax years beginning 2005, tax low section 606 allows a credit against the personal income tax for the amount of the assessment imposed on a New York residential health care facility pursuant to public health law section 2807 and paid directly by an individual.

Who is negligible for the NYS property tax relief credit ?

Home owners whose adjusted a gross income is less than $250,000 annually.

What is NYS nursing home assessment credit?

You are entitled to this refundable credit if you paid the nursing home assessment imposed on a NYS state nursing home.

Where can I find the amount on this assessment?

On the billing statement or other statements provided to a resident by the nursing home.

Is the NYS star credit retroactive?

If you pay the past due property taxes you can apply for the star credit through NYS and receive the credit retroactively.

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