Elder Law
IRENE V. VILLACCI: Attorney-at-Law, PLLC can assist you in all of your Elder Law matters including:
- Special Needs Planning
- Elder Abuse
- Housing Issues
- Estate Planning
- Kinship Care
- Mental Health Law
- Reverse Mortgages
Medicaid Planning
IRENE V. VILLACCI, Attorney-at-Law, PLLC can also handle all of your Medicaid planning needs including:
- Chronic Care, Administrative Appeals
- Medicaid Spenddown
- Medicaid Recovery from Estates
- Preservation of Assets
- Qualification
- Qualifying for Nursing Home Benefits
Estate & Probate
For estate and probate matters, IRENE V. VILLACCI, Attorney-at-Law, PLLC can meet your wealth planning needs such as:
- Avoiding Probate
- Guardianship
- Probate
- Advanced Directives and Powers of Attorney
- Estate and Gift Tax Issues
- Trusts
- Wills
You can trust IRENE V. VILLACCI, Attorney-at-Law, PLLC with all of your Elder Law, Medicaid Planning, and Estate & Probate planning needs. Contact us today!
Elder Law
Elder law is defined by the client to be served and their specific needs. That is, in addition to the legal knowledge to handle a wide array of concerns, an elder law attorney offers personalized attention by understanding the needs of the elderly. These needs can include an attorney that ignores the myths relating to aging and to the competence of the elder and that also understands the true physical and mental difficulties that can accompany the aging process.
With New York’s population aging, individuals and their families need to increasingly focus on advanced planning with regard to retirement and health care and living arrangements. This may also include finances, such as whether to consider a reverse mortgage for those that have little cash but wealth in their home. Legal matters of particular concern include disability planning, housing, insurance, elder abuse, mental health laws, wealth preservation, and kinship care, which is the care of adult children or grandchildren.
If you are looking for the personal attention offered by an experienced attorney that understands your needs, or the needs of your parents, let IRENE V. VILLACCI, Attorney-at-Law, PLLC help you.
Medicaid Law
Unlike Medicare which is an insurance program, Medicaid is an assistance program that serves low-income people of every age that are in a designated group. Under Medicaid, medical bills are paid from federal, state, and local tax funds. Whether you qualify for Medicaid can be confusing because the requirement thresholds include a consideration of your income, excessive medical expenses, and your assets and resources. Another consideration is whether to apply separately or with your spouse.
N.Y. Soc. Serv. Law § 366 provides the qualification and eligibility provisions for Medicaid. The first determination of qualification is to determine whether you are in a federally related category, which includes: children under the age of 21, adults over the age of 65, individuals that are blind or disabled, or families that have a single income household with a child under the age of 18. While you do not have to be in a federally related category in order to qualify, the resource and income limits are more generous for federally related categories. Once your eligibility category is determined, a review of your assets and resources is completed.
This review raises special Medicaid planning questions, such as:
- How can I protect my spouse from being impoverished?
- Can I transfer my family homestead to a child that has come home to assist my family?
- What if I have given gifts to my children before I needed Medicaid?
- Do I qualify for nursing home benefits, and if so, can my spouse stay in our home?
- When can Medicaid recover monies from my estate for the payment of medical expenses?
- What if I exceed the income limits but yet have family medical expenses?
If you need help determining whether you can qualify for Medicaid and the special issues confronted with asset preservation, contact IRENE V. VILLACCI, Attorney-at-Law, PLLC today.
Estate & Probate
Proper planning of your assets and wealth allows you to make sure that your needs are covered and that you can take care of the ones you love. A will is a document that details what you own, the value of what you own, and how you would like to divide that among the people you love or groups that you would like to contribute to. In New York, a valid will can be made by anyone at least eighteen years old and of sound mind and body. Two witnesses must sign the will. These witnesses must understand that it is a will and they may not be beneficiaries of the will. While it is not required that you seek an attorney’s advice to prepare your will, proper estate planning with the advice of IRENE V. VILLACCI, Attorney-at-Law, PLLC can ensure that the tax laws are used to your advantage and that the will is interpreted as you wish.
Estate planning offered by IRENE V. VILLACCI, Attorney-at-Law, PLLC extends far beyond a traditional will. It is a myth that estate planning belongs only to the ultra rich. Estate planning may include selecting a power of attorney. In New York, the springing power of attorney appoints an individual of your choice to handle your assets if you become incapacitated. This will allow someone to act on your behalf for the transfer and management of assets, dealing with the IRS, creating and amending trusts that you have set up, and making gifts on your behalf. Your estate planning may include plans to take care of minor children, such as creating a trust for their financial care and a guardian for their physical custody. You will also want to consider the probate process as you plan your estate. Probate is a public process of filing and validating a will in court, paying all the debts and taxes, and dividing up all the assets according to the will or New York law.
Other estate planning tools that IRENE V. VILLACCI, Attorney-at-Law, PLLC can help you prepare include:
- Life insurance policies or trusts
- Gifting cash or assets
- Payable on death bank accounts
- Joint tenancy agreements, which immediately transfer property on death
- Individual retirement accounts
- Living trusts and Complicated Wills
- Special Needs Trusts







