Burner Smith & Associates LLP

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(631) 941-2070Call Visit WebsiteVisit Website Map & DirectionsDirections82 Main StWesthampton Beach, NY 11978 Write a ReviewWrite Review

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Extra Phones: Phone: (631) 288-5612
AKA: Nancy Burner And Associates
Other Link: https://burnerlaw.com/contact-us
Categories: Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Divorce Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Labor & Employment Law Attorneys, Personal Injury Law Attorneys, Real Estate Attorneys, Social Security & Disability Law Attorneys, Tax Attorneys, Trust Companies, Wills, Trusts & Estate Planning Attorneys, Wrongful Death Attorneys

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Phone: (631) 941-2070

Address: 82 Main St, Westhampton Beach, NY 11978

Website: https://burnerlaw.com/contact-us

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Burner Smith & Associates LLP

Divorce
Premarital Agreement
You cannot disinherit a spouse unless there is a prenuptial agreement in place. New York law states that a surviving spouse has a right of election, that is, a right to receive the greater of $50,000 or one-third (1/3) of their spouse’s assets. That means that even though you might effectively “disinherit” your spouse by distributing probate and non-probate assets to your respective children, the surviving spouse can still
Guardianship
Our attorneys handle 17a and article 81 guardianship proceedings in every county. Guardianship proceedings involve serious civil rights issues and you need an experienced attorney.

Wrongful Death
Filing a wrongful death lawsuit: If you believe that the nursing home was negligent or acted recklessly in its care of your father, you may be able to file a wrongful death lawsuit. A wrongful death lawsuit seeks to hold the nursing home responsible for the damages caused by your father’s death, including medical expenses, funeral expenses, and other losses.

Severance Agreement

Real Estate Litigation
From the East End of Long Island to New York City, we are here to help our clients with real estate matters large and small. Please contact our team today to discuss the details of your situation.
Real Estate Transactions
While strength and certainty are central to our practice, so is compassionate, personalized service. We understand that many real estate transactions will have an important impact on families and communities here in New York. We strive to take a thoughtful, empathetic approach with each of our clients, so that the end result of your legal proceedings truly meets the holistic, personal goals that you want to achieve.

Personal Injury
- by or for the disabled individual from a personal injury settlement or inheritance to maintain the government benefits. Note that nobody should leave assets to a disabled individual who receives means-based government benefits based– any inheritance should be left in a third party SNT.
Social Security Disability
Means-based government benefits are public benefits that are only available when certain strict income and asset guidelines are met. In NYS, this would be Medicaid and Supplemental Security Income (SSI). Neither Social Security Disability Insurance (SSDI) benefits nor Medicare are means-based so an SNT may not be needed for such disabled individuals.
Medicaid Planning
This is why it’s so important to plan ahead of time, no matter your income level. An elder law attorney experienced in Medicaid planning is an incredible asset when putting together an Aging Plan. Our attorneys can guide you and your family through the twisting maze of Medicaid challenges.

Trusts and Estates

Estate Planning
A trust and estate attorney, often called a probate and estate lawyer, assists clients and their families with legal matters surrounding someone’s passing.
Wills
In order to contest a Will‚ one has to have legal “standing” to raise objections. This usually occurs when‚ for example children are to receive disproportionate shares under the Will‚ or when distribution schemes change from a prior Will to a later Will. In addition to disputes over the tangible distributions‚ Will contests can be a quarrel over the person designated to serve as Executor.
Trusts
The trustee of the Special Needs Trust cannot distribute funds directly to the disabled beneficiary. In-kind support and maintenance reduces the SSI benefit dollar-for-dollar up to a maximum of 1/3rd of the SSI benefit. Instead‚ the trustee disburses funds to third parties who provide goods and services to the disabled beneficiary.
Power of Attorney
How Covid-19 has made advance directives and the durable power of attorney crucial documents for people of all ages.
Probate

Bankruptcy
Tax Law
In New York State, an inherited IRA is not protected from the beneficiary’s creditors. This is a good reason to make a trust the beneficiary of a retirement account if the beneficiary has debt issues. However, the Secure Act eliminated the “lifetime stretch” available to adult children inheriting an IRA (except for a disabled child) so the proceeds of the IRA would have to be distributed within 10 years. If the amount of the IRA is substantial, this could pose serious tax issues, least limit the usefulness of the trust.

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