McConville Considine Cooman & Morin, P.C. is a full-service law firm based in Rochester, New York, providing high-quality legal services to businesses and individuals for over 40 years.  Our experienced lawyers handle transactions, strategize business opportunities, solve problems, prepare estate plans, negotiate deals and litigate disputes.  Recently, we have guided our clients through the many rapid changes brought on by this global pandemic, including estate planning, new paid leave requirements, and workforce reduction orders.  All of our attorneys are now working remotely to serve our clients: Click here

We hope that you and your families are keeping safe and healthy as we continue to navigate through the New York State PAUSE.

For estate planning purposes, we continue to be available via telephone, email, and videoconferencing (Facetime, Zoom, and Microsoft Teams) to discuss your estate planning needs. What has changed significantly is that on April 7, 2020, an Executive Order signed by Governor Cuomo began allowing remote witnessing of documents such as Last Will and Testaments and Health Care Proxies. We have developed a system of videoconferencing with two witnesses in order to witness and notarize your documents. Some key elements of the Executive Order are that the signed documents need to be sent electronically to the attorney that same day and then the original documents need to be sent back to our office so that the notary and witnesses can complete the documents. It is not necessary for in-person contact with this Executive Order, allowing your documents to be completed without worry of exposure.

For long term care planning purposes, not much has changed since our last message but the New York State Budget did throw some curveballs for Medicaid eligibility. First, if you receive or plan to apply for Community Medicaid, New York just instituted a 30-month lookback period for gifts for Community Medicaid. This will go into effect on October 1, 2020. Second, the rules have been relaxed with respect to attesting of assets, income, and gifting for Medicaid applications at this time. This means that the Medicaid office will not be reviewing five years of financial statements and will streamline the Medicaid eligibility process. We will still be requesting five years of documentation because we would not want a client to attest to that information without having the documentation to back it up. Also, there is an indication that Medicaid will be following up with the review of five years of materials at some point once restrictions are lifted so it is prudent to continue to collect all of the information.

For estate administration purposes, Monroe County Surrogate’s Court continues to accept emergency filings and appointments of Preliminary Executors in order to avoid loss or depreciation of assets. We continue to meet the needs of our clients who require fiduciary appointments for estate administrations.

We continue to be amazed at the spirit and sacrifices of our health care professionals, first responders, grocery store employees, and other people across many essential businesses.  We will forever be in your debt.

Contact us at MCCM regarding your estate planning, estate administration, and Elder Law needs.

MCCM Law
25 East Main Street, Ste. 400, Rochester, NY 14614
Main Phone Number:  585.546.2500
Main Fax:  585.546.7218