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Expanded Estate Recovery

How does one define their estate? On April 1, 2011 the New York State Legislature has answered the question. Subdivision 6 of section 369 of the Social Services Law of New York has been amended to define an individual's estate as "all of an individual's real and personal property and other assets passing under the terms of a valid will or intestacy." The New York State Commissioner has also adopted regulations which expand ones estate to include any other property in which the individual has any retained life estates and interests in trusts, to the extent of such interests.

These changes directly affect the New York Medicaid recipient whose estate may be subject to a claim against it by the State of New York for the cost of medical assistance benefits provided during life. In light of these recent changes in legislation expanding estate recovery, it is now, more than ever, prudent for seniors to take the time to meet with an elder law attorney to review their estate plan.

Angiuli & Gentile, LLP, offers a free consultation in this regard. For more information please contact, Annamarie G. Gentile of Angiuli & Gentile, LLP at agentile@AGLawNYC.com or call 347-201-4447.

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Success Stories

  • A 43 year old ironworker who fell four stories and sustained injuries to his ankle while installing a staircase settled his claim for $1,500,000.00. The accident was due to the failure of the building owner and general contractor to provide a safe place to work.
  • A construction worker operating an asphalt roller settled his case for $525,000.00 when the edge of the roadway he was paving collapsed into a trench being dug by a subcontractor causing him to sustain injuries to his leg.
  • A 54 year old commuter settled his case against the NYCTA for $1,200,000.00. when he tripped and fell on a subway platform due to the pavement being in disrepair, causing him to fall forward and to strike his head on a train pulling into the station.
  • The estate of a 64 year old woman received a settlement of $425,000.00 after she was struck and killed by a speeding tractor trailer while crossing the street at the intersection of Richmond Terrace and Port Richmond Avenue.
  • A $1,200,000.00 settlement was reached on behalf of a 54 year old man from Staten Island, New York, who, while in the course of his employment as a bus driver, was rear-ended on the Garden State Parkway and caused to suffer injuries to his back and neck as well as a fractured rib and fractured pelvis.
  • A 47-year-old building superintendent who sustained injuries to his head and right side of his body due to a tripping hazard at his job site received a settlement of $300,000.00 from the electrical company performing work at the site.
  • A 43 year old construction worker was caused to sustain injuries to his back, shoulder and hand when the elevator he was riding malfunctioned and dropped 8 floors. He received $350,000.00 in the settlement of his claim against the building owner, maintenance company and elevator company.
  • The administrator of the estate of a 69 year old man who suffered stage four pressure sores while a patient at a Queens nursing home settled the case for $400,000.00 after the man died.
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Angiuli & Gentile, LLP
60 Bay Street, Penthouse Floor
Staten Island, NY 10301

Phone: 347-201-4447
Phone: 718-816-0005
Fax: 718-442-6408
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Staten Island, NY 10305

Phone: 347-201-4447
Phone: 718-816-0005
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