Justice David L. Henehan
Attorney-At-Law, LLB

Estate Planning/Elder Law

David L. Henehan is a member of both the Elder Law Section and the Trust and Estates Section of the New York State Bar Association.

involves conferences with clients to determine their wishes regarding Wills, Powers of Attorney and/or Health Care Proxies with Living Wills and then drafting and executing the appropriate documents.
there are two types of “living” or “inter vivos” trusts: revocable and irrevocable. Revocable trusts are used primarily to avoid the expense and delay of the “probate” process required for Wills. “Irrevocable trusts” are used primarily in connection with Medicaid planning (see below).
Medicaid Planning
may involve two types of gifting:
  1. where irrevocable gifts and trusts made at least 5 years before a person needs Medicaid long-term chronic nursing care assistance will not disqualify an applicant for Medicaid benefits after 5 years, and
  2. where irrevocable gifts and trusts may still be made within the 5 year period before the donor needs Medicaid assistance, provided there are sufficient liquid assets available to be converted into an income stream to pay the private pay patient rate for the disqualification period.
Medicaid planning for option #2 involves complex financial calculation and the creation of a gifting plan that will satisfy Medicaid regulations.

Estate & Medicaid Planning Legal Fees

Document Single Couple
Health Care Proxies/Living Wills $75* $100*
Revised Health Care Proxies/Living Wills
(if we prepared original document)
$50* $75*
Power of Attorney $175* $250*
Revised Power of Attorney $100* $150*
Revocation of Power of Attorney $50 + costs  
Living Trust $500 $500
Simple Will $175 minimum $250 minimum
Trust Will $250 minimum $350 minimum
Revise Trust Will $150 minimum $250 minimum
Revised Will/Codicil
(if we prepared original document)
$125 minimum $175 minimum
Pour Over Will $150 $225

*If more than two agents, add $10.00 per agent.

If work is done on an emergency/rush basis due to pending hospitalization or vacation, higher rates apply to all documents.

The above charges cover the basic fees for preparing and witnessing the above standard documents. To the extent that Estate Planning, including Medicaid planning, involves more extensive time and effort, fees for such services will be billed on a time basis currently at the rate of $215.00 per hour.

Additional services are available. Please inquire for more information.