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When I just turned 17 years old, I was told I had tumors in both my ears and the only way to get rid of them was through surgery, which would inevitably leave me deaf and I would never be able to hear again. I went through with both surgeries and was left with minimal hearing. My journey from then on consisted of ignorant comments and serious discrimination in school, at work and in many other aspects of my life. A few years later I was able to obtain a cochlear implant and worked very hard to get through college. While in college, I began dating my ex, who had an older brother with special needs. During my relationship with my ex, my bond with his older brother grew stronger and he became my family. He inspired me to begin working in a group home setting with individuals with special needs.
While working with individuals with special needs, I was heartbroken with how poorly they were treated and how unlike myself, these individuals had no voice and could not advocate for themselves. I decided I wanted to go to law school so I can truly make a difference and advocate for those individuals who did not have a voice and could not advocate for themselves the way I could. During law school I also began working with the elderly population as well and experienced that just like with individuals with special needs they also did not have a voice to express their mistreatment. I became an elder law attorney to assist families with their elderly grandparents, parents and any individuals with special needs they may have through the most difficult times they will ever experience.
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Ensure you have an Estate Plan in place for you and your family.
Are you planning in advance for your long-term care?
Do you have an urgent need to provide care for yourself or your special loved one?
Do you have to help an incapacitated loved one?
Has a loved one recently passed away with assets?
Do you have an urgent need to provide care for yourself or your loved one?
Here are comments from our valued clients
Here are some awards and associations Jessica has received throughout her law school and law career.
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The government programs currently available to individuals with special needs have stringent eligibility requirements related to the health and financials of the person receiving those benefits. Our firm offers guidance to allow you the ability to leave assets to a child with a disability while keeping their government benefits intact with a supplemental or special needs trust.
In many states, the terms special needs trust and supplemental needs trust are used interchangeably. However, in New York, a special need trust specifically refers to a trust set up for a disabled person who already has his/her own assets, and a supplemental needs trust is set up for a person with disabilities by a third party such as a parent for such person. It is important to understand that when a special needs trust is established, the state requires that in the event the person with a disability passes away, there is a provision included that reimburses Medicaid for the benefits expended on behalf of that individual before the remainder can go to a third-party beneficiary. However, a supplemental needs trust does not require any payback provision and can be left to any third-party beneficiary you name.
In either case, it is extremely important to make sure that the trust meets the requirements of the government program(s) from which the disabled person currently benefits or is seeking benefits. If the trust does not comply with these requirements, the person with special needs (called the trust beneficiary) could lose his or her government benefit.
If you have questions or concerns about Estate Planning, please do not hesitate to contact our office to set up a consultation with our attorneys.
An Irrevocable Asset Protection Trust is a living trust agreement that you make with an individual you trust called your Trustee. Asset Protection planning allows you to protect and preserve your income for yourself and your assets for the individuals you designate while making you eligible for long term care services, such as nursing home and community home care services. Long-term health care is expensive, regardless of whether those services are provided in the home or in a nursing home. For many people with a home and some assets, utilize most if not all of those assets to pay for their health care.
By creating an Irrevocable Asset Protection Trust, you can qualify for Medicaid benefits while preserving your assets for your heirs. The purpose of this trust is to retain income for you while protecting the assets for your spouse, children or other beneficiaries should Medicaid be required to pay for long-term health care in the future.
If protecting your assets is important to you, the ideal time to plan your long-term care is at least five years prior to your anticipated need for care. For Medicaid purposes, nursing home Medicaid has a 5-year “look back” and Community Medicaid will soon have a 30 month “look back”. If you have established or transferred any assets within the “look back” you might not qualify for Medicaid Benefits.
Guardianship is a legal proceeding where an individual petitions to become the guardian of an individual‚ who is unable to handle their own affairs. That individual who is unable to handle their own affairs is known as the “Incapacitated Person.” A guardian is typically a family member or friend but can be a third-party nonprofit group or attorney. In order to become the Guardian, a Court must find that the incapacitated individual will likely suffer harm as a result of their incapacity and if this has been found than the Court can appoint a Guardian. Sometimes a guardianship is temporary‚ meant to help an incapacitated individual with a certain task. Other times, the guardianship is indefinite.
In New York there are two main types of guardianship proceedings that can be initiated under two separate statutes: the first type is called an Article 17A of the Surrogates Court Procedure Act (SCPA) and Article 81 of the Mental Hygiene Law (MHL).
Article 17A was enacted as a means to provide the parents of disabled children the ability to make decisions for them after they have reached the age of majority (18). Under the Article 17A guardianship, the individual must have a medical diagnosis including either an intellectual or developmental disability before the age of 22.
Article 81 was enacted as a means to protect individuals who have functional limitations completing and engaging in activities of daily living and would likely suffer harm as a result of this limitation. Unlike in Article 17A, Article 81 guardianships are narrowly tailored to the specific needs of the incapacitated person and cannot utilize broad catchall powers.
Finally, there is one final type of Guardianships called an Article 83 under the Mental Hygiene Law. This statute provides a means to the Guardian to be able to transfer the guardianship from one state (i.e. New York) to another (i.e. North Carolina) which has adopted the Uniform Guardianship Act.
Our seasoned attorneys at Klersy Law, P.C., offer caring and compassionate guidance through the complex court system and assisting you to make the best decisions for your loved ones needs. If you have questions or concerns about Guardianships, please do not hesitate to contact our office to set up a consultation with our attorneys.
The passing of a loved one is an extremely emotional and challenging time in anyone’s life. Our seasoned probate and trust administration attorneys at Trivella and Forte, LLP offer caring and compassionate guidance to alleviate some of the burden during these strenuous times.
The wishes of a deceased loved one cannot be followed until the Last Will & Testament has been admitted to probate. This means that the nominated “Executor” or “Executrix” must file a petition with the Surrogate’s Court requesting permission to be appointed by the Court and issuing “Letters Testamentary” to the Petitioner. Until a Last Will & Testament is admitted to probate and Letters Testamentary are issued, this means you are not able to collect or distribute any funds of the Estate.
Unfortunately, the probate process can take several months to several years to complete. Further, in New York State, you are required to keep the estate open for a minimum of nine months to allow any creditors the opportunity to file a claim to recover against the Estate. The named Executor or Executrix is required after being issued Letters Testamentary to marshal the decedent’s assets, pay the decedent’s debts, and ultimately distribute the decedent’s remaining probate assets to the decedent’s beneficiaries.
Our legal services include the following to help alleviate some pressure and provide guidance during these burdensome times:
Trust Administration works similarly to probate, except in most cases, the utilization and approval of the Court is eliminated completed. Trusts can continue on for many years during your lifetime or after your death depending on the complexity of your estate plan. Our team is here to counsel and guide the trustees or beneficiaries through any issues that may arise as a result, including but not limited to:
If you have questions or concerns about Estate or Trust Administration, please do not hesitate to contact our office to set up a consultation with our attorneys.
Estate planning is an important piece to ensuring a financial future for yourself and your loved ones. Estate planning is needed in advance of any emergencies to provide for your family and designate individuals to assist you in any financial or medical decisions on your behalf and protect your assets. If there is no estate plan in place, the courts ultimately decide who will help you should you become incapacitated, and your assets will be distributed in accordance with the laws of New York State.
Estate planning includes several different documents and goes way beyond simply getting a Last Will and Testament. A Last Will and Testament requires the beneficiaries to file a probate proceeding and it is extremely time consuming and can be very costly. While this document is still a very necessary document, many clients try to avoid using a Last Will and Testament in order to save time, money and maintain the privacy of the family.
Whether we have a client with minor assets or a client who it a multi-millionaire, we understand the importance of keeping our client’s estate planning documents up to date as our client’s enter into different phases of their lives. Without having at a minimum, a durable power of attorney, health care proxy, living will and last will and testament is alarming.
A durable power of attorney is one of the most important documents in a client’s estate plan as it appoints an agent that a client trusts to handle different aspects of his or her finances. Most durable powers of attorney include the basics to allow an agent to handle paying bills, talking with different institutions, but these documents must include additional powers to allow an agent to handle asset protection and Medicaid eligibility. Despite what many clients think, the standard form is insufficient to handle most of our clients’ needs.
Clients need a durable power of attorney to assist them in the event he or she becomes incapacitated. Without this document, our client’s family would be required to file through the Courts for guardianship which is a costly and lengthy process. We strongly encourage our clients to not only obtain this document for themselves but for children as they come into the age of majority to ensure the ultimate protection possible and ensure our clients have someone, he or she trusts to handle his or her finances.
A health care proxy is another very important document in your estate plan as it appoints an agent to handle your medical decisions in the event, you are unable to do so. Further, this document is also important because it allows you to express your wishes regarding certain medical care and again prevents your family from having to file for guardianship if you become incapacitated.
A living will is an end-of-life statement that declares your wishes regarding life-sustaining procedures in the event you are in an irreversible or incurable physical or mental condition with absolutely no chance of recovery. This is also an important document to have as it provides guidance to your health care proxy agent and allows that agent to follow your wishes.
A will is an essential part of any estate plan and is necessary to transfer your assets upon your death. A will controls any assets that are held in your name individually that do not have a joint owner or beneficiary designation attached to the asset. Further, this does not include any accounts held in the name of a trust. It is important that even in the event you have a trust, you also have a will in the event there are assets that were missed in your name individually.
A more sophisticated will is extremely useful as it allows for custom distributions and permits you to establish trusts for minors, spouses, in the case of divorce, and incapacitated persons so that assets do not pass directly to them and protects those assets for their use and enjoyment. If you die without a will, state law controls the disposition of your property and settling an estate without a will is more troublesome, costly, and often takes a lot longer.
A living trust is an agreement that you make either with yourself or someone you trust. The person who handles a trust is called a Trustee, and this individual manages the assets held in the trust. A living trust established during your lifetime, and you transfer most or all of your assets into it. With a revocable living trust, you have the ability to utilize the assets as if you held them individually and can be utilized whenever you wish. A trust can accomplish a number of things including but not limited to avoiding probate, protecting assets and provide for your wellbeing. A trust permits the trustee to manage your trust assets upon incapacity without Court involvement, and it also enables the trust assets to pass automatically to the trust beneficiaries without the need for a probate proceeding.
Further, unlike with your Last Will and Testament, this is a private written agreement that allows privacy within the family and reduces the lengthy and costly fees associated with the public Probate process. Finally, the trust also allows you to customize your distributions to protect the assets for your beneficiaries given various circumstances and permits you to provide detailed instructions for your distributions.
An Irrevocable Asset Protection Trust is a living trust agreement that you make with an individual you trust called your Trustee. Asset Protection planning allows you to protect and preserve your income for yourself and your assets for the individuals you designate while making you eligible for long term care services, such as nursing home and community home care services. Long-term health care is expensive, regardless of whether those services are provided in the home or in a nursing home. For many people with a home and some assets, utilize most if not all of those assets to pay for their health care.
By creating an Irrevocable Asset Protection Trust, you can qualify for Medicaid benefits while preserving your assets for your heirs. The purpose of this trust is to retain income for you while protecting the assets for your spouse, children or other beneficiaries should Medicaid be required to pay for long-term health care in the future.
If protecting your assets is important to you, the ideal time to plan your long-term care is at least five years prior to your anticipated need for care. For Medicaid purposes, nursing home Medicaid has a 5-year “look back” and Community Medicaid will soon have a 30 month “look back”. If you have established or transferred any assets within the “look back” you might not qualify for Medicaid Benefits.
The government programs currently available to individuals with special needs have stringent eligibility requirements related to the health and financials of the person receiving those benefits. Our firm offers guidance to allow you the ability to leave assets to a child with a disability while keeping their government benefits intact with a supplemental or special needs trust.
In many states, the terms special needs trust and supplemental needs trust are used interchangeably. However, in New York, a special need trust specifically refers to a trust set up for a disabled person who already has his/her own assets, and a supplemental needs trust is set up for a person with disabilities by a third party such as a parent for such person. It is important to understand that when a special needs trust is established, the state requires that in the event the person with a disability passes away, there is a provision included that reimburses Medicaid for the benefits expended on behalf of that individual before the remainder can go to a third-party beneficiary. However, a supplemental needs trust does not require any payback provision and can be left to any third-party beneficiary you name.
In either case, it is extremely important to make sure that the trust meets the requirements of the government program(s) from which the disabled person currently benefits or is seeking benefits. If the trust does not comply with these requirements, the person with special needs (called the trust beneficiary) could lose his or her government benefit.
If you have questions or concerns about Estate Planning, please do not hesitate to contact our office to set up a consultation with our attorneys.
New York Medicaid planning and application process can be a very complex and burdensome process for you and your loved ones. Seeking legal guidance from an experienced New York Elder Law attorney versed in Medicaid applications not only help you better prepare for the possibility of long-term care and protect your assets. But can also help navigate the complex rules of Medicaid and determine your likelihood of approval.
New York Medicaid planning and application process can be a very complex and burdensome process for you and your loved ones. Seeking legal guidance from an experienced New York Elder Law attorney versed in Medicaid applications not only help you better prepare for the possibility of long-term care and protect your assets. But can also help navigate the complex rules of Medicaid and determine your likelihood of approval.
Despite the common misconception, it is almost never too late to protect some of your hard-earned money. Even if you are already in a nursing home, we can usually help protect a portion of your assets and get your care covered by Medicaid.
If you have questions or concerns about Medicaid Applications, please do not hesitate to contact our office to set up a consultation with our attorneys.
I practice Elder Law, Medicaid planning, Nursing home Medicaid applications and community home care Medicaid applications, Guardianships including transfers between states, Estate Planning and Probate. I take pride on taking care of my clients as if they were my own family and ensures each client’s needs are met.
I received my Juris Doctorate from Touro College Jacob D. Fuchsberg Law Center in 2017. While in law school I worked as a student attorney in Touro’s Elder Law Clinic, the Suffolk County District Attorney’s Office and with Nassau Suffolk Law Services assisting victims of domestic violence and served as the Justice (president) of the Phi Alpha Delta Fraternity Touro Chapter.
I was the recipient of the academic achievement scholarship as well as the Honorable Joel K. Asarch Elder Law and Special Needs Section scholarship for her exemplary work with the Elder Law and Special Needs community. I was one of four students in my class to be accepted into the Pro Bono Scholar’s program, where I was able to take and pass the bar exam prior to graduation. Further, I received a Certificate of Appreciation for completing over hours during my law school career.
Prior to law school, I earned my Bachelor of Arts in Psychology with a minor in Therapeutic Recreation from St. Joseph’s College in 2014. I am licensed to practice law in New York State and is a member of the New York State Bar Association.
I practice Elder Law, Medicaid planning, Nursing home Medicaid applications and community home care Medicaid applications, Guardianships including transfers between states, Estate Planning and Probate. I take pride on taking care of my clients as if they were my own family and ensures each client’s needs are met.
I received my Juris Doctorate from Touro College Jacob D. Fuchsberg Law Center in 2017. While in law school I worked as a student attorney in Touro’s Elder Law Clinic, the Suffolk County District Attorney’s Office and with Nassau Suffolk Law Services assisting victims of domestic violence and served as the Justice (president) of the Phi Alpha Delta Fraternity Touro Chapter.
I was the recipient of the academic achievement scholarship as well as the Honorable Joel K. Asarch Elder Law and Special Needs Section scholarship for her exemplary work with the Elder Law and Special Needs community. I was one of four students in my class to be accepted into the Pro Bono Scholar’s program, where I was able to take and pass the bar exam prior to graduation. Further, I received a Certificate of Appreciation for completing over hours during my law school career.
Prior to law school, I earned my Bachelor of Arts in Psychology with a minor in Therapeutic Recreation from St. Joseph’s College in 2014. I am licensed to practice law in New York State and is a member of the New York State Bar Association.
Jessica M. Klersy is the founder and managing partner at Klersy Law, P.C. Jessica faced severe discrimination and pushback from educational institutions to provide her with reasonable accommodations to which she was entitled after losing her hearing at the age of seventeen. Fortunately for Jessica, she was an amazing advocate for herself, and she received ensured that she received the help she required. However, Jessica had numerous family members who had significant disabilities and were unable to advocate for themselves when they were discriminated against and mistreated by others. As a result of watching their suffering and feeling helpless to stop the discrimination and mistreatment of her family members, Jessica decided to enter law school to become an advocate for individuals with special needs and provide these individuals with the voice they needed to protect their interests.
One of Jessica’s many accomplishments during law school was her participation in the Touro College Jacob D. Fuchsberg Law Center’s Elder Law Clinic. In the clinic, Jessica assisted elderly individuals who did not have family and needed help with various aspects of their lives or who were mistreated by family members. It was in the guardianship documents that Jessica helped to draft and were ultimately submitted to the Court by a law professor that she advocated for their rights and ensured they received the proper care and protection of their hard-earned assets.
Jessica merged the knowledge she learned from her time at the Elder Law Clinic with her passion to advocate for individuals with special needs and the elderly and now continues to work with the Courts on guardianship matters. Further, Jessica extended her knowledge to assisting families with individuals with special needs to protect the assets their family members want to leave him or her with her extensive knowledge of third-party supplemental needs trusts which protects the individual with disabilities and the assets that their family members have left them.
Jessica understands that there are devastating implications if someone passes without having a trust, will, or worse becomes incapacitated without having the appropriate advanced directives in place. The results are disastrous on the families and result in the families expending excessive amounts of money to remedy the individual’s failure to procure the aforementioned documents. Jessica’s practice focuses on the protection of assets with properly drafted estate planning documents which prepares her clients for the unexpected. Further, Jessica understands the sensitive nature of elder law and special needs planning and utilizes a gentle approach in the explanation and implementation of each client’s individualized plan to fit his/her specific needs. Jessica has an innate ability to explain the laws in plain language to ensure that clients understand them. Jessica gives the clients at the Klersy Law, P.C. personal attention and she displays a great passion and sense of caring for them. Jessica is committed to providing quality legal services to each client and ensures each client’s needs are met.
Jessica received her Juris Doctorate degree from Touro College Jacob D. Fuchsberg Law Center in May 2017, and was admitted to the New York State Bar in June 2017 after passing the bar exam during her final semester of law school. Jessica also received a Bachelor of Arts degree in Psychology with a minor in Therapeutic Recreation from St. Joseph’s College in 2014.
Jessica is a member of the New York State Bar Association as well as an alumni member of the Phi Alpha Delta Fraternity-Touro Chapter. Jessica is also a Certified Court Appointed Court Evaluator, Guardian and Attorney for the AIP in Article 81 matters in Suffolk, Nassau, and Queens Counties. Jessica’s accomplishments include being a recipient of an academic achievement scholarship given to her by Touro Law Center, being the only recipient of the New York State Bar Association’s Honorable Joel K. Asarch Elder Law and Special Needs Section scholarship and being one of only four students in the 2017 Pro Bono Scholar Program at Touro Law Center, which allowed her to take and pass the Bar exam prior to graduating law school.
