Updated April 12th, 2008


Law Office of D. Victor Pellegrino
2627 Genesee Street, Utica, New York, 13501
Phone: (315) 733-0417    Fax: (315) 792-8075
Email:

"Protecting The Assets of Seniors and Their Families For Over Thirty Years"

Mission Statement:

Hello, my name is Dick Pellegrino and I would like to welcome you to my Estate Planning and Elder Law web site. The purpose of this website is to provide useful information about Estate Planning and Elder Law to the lay person in plain English.

The focus of my law practice is Elder Law, which covers:

• Planning a client's legal, tax and financial affairs in case a client has to enter a nursing home. I show clients how to qualify for Medicaid to avoid the client's life savings and home from being wiped out to pay for nursing home costs and uncovered medical expenses. Approximately one out of two seniors over 65 spends some time in a nursing home, which can cost approximately $7,000 a month.
  
• Recommending and helping a client implement a plan to legally protect the client's assets. I also prepare the Medicaid application and represent the client before the Department of Social Services with regard to the client's Medicaid application, if the client has to enter a nursing home. The client doesn't have to appear before the Department of Social Service, I take care of that for them.
  
• I also show the client how to protect the client's assets through the use of: the legal transfer of assets, Durable Powers of Attorney, Health Care Proxies, Living Wills, Revocable Trusts, Irrevocable Trusts, Supplemental Needs Trusts and avoiding the needless cost and delay of probate. Of course, if a person dies without having done any estate planning, I handle the probate and estate administration, including advising executors of their duties. Additionally, I advise beneficiaries and surviving spouses of their rights.
  
• Income tax, Estate Tax and Gift Tax Planning are also an integral part of the Estate Planning Process.

I hope you find the information that I have placed on this website useful. If you still have some questions, please feel free to contact my office and ask for a free office conference.

I am also available to speak at no cost to senior citizen groups or other clubs or community organizations in central New York on the subject of Estate Planning and Medicaid Planning To Protect Assets From Nursing Home Costs and Uncovered Medical Expenses.

I also conduct free training sessions for CPA's, financial planners, stock brokers, insurance professionals, social workers and other professional service providers to seniors who want to become familiar with estate planning strategies.

You will notice that my website doesn't have all of the bells, whistles and glitz you will find on many law firm's websites. I do believe you will find that I have useful information on my site that will help you better understand the topic of estate planning. I am a sole practitioner. If you call the office, my wife Vicki will answer the phone. Kristi Houseman is a dear friend, who has worked with us for many years. We offer the personal attention and caring that many of our clients want. We are family here and we treat our clients like family. You won't be shuffled around to younger inexperienced lawyers when you work with me. You will work directly with me and I have 32 years of experience working with seniors and their children as an elder law attorney. You will find my other qualifications on this website.

Dick Pellegrino

I hope to hear from you soon.

Warmest personal regards

On February 8th, 2006, The President Signed A New Medicaid Law With Sweeping Changes To Estate and Medicaid Planning, The Deficit Reduction Act of 2005. - This Page contains the text of the House Bill on changes to the Medicaid look back period, penalty period calculation, use of annuities and transfer of assets. These changes require a complete review of your Medicaid and Estate Plan. 

What In The World Is Estate Planning. - This page discusses the estate planning process for the lay person who has no idea what Estate Planning is all about.

Estate Planning - How To Protect Your Assets From Being Wiped Out To Pay For Nursing Home Costs And Uncovered Medical Expenses.

The thirteen most frequently asked questions by parents and children who are trying to avoid family assets, including the family home, from being wiped out by nursing home costs and uncovered medical expenses. Medicaid eligibility rules for New York State are also discussed.

Durable Power of Attorney - New York State Form

This page contains a sample form for information purposes only of a Durable Power of Attorney under New York State Law. This form is not designed for use by the lay person, but should only be used after you have consulted an attorney who is knowledgeable in the area of Estate Planning. You are cautioned against using this form without competent legal advice and it is only presented here by way of illustration. You may not want, or need the extensive powers contained in this form to be conferred upon your agent with regard to your particular estate plan.

Health Care Proxy - New York State Form

This page contains a form for a Health Care Proxy under New York State Law. It is critical to designate a person of your choice as a Health Care Proxy to make medical decisions for you, if you are not able to make them for yourself. If you do not have a health care proxy, hospitals, nursing homes, physicians, etc. may require that a legal guardian be appointed by a court to make health care decisions for you. A guardianship proceeding is expensive, time consuming and may take the power to make your health care decisions away from you and your family and put it in the hands of a court appointed guardian. This page also answers frequently asked questions about Health Care Proxy Forms, Living Wills and Do Not Resuscitate Orders. It also contains a great link to the New York State Attorney General's End Of Life Guide. Check it out.  :)

Living Will - Form

This form is designed to allow dignity and individual choice as to what health care measures you want taken during your last illness, if you are in an irreversible unconscious condition with no hope of recovery. This page also contains a great link to the New York State Attorney General's End Of Life Guide. Check it out.  :)

Long Term Care Insurance - And How The New York State Robert Wood Johnson Long Term Care Insurance Project Works In New York State.

This answers some frequently asked questions on long term care insurance and how LTV insurance can be used to protect assets from being wiped out to pay for nursing home costs and uncovered medical expenses. The operation of the Robert Wood Johnson project in New York State is also discussed. 

  Increase in Federal Unified Credit for Estate Tax - Effective Jan 1, 2002.

This page discusses the unified credit for Federal Estate taxes which has been increased from $1,000,000 to $3,500,000, phased in over several years, with some words of serious caution as to whether the unified credit will actually be phased in as provided under the current law.

How To Use Wills And Trusts - To Reduce Your Estate Taxes.

This page is intended for parents and children who are trying to reduce or eliminate federal estate taxes on family assets at the time of death. It discusses the Federal and New York State Estate Tax: rates, unified credits, marital deduction, unified credit shelter trust, and irrevocable life insurance trust.

How to Use Grantor Annuity Trusts (GRATS) - To Reduce Estate Taxes in Large Estates.

This page is intended for those who clients who have multi million dollar estates and are interested in better understanding a Grantor Annuity Trust. The use of a GRAT is a rather complex estate planning tool but can produce significant estate tax savings.

How To Use An Revocable Family Trust - During Life In Estate Planning

This answers some frequently asked questions about the benefits of a revocable trust and how it can be used to manage your assets in the event of disability and to avoid the probate process, which is often expensive and time consuming.