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Brian L. Miller

Giannasca & Shook, PLLC

Brian L. Miller

Giannasca & Shook, PLLC

Brian L. Miller

Giannasca & Shook, PLLC

Brian L. Miller is an attorney admitted in the states of New York and Connecticut and assists clients with various aspects of Elder Law, Estate Planning and Estate Administration. Mr. Miller represents his clients and their families with respect to Elder Law, Estate Planning (Wills, Trusts and Advance Directives), Medicaid Planning & Benefits, Probate & Estate Administration, Estate Litigation, Guardianships, Veterans Benefits and Real Estate Transactions.

Mr. Miller is a member of Elder Counsel and the National Academy of Elder Law Attorneys. He is also a member of the Elder Law and Special Needs Section and Trusts and Estates Law Section of the New York State Bar Association and the Trusts & Estates Section and Elder Law Committees of the Westchester County Bar Association. Mr. Miller is also a member of the Westchester County Senior Law Day Committee.

He received his Juris Doctor of Law degree, cum laude, from Pace University School of Law, and received his Bachelors of Arts degree from Syracuse University.

Firm Description

At Giannasca & Shook, PLLC our attorneys provide Elder Law and Estate Planning services to meet the varied wishes and needs of our clients and their families. Each individual and their family present unique circumstances, and therefore personalized attention is given by our skilled attorneys to assess your circumstances and formulate a plan and course of action uniquely tailored for you.

Much of Elder Law and Estate Planning is about protecting and preserving the assets you worked so hard to accumulate, and transferring that wealth to your loved ones in accordance with your wishes.  But a knowledgeable Elder Law and Estate Planning attorney also takes a hands-on approach to plan for inevitable events such as advancing age and retirement, as well as the potential medical or long term care needs of you or someone in your family.   Our compassionate attorneys also take the time to understand the family dynamic and complex relationships that may exist within your family which we view as an indispensable part of proper planning.    Bottom line, we get to know you and your family and become your trusted legal advisor.  We ensure your financial, medical and legal wishes are carried out so that your family does not suffer the financial and emotional crisis that often arises from lack of planning.

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What Is an Elder Law Attorney?

Main Office

1 Barker Avenue
White Plains, NY 10601

2649 South Road
Poughkeepsie, NY 12061

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Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

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Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

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Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

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Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

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Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

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Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

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ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

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Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

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Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

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Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

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Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

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Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

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Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

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