Law Office of Stephen J. Silverberg, PC

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A client-focused law office focusing on areas of Estate Planning, Estate Administration, Elder Law, Medicaid Planning, Special Needs Planning, and Guardianships.

You Moved to Florida. Did New York Get the Memo?Many retirees believe that spending more than 183 days in Florida is all...
07/14/2026

You Moved to Florida. Did New York Get the Memo?

Many retirees believe that spending more than 183 days in Florida is all it takes to avoid New York State income taxes. Unfortunately, it's not that simple.

If you still own a home, condo, or other residence in New York, you could be exposing yourself to a costly residency audit—even if you've changed your driver's license, voter registration, and mailing address.

New York auditors increasingly examine:
✅ Cell phone location data
✅ Credit card transactions
✅ E-ZPass records
✅ Flight records
✅ Smart home activity

…and much more to determine where your true domicile is.
The financial consequences of getting it wrong can include back taxes, penalties, and interest.

Successfully establishing Florida residency requires much more than spending time in the Sunshine State. It involves properly structuring your real estate, updating your estate planning documents, shifting the center of your personal and financial life, and maintaining thorough documentation.

After more than 40 years practicing law in both New York and Florida, I've helped countless families navigate this transition with one coordinated legal strategy.

If you're planning a move—or have already made one—now is the time to ensure your estate plan and residency strategy will withstand New York scrutiny.

Read the full article and learn how to protect your wealth and legacy. https://www.sjslawpc.com/2026/07/14/you-moved-to-florida-new-york-didnt-get-the-memo/

Millions of families across America rely on Medicaid-funded home care programs to care for disabled children, aging pare...
06/17/2026

Millions of families across America rely on Medicaid-funded home care programs to care for disabled children, aging parents, and loved ones with developmental disabilities.

These programs allow people to stay in their homes and communities instead of being forced into institutions. They help family caregivers provide care while maintaining some financial stability and preserving their loved ones' dignity and independence.
Now those supports are being cut.

States are already beginning to reduce funding for Home and Community-Based Services, even as nursing homes face staffing shortages, long waiting lists, and ongoing challenges in providing quality care.

What's especially troubling is that home care is often far less expensive than institutional care. Cutting these services doesn't eliminate the need for care—it simply shifts vulnerable people into systems that are already struggling.

Many families are now facing difficult questions about how they will continue caring for loved ones if support programs disappear.

Author and Nobel Prize winner Pearl S. Buck wrote:
"Our society must make it right and possible for old people not to fear the young or be deserted by them, for the test of a civilization is the way that it cares for its helpless members."

I think we can do better.

Read the full post here: https://tinyurl.com/2a8wd5ur

Big changes are coming to ABLE accounts in 2026—and they could help millions of individuals with disabilities and their ...
06/02/2026

Big changes are coming to ABLE accounts in 2026—and they could help millions of individuals with disabilities and their families.

One of the most important updates is that the eligibility age is increasing from 26 to 46. That means many people who developed disabilities later in life—including veterans, accident survivors, and individuals diagnosed with conditions such as Parkinson's disease or multiple sclerosis—may now qualify for an ABLE account.

Why does this matter?

ABLE accounts allow eligible individuals to save money for disability-related expenses without jeopardizing important benefits like SSI and Medicaid. They can be used for housing, transportation, healthcare, education, assistive technology, and many other everyday needs.

These accounts provide something many families have struggled to achieve: a path toward greater financial independence while maintaining essential benefits.

If you or someone you love has a disability, the 2026 changes may create planning opportunities that simply did not exist before.

Read the entire post here: https://www.sjslawpc.com/2026/06/02/a-new-era-for-able-accounts-why-the-2026-changes-matter/

Questions about ABLE accounts, Special Needs Trusts, or disability planning? We're here to help.

A family spent years in court over a retirement account meant for 36 grandchildren—not because of family conflict, but b...
05/26/2026

A family spent years in court over a retirement account meant for 36 grandchildren—not because of family conflict, but because of beneficiary paperwork and retirement account rules.

The account grew from $1.2 million to $1.7 million while the inheritance remained stuck in limbo.

This situation highlights an important estate planning lesson: wills and trusts alone are not enough. Retirement accounts pass according to beneficiary designations and federal law, which can override estate documents.

As laws continue to evolve—especially with the 10-year IRA withdrawal rule—families should regularly review:
• Beneficiary forms
• Spousal waivers
• Powers of attorney
• Retirement account distributions
• Estate plan coordination

Proper planning today can help avoid unnecessary delays, taxes, and litigation tomorrow.

Read the full story and make sure your estate plan is aligned before problems arise. https://tinyurl.com/4czz2szc

Could Medicare finally make weight-loss medications affordable for seniors?Starting in July 2026, a new Medicare pilot p...
05/22/2026

Could Medicare finally make weight-loss medications affordable for seniors?

Starting in July 2026, a new Medicare pilot program called “GLP-Bridge” will allow qualifying seniors to access GLP-1 obesity medications for just $50 a month.

The program could help older adults dealing with obesity, heart disease, or prediabetes — but there are still many unanswered questions about long-term costs, insurance participation, and whether the program will continue after 2027.

Some important details seniors should know:
✔ Must already have Medicare Part D
✔ BMI must be 27 or higher
✔ Prior authorization is required
✔ The $50 co-pay does NOT count toward the Part D out-of-pocket cap

This may be a major step toward expanding Medicare coverage for obesity treatment, but it’s still only a pilot program for now.

Read the full article to learn who qualifies, how the program works, and what may happen next.
https://tinyurl.com/3cycnkhd

If you’ve already filed your 2025 income tax returns, you have accomplished an important financial milestone. With the d...
04/24/2026

If you’ve already filed your 2025 income tax returns, you have accomplished an important financial milestone. With the details of income, assets, deductions, and liabilities still fresh in your mind, this is an ideal moment to turn your attention to another critical component of your financial life: your estate plan.

From the perspective of an estate planning attorney, tax season provides a uniquely valuable opportunity to reassess not only what you own, but also how those assets are structured, protected, and ultimately transferred.

Estate planning is not a static exercise. It is a dynamic, evolving process that should reflect changes in the law, the economy, and personal circumstances. Failing to revisit your plan regularly can result in unintended consequences, including unnecessary taxation, family conflict, or the misallocation of assets.

Learn more https://www.sjslawpc.com/2026/04/24/done-with-your-taxes-estate-planning-should-be-next/

This year Passover and Easter holidays are within the same week, and so we are sending our best wishes to all of our fri...
03/31/2026

This year Passover and Easter holidays are within the same week, and so we are sending our best wishes to all of our friends, colleagues and family members.

Whether you are celebrating Passover, Easter or the Spring Equinox, we hope this holiday finds you surrounded by those you love and the joys of the spring season.

Spring holidays are centered on a message of hope for the future, a time of renewal and a time to clean out the leftovers from the winter that has passed and prepare for the coming of new growth.

While you are enjoying your family’s holiday traditions, we encourage you to think about the future and what plans you may have made for yourself and your family.

If we haven’t seen you or reviewed your estate plan in the last three to five years, we recommend having a conversation with myself or Scott to review your situation.

Estate planning is a lot of like dentistry. Few people enjoy going to the dentist, but most of us enjoy leaving the office at least once a year knowing that our teeth are super-clean and we’ve taken care of this task.

Estate plans have a longer shelf-life—about three or five years, notwithstanding any major life events. If you’ve had any large changes in your life, from selling a business to welcoming a new child, losing a loved one or getting married, your estate plan needs to be updated to be sure it still reflects your wishes.

If your spring plans include a thorough clean up after the holidays are over, we invite you to contact us to make an appointment to review your estate plan. You’ll feel great knowing it’s all taken care of.

We hope you enjoy your holiday gatherings and look forward to hearing from you soon.

Did you choose a Medicare Advantage (MA) plan during the open enrollment period and are disappointed with the coverage? ...
03/27/2026

Did you choose a Medicare Advantage (MA) plan during the open enrollment period and are disappointed with the coverage? The good news is the law is on your side. You have until March 31 to enroll in a different MA plan or return to traditional Medicare (TM).

The healthcare and insurance landscape has changed considerably. Healthcare costs are escalating, insurance companies are denying authorizations for necessary treatments, and prescription co-pays are increasing. MA plans change coverage every year or drop coverage in your area. The stakes are high. If you are disappointed with the coverage, you can make a change in the next few days. Here’s what you need to know

The law permits those who choose MA plans to switch to a new MA plan or drop their MA plan entirely and return to traditional Medicare during the Advantage Open Enrollment Period, which runs annually from January 1 through March 31. Once that change is made, it’s locked in for the rest of the year.

If you’ve encountered unexpected costs or access issues in the first few months of 2026, now is the time to make the change. Waiting could saddle you with a year’s worth of unplanned medical expenses or limited care options.

Switching to TM offers broader provider access and access to specialists and treatments without prior authorization. However, there are several issues you should consider. Traditional Medicare doesn’t cap out-of-pocket spending, but a Medigap supplemental plan helps contain costs.

While many states require underwriting and limit coverage for pre-existing conditions, New York allows enrollment in or switching Medigap policies without underwriting or higher premiums, regardless of age or pre-existing conditions. If you go to Traditional Medicare, you’ll need a standalone Part D to cover prescriptions.

Here’s the thing: most people pay the closest attention to monthly premium payments, but they’re really only part of the picture. What are the plan deductibles, copays, and maximum out-of-pocket costs?

For example, a plan with $0 premium sounds great, but if you require specialty medications or frequent care, you may find it costs you more than a plan with a $350 monthly bill. TM may provide better protection against larger medical bills. There are Medigap policies that eliminate copays.

Most MA plans have a defined provider network. If your doctor is out-of-network, you could face higher costs or have to change doctors. So before making any changes, make sure your preferred providers and healthcare networks are included in the plan. For those who live with chronic conditions, like heart disease or cancer, this is especially important. With TM, you can use any doctor who accepts Medicare.

Timing matters too. When you make a change, it doesn’t take effect until the first day of the following month. Waiting until the last minute could limit your ability to resolve issues, gather plan details, or have a smooth transition between coverage options.

The deadline is Tuesday so if you want to make any changes, review the costs, provider access, and prescription coverage to be sure your plan aligns with your healthcare needs for the coming year.

Earlier this week, I was pleased to serve as a featured speaker for a Continuing Legal Education (CLE) webinar hosted by...
03/11/2026

Earlier this week, I was pleased to serve as a featured speaker for a Continuing Legal Education (CLE) webinar hosted by HalfMoon Education. The program, New York Trust and Estate Practice for Paralegals, brought together a distinguished panel of attorneys to discuss the procedures, responsibilities, and best practices involved in New York estate administration.

My own presentation focused on the critical role paralegals play in New York trust and estate practice, particularly when administering estates through the New York Surrogate’s Court system.

Estate administration in New York is a deadline-driven and procedure-heavy process. Surrogate’s Court filings, documentation requirements, and asset management responsibilities require careful coordination and strong organizational skills.

Here's an important dynamic within estate practice I shared:

Attorneys strategize, while paralegals operationalize.

While attorneys focus on legal strategy and advising fiduciaries, paralegals handle the administrative and procedural work that keeps an estate moving forward. Their attention to detail and case management skills are essential to ensuring compliance with Surrogate’s Court requirements and avoiding delays.

Read the full article here: https://bit.ly/3Nv9rJC


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For years, attorneys practicing in New York’s Surrogate’s Court have navigated service of process rules that were increa...
02/10/2026

For years, attorneys practicing in New York’s Surrogate’s Court have navigated service of process rules that were increasingly out-of-step with how people actually communicate. While nearly every part of daily life—from banking to healthcare to court filings—has moved toward electronic and mail-based systems, service of legal papers in estate and trust matters remained stubbornly tied to personal service on New York residents, regardless of where they are located.

At the same time, service of legal documents to non-New York residents could be made by mail. We recently had a matter where a New York resident was out of state for the summer and had to hire a process server in the state to serve her. The cost was considerable and delayed the matter. If she lived in that state, postage was the only expense.

Recent updates to Surrogate’s Court Procedure Act (SCPA) § 307 now allows service by mail on New York residents. This brings Surrogates Court in line with all other courts in New York. It represents a meaningful modernization of how legal documents may be served in Surrogate’s Court proceedings.

These changes are welcome news for attorneys, fiduciaries, beneficiaries, and families. By permitting service through mail and, in certain circumstances, electronic delivery, the new rules reduce delay, expense, and frustration, without sacrificing due process or fairness.

These changes are practical improvements that brings Surrogates practice in line with all other courts in New York that have allowed service by mail for decades. The streamlines the process, while still protecting the rights of all interested parties.

Proper service is a fundamental requirement of due process. If service is defective, a court may lack jurisdiction, proceedings may be delayed, or decisions may later be challenged. But in the past, the rigid requirements of personal service often created obstacles that benefited no one.

Read the entire article here: bit.ly/406xZuY

Address

185 Roslyn Road
Roslyn Heights, NY
11577

Opening Hours

Monday 9am - 5pm
Tuesday 9am - 5pm
Wednesday 9am - 5pm
Thursday 9am - 5pm
Friday 9am - 5pm

Telephone

+15163071236

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