Providing quality legal services throughout Manhattan for 48 years
The Law Office of Robert Kruger handles all types of elder law and related matters, including guardianship for incapacitated persons young and old, wills, trusts and estate planning. Principal attorney Robert Kruger has more than 45 years of focused experience helping families throughout Manhattan in these areas. He has created guardianships for elderly incapacitated people and for disabled children and young adults and has been appointed guardian or co-guardian in many such cases. He has fought against elder abuse and financial exploitation of the elderly and disabled, and he is a co-founder of a not-for-profit corporation that helps protect disabled children whose parents are aging.
For his professional standards of conduct, ethics, quality of service and reliability, Robert has a well-earned reputation among his peers. He is AV Preeminent Peer Review Rated by Martindale-Hubbell, the highest recognition possible in the legal industry, derived through confidential assessments by practicing peers and judges.
Helping families plan for long-term needs through elder law, estate planning and guardianships:
Elder law is not a uniform area of practice. People age on a continuum, and as their needs change, the legal focus changes. Moreover, the agendas of seniors' families vary considerably. For example, not everyone is interested in Medicaid planning. While few people volunteer to make donations to the government, Medicaid is primarily a middle class issue, albeit affecting a very large middle class. The wealthy can often self-finance and are more vulnerable to adverse tax consequences than the middle class. Those whose assets and income are modest also do not necessarily benefit from Medicaid planning.
Some families are separated by distances and even continents. As the senior ages and declines, the younger generation is not on the scene and, therefore, not aware of the parent's decline. These situations often end in guardianship after a crisis, such as a fire in the kitchen or a large withdrawal of funds.
For many, the problem is how to protect a senior from himself or herself. We often recommend guardianships to deal with these issues because powers of attorney do not deprive the person signing a power of attorney (the "principal") access to assets. The cost of a guardianship is small compared to the cost of financial exploitation.
Eventually the problems of living come to an end and the focus shifts to problems of estates, wills and trusts. If the family was in conflict during the senior's lifetime, the conflict continues in a different forum. A deathbed will may have been prepared on the instructions of a relative and executed by a senior who was subjected to undue influence, generating a will contest.
More prosaically, an estate may simply need to be administered, funds distributed, bills and estate taxes (if any) paid. When this is complete, the continuum has come to an end.
Giving you the care and personal attention you deserve:
At The Law Office of Robert Kruger, we want to understand your problems and we want to help. We maintain open lines of communication with our clients because we understand that knowing what is happening with your case and being able to reach your lawyer is important to your peace of mind. From your initial consultation to your final resolution, we are dedicated to providing client service you can depend on.
232 Madison Avenue, Suite 909
New York NY 10016
A will (or a will substitute, such as a trust) is necessary in many cases, if only to do contingency planning.
Most people know who their primary beneficiaries and executors should be. But they are often stumped about what to do if a primary beneficiary or executor predeceases them. A will forces issues such as these to be considered:
-For persons who are childless, a will is particularly important. The childless sister who loathes her brother will nevertheless leave her estate to him if she has no will.
-How do we deal with a second marriage and children of the first marriage? Do we treat all children good, bad or indifferent equally?
-Will an estate become the property of your wife's second husband? A will can deal with these issues quite easily.
-To protect the spouse in a harmonious marriage, perhaps she should receive a share greater than the default share provided in the New York Estates Powers & Trusts Law.
-If a child dies before a parent, do the grandchildren inherit the share of the predeceased child? In trust? Will the daughter-in-law or son-in-law be trustee for her or his children?
A common use of a will is to place the share of a beneficiary who is too young, or too subject to the influence of another, or too irresponsible with money, into a testamentary trust, which takes effect only upon the death of the person making the will.
Wills are documents expressing one's deepest values and desires. Contingencies as those mentioned here usually make a will necessary.
-New York, 1964
-New Jersey and U.S. Court of Appeals, Second Circuit, 1966
-University of Pennsylvania, LL.B., 1963
-University of Pennsylvania, B.S., 1960
AV Preeminent Peer Review Rated by Martindale-Hubbell
-New York State Bar Association
-Executive Committee, Elder Law Section, 1997--
-Executive Committee, Trust and Estates Section, 2002--
-Chair, 1997-2004 and Vice-Chair, 2004, Committee on Guardianships and Fiduciaries, Elder Law Section
-Chair, Committee on Elderly and Disabled, Trusts and Estates Section, 2006
-Calvanese v. Calvanese 93 NY 2d 111 (1999)
-Weisler v. Metal Polishers Union, 533 F.Supp. 209 (S.D.N.Y. 1982)
-Tauber v. Lebow 65 NY 2d 596 (1985)
-Matter of Rosen, 296 A.D.2d 504, 747 NYS 2d 99 (20 Dept. 2002)
-Matter of Gershenoff, 2 Misc. 3d 847 (Sup. Ct. NY Cty. 2004, affd. 17 AD 3d 243 1st Dept. 2005)
-Author: "Physician-Patient Privilege under Article 81 of the Mental Hygiene Law," New York State Bar Journal, Nov. 1998, "Paying A Medicaid Lien After Cricchio v. Pennisi," New York State Bar Journal, Dec. 1997, "The Role of the Evaluator Under Article 81 of the Mental Hygiene Law," General Practice Quarterly of the New York State Bar Association, Spring 1996, Quarterly Columnist, Guardianship News, Elder Law Section, New York State Bar Association
-Faculty Member, Summer Seminars for Judges on Guardianship, White Plains Justice Institute, 2008
-Member, Board of Directors, 1983-1992, Vice President, 1988-1991 and Treasurer, 1986-1988, New York City Alzheimer's Association
-Member, Guardianship Advisory Committee, Office of Court Administration, 2008--
University of Pennsylvania