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Practice Area Listings

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Chapter Memberships

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Connecticut Chapter
Massachusetts Chapter
New York Chapter

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Committee Memberships

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Board of Directors
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Connecticut Chapter
Executive Committee
Finance Committee
Foundation Board of Trustees
International Committee
Massachusetts Chapter
Medicaid Planning Strategy Sub Committee
New York Chapter
Past President Advisory Panel
Public Policy Steering Committee
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Contact
Michael J. Amoruso, Fellow, CAP
800 Westchester Avenue, Ste. N-605 Rye Brook, NY 10573
(914) 253-9255
(914) 253-9162
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About the Practice
Biography
Michael J. Amoruso concentrates his practice on Elder Law, Asset Preservation, Estate Planning, Estate Administration and Guardianship. He is Past Chair of the New York State Bar Association ("NYSBA") Elder Law Section, a member of the Executive Committee and former Chair of the Legislation Committee and the Estate & Tax Planning Committee. From 2011-2015, he received an AV Preeminent Peer Review Rating by Martindale-Hubbell - the highest possible rating for both legal ability and ethical standards. Mr. Amoruso was chosen as a 2010-2014 New York Metro Super Lawyer for Elder Law. From 2011-2014 he was named one of the Top 25 Westchester Super Lawyers among all practice areas and was featured by Super Lawyers Magazine in 2013.
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Articles/Seminars

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Advanced Issues in Pre-Mortem Estate Planning 2019This session includes a discussion of the advice to give clients on advanced issues regarding wills, trusts, and durable general or financial powers of attorney as well as address the drafting of such documents.
Call for Board Nominations As a Member of the NAELA Board of Directors You Can Make a DifferenceOn behalf of the NAELA Nominating Committee, I invite you to consider serving on the Academy’s Board of Directors, or consider nominating a colleague.
In re Zwerdling2013 WL 4607257 (August 30, 2013) - Counsel Hired by Co-guardians Awarded Limited Fees From Ward’s Estate (N.J. App.)
President's Message: Connected for a Greater PurposeA decade ago, I was given the awesome opportunity to join the NAELA Board of Directors around the same time NAELA hired its first Executive Director — Peter G. Wacht, CAE.
The Impact of the Uniform Trust Code on Special Needs TrustsThis paper provides an in-depth analysis of the issues that are involved in the debate over whether the Uniform Trust Code (UTC) will negatively affect Special Needs Trusts (SNT's)
President's Message: Stronger TogetherEven before I joined the NAELA Board of Directors, it was my firm belief that a strong NAELA requires strong state Chapters.
Advanced Issues in Pre-Mortem Legal Planning (AELR 2018)This session includes a discussion of the advice to give clients on advanced issues regarding wills, trusts, and durable general or financial powers of attorney as well as address the drafting of such documents.
Promissory Notes: Drafting TipsThis webinar is based on two NAELA News articles, "Drafting and Using DRA-Compliant Promissory Notes", by Michael J. Amoruso, Esq., CAP And "Promissory Notes Do's and Don'ts," by Howard S. Krooks, JD, CELA, CAP
Annuity Policy: Consumer Protection Issues and Public Policy RecommendationsAnnuities have become one of the most popular investment choices of America's senior population, but also tend to be misunderstood by those who purchase them and even by those who sell them. Prepared by the NAELA Annuity Task Force.
President's Message: Make the Most Out of Your MembershipAs a NAELA member, you have access to an amazing community of elder and special needs law attorneys, a wide variety of educational opportunities, and the chance to support advocacy efforts that make a difference in your clients’ lives.
The Use of Qualified Settlements Funds, Qualified Assignments and SNT's in Physical Injury SettlemenInternal Revenue Code (I.R.C.) 104(a)(2) provides that the proceeds (except for punitive damages) from the settlement of a claim involving physical injury or sickness are not included in the taxable income of the plaintiff who receives these proceeds.
Decedent’s Change of Beneficiary Designation Substantially Complied with Requirements of Life InsuraThis case is an interpleader action filed by Fidelity & Guaranty Life to determine the beneficiary of a life insurance policy purchased by Martin Twist. Prior to his death, Twist submitted a beneficiary change request to Fidelity & Guaranty Life naming the Martin R. Twist Family as beneficiary of a life insurance policy. Twist, however, 1) omitted the word “trust” from the form, 2) signed the trust three days after submitting the change request, and 3) failed to provide the trust documents to Fidelity upon request. In the federal interpleader case, the trustee of the family trust and the trustee of the Hunter R. Twist Trust (the prior designated beneficiary) filed competing motions for summary judgment, claiming an interest in the proceeds.
Use of Spousal Impoverishment Rules and Refusal OptionsLearn how to maximize your client’s ability to qualify for Medicaid LTSS while directing the most assets consistent with your client’s wishes
DRA Crisis Planning StrategyAn overview of the rules, drafting suggestions, and tax considerations involving the DRA-compliant promissory note.
President's Message: The NAELA SpiritThirty years ago, NAELA was founded by a handful of attorneys who were brought together over a common desire to better serve seniors and those with special needs.
A Tax Tip Seniors Should Consider: Roth Conversion in 2010Coming in 2010, thanks to tax legislation enacted in 2006,1 all taxpayers, regardless of taxable income, will be able to convert a Traditional IRA whose earnings will be taxed, to a Roth IRA whose earnings are not taxed after a five-year holding period.
The Rise of the ElderlyIn order to inform and educate the legal community on the history and practice of Elder Law, Paul Sturgul wrote this article for GPSolo, a publication of the American Bar Association.
Advanced Issues in Pre-Mortem Legal Planning 2017includes a discussion of the advice to give clients on advanced issues regarding wills, trusts, and durable general or financial powers of attorney as well as address the drafting of such documents.
Representing Clients With Diminished CapacityThrough the presentation of actual case studies and current research and case law, this panel explores the practical, ethical, and legal issues involved in representing clients with diminished capacity in the Elder Law context. Specific topics include formal and informal assessment of client capacity, legal vs. clinical capacity, what is dementia, legal standards of capacity, attorney liability in representing clients with diminished capacity, public benefits representation of clients with diminished capacity, working with non-elder law attorneys regarding their clients with diminished capacity, application of the Model Rules of Professional Responsibility, Rule 1.14, 1.6, and 1.3 in representing clients with diminished capacity, role of the court-appointed attorney in guardianship cases, undue influence, mitigating and qualifying factors in affecting capacity, and ways to enhance capacity in clients.
Working Toward an International Convention on the Rights of Older PersonsIn early August 2011, the United Nations hosted the second session of the Open-Ended Working Group on Aging, charged with strengthening the protection of the human rights of older persons