When you create an estate plan, you face many decisions. One of those decisions will be how you should divide and distribute your property. You will spend a great deal of time deciding who will get what upon your death. One area that may need special attention is the distribution…
Articles Posted in Asset Protection
Avoiding Probate By Using Beneficiary Designations
In New York, there are several ways to distribute assets at your death other than through provisions in a will or trust. In fact, it is possible to dispose of many of their assets by using “beneficiary designations.” Pay On Death Accounts “Pay On Death” (POD) accounts (also called Transfer…
Back to the Basics: First vs. Third Party Special Needs Trusts in NY
Families throughout New York who have children with disabilities are frequently questioning how to best provide for their children’s needs–both now and in the future. It can be a complex issue, because relatives must balance their ability to provide help via their own private resources with available support through Medicaid…
Avoiding Senior Isolation: The Julie Harris Case
Elder law and estate planning often involve overlapping issues. This is not just because seniors are those in need of elder law support (like Medicaid planning) and also the one’s most likely to think seriously about estate planning. Instead, issues connected to securing proper senior care and thriving in one’s…
Is There a New Way to Test for Dementia?
It is a nightmare for many families. A senior shows signs of cognitive mental challenges–becomes forgetful and eventually is unable to live on their own. An adult child take control of the senior’s affairs in order to pay for bills and arrange for long-term care. But when the family member…
Reminder: More Estate Planning Opportunities for Couples After Windsor v U.S.
A JDSupra post from last month offers a helpful reminder of the changing legal landscape for New York same sex couples who are married. As virtually everyone knows, in late June the U.S. Supreme Court declared the main portion of the federal law known as the “Defense of Marriage Act”…
The 3 Generation Rule – Legacies the Last
You’ve built a nest egg after years of consistent work, prudent planning, strategic risk, a lot of focus, and a bit of luck. You want to retire peacefully and provide a legacy that will hopefully secure some degree of wealth for you family for generations to come. But what are…
When Powers of Attorney Go Wrong – Senior Fights to Save His Home
Elder law issues are complex and comprehensive. Many attorneys practice exclusively in this area, because the legal issues facing the nation’s growing number of seniors are very unique, encompassing many different matters, including securing healthcare, at-home support, inheritance planning, and more. Unfortunately, some try to use generic shortcuts to handle…
New Study: Marriage Boosts Retirement Security
Do I have enough to retire? Countless New Yorkers ask their financial advisers, estate planning attorneys, and other professionals that very question each and every day. There is no one-size-fits-all response, as retirement is a personal matter based on individual expectations, goals, and perspective. Mountains of pages have been written…
NAELA Journal Article on Future of Medicaid
It can can a confusing, scary, and stressful time for all New Yorkers who use the Medicaid system for necessary health care or for those who suspect they may need it down the road. Not a day goes by that news does not break at either the state or national…