A trust is an important estate plan document. Other estate planning documents include a last will and testament and intestate succession. Every state has laws that determine who your heirs are and what proportion of the estate the heir is entitled to receive. Heir refers to blood relatives and…
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Back to Basics: Estate Planning 101, Part I
Creating a thoughtful estate plan is one of the greatest gifts anyone can leave their loved ones. It is important to update your will when major changes occur. These might include marriage, divorce, opening or closing a business, buying or selling real estate, or birth or death of an heir.…
Can Debt Collectors and Creditors Garnish My Retirement Benefits?
More seniors than ever are carrying high debt into retirement. Managing high debt simultaneously with managing the cost of daily living and medical care on a fixed income is a recurring problem in many households. The amount of debt burden has skyrocketed over the past decade. The National Council…
What to Do When a Loved One Passes (The Survivor’s Guide)
Settling an estate, after the loss of a loved one while grieving, is a difficult process. For the weeks and months that follow the funeral, handling the estate of a deceased individual may quickly overwhelm survivors. The steps outlined below provide a guide to survivors through this tumultuous time. …
Mistakes to Avoid When Establishing Trusts, Part 2
This is the last post in our in-depth series of trusts and why and how to include them in your estate plan. For prior topics, click here. We were last discussing common mistakes we see in the establishment of trust instruments. Our last post examined failing to fund the trust.…
Mistakes to Avoid When Establishing Trusts, Part 1
We’ve been examining adding a revocable (a/k/a living or inter vivos) trust or irrevocable trust to your estate plan. Trust instruments are an important part of your estate plan, particularly if you have a spouse and young children you wish to provide for upon your death. When mistakes are made,…
How to Deal with Out-of-State Assets in an Estate Plan
It is not uncommon in our region for people to own real property outside of New York State. Increasingly, people own other home or investment properties out of state and even out of the country. A will generally disposes of all of an individual’s assets. The rules are different however…
Safeguarding Estate Planning Documents
Clients call this law firm asking for a copy of their will or other estate planning documents because they cannot locate the original all of the time. Our first response is to tell them that if they cannot find the original document, then they do not really have a will.…
Opioid Crisis at Home: Rise in Elder Abuse Tied to Opioid Epidemic
This is the second post in a two-part series on the opioid crisis at home. Addiction, the subject of our first post, is not the only opioid-related impact on older adults. The following post will examine the rise in elder abuse tied to the opioid epidemic. I assisted a client…
Preventing Deed Fraud and Mortgage Scams
New York Governor Andrew Cuomo signed a group of bills intended to increase consumer homeowner protections. By press release, the Governor’s office announced three important improvements in an effort to strengthen homeowner safeguards and close loopholes to prevent deed fraud and mortgage scams. Unbeknownst to the homeowner, deed fraud…