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…
Articles Posted in Elder law estate planning
Understanding the Differences Between Revocable and Irrevocable Trusts
Adding trust instruments to your estate plan can help a surviving spouse and other beneficiaries have access to assets while the rest of the estate is wound up. Especially if there are young children or children with special needs ensuring continuity of financial security to survivors is at the forefront…
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…
Do You and Your Partner Have Identical Wishes Regarding Your Assets?
Some couples approach their estate planning lawyer seeking advice on creating a joint will. Generally, the estates lawyer will frown upon such a suggestion because in practice, joint wills are fraught with problems. A joint will can be created by a married couple and is a single will. A joint…
What are Long-Term Care Hospitals?
Despite the prevalence of aggressive, life-prolonging medical procedures, such as feeding tubes, ventilators, and dialysis, once a patient enters a long-term care hospital, L.T.C.H. for short, more than one-third of them will never return home. According to the New York Times, the median survival for such patients is 8.3 months.…
Caring for Parents with Dementia: Legal Considerations
Parents with dementia and other memory loss disorders, such as Alzheimer’s and Parkinson’s disease, present extraordinary challenges for the parent and adult children tasked with assisting them. Drafting a will, making health care decisions, and taking care of legal and financial matters are just some of the items that must…
Handling Digital Assets in Estate Administration
This is the last post on gifting digital assets. So far, we have examined digital assets generally and digital asset planning in the estate planning process and the business succession planning process. Today’s post will review how to handle digital assets in the estate administration process. Traditional estate administration process…
Probating an Estate Following a Loved One’s Death
Following the death of a loved one, most people would rather think of anything else than finances, assets in an estate, or something besides the memories of the person who passed away and left our lives. However, the time will eventually come when the person named as the executor to…
What your Estate Plan Should Include
Having a well through out, defined estate plan is one of the most important things we can do for ourselves and our families during our life. Without an estate plan, your assets may be thrown into the uncertainty of probate court and legal challenges from interested parties that may feel…
The Life-Changing Magic of Planning Your Estate
Marie Kondo, an organizing consultant, has taken the world by storm with her two-step approach to tidying up in her best-selling book, The Life-Changing Magic of Tidying Up: The Japanese Art of Decluttering and Organizing. First, she encourages people to one-by-one hold in their hands everything they own. Once in…