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Articles Posted in Estate Administration

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You Cannot Disinherit Your Spouse

New York law prevents spouses from being disinherited. Instead, a spouse who is disinherited may go to court and claim their “elective share” which is the greater of fifty thousand dollars or one-third of the estate. Questions often arise as what the “estate” of the deceased spouse consists of. Naturally,…

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A Quick Guide to Reverse Estate Planning

Estate planning relies on a countless number of assumptions. One assumption is that assets only flow in one direction: from older person to younger person. In reality, this does not always have to be the case. By making the most of some unconventional estate planning techniques, people can realize some…

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Understanding Special Administrators: Lessons Learned from In Re Estate of Jones

The South Dakota Supreme Court recently reversed a circuit court’s order denying a petition pursuing appointment of a special administrator to seek a wrongful death claim for a deceased man’s estate. The Supreme Court held that the circuit court abused its discretion in failing to address certain discovery motions before…

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What You Should Know About Family Education Trusts 

Planning for your children’s educational needs is a worthwhile goal. Fortunately, various options exist for satisfying this goal. A 529 plan can prove to be a powerful tool for paying tuition as well as paying for other education-related expenses while realizing tax advantages.    Following your death, however, no certainty…

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Recognizing the Challenge with Naming Minors as Beneficiaries

Understandably, many clients want to appoint children or grandchildren to receive their assets. Appointing a minor beneficiary directly to an account, however, can present its fair share of challenges. Unfortunately, clients often assume that the estate planning process is complete after they sign a will and trust. These individuals often…

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After the Covid-19 Pandemic: Making Sure You Have the Critical Estate Planning Documents

With the increasing availability of the COVID-19 vaccine and the rate of COVID deaths dropping in New York, it’s a good idea to be optimistic about what the future holds and to take some time to review your estate plan. While some people need to start from the beginning, others…

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Appreciating the Medicare Five-Star Nursing Home Rating System

One of the most important elder law decisions is picking the best nursing home. While this decision is often financially motivated, it’s also critical to find a facility that offers the best possible care to fit your needs. Unfortunately, not all nursing homes are capable of meeting everyone’s needs. To…

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A Simplified Power of Attorney:  Holding the “Short” Form Power of Attorney to its Name 

The crisis brought by COVID has served as a stress test for many of the laws and regulations effecting our nation’s seniors.  The power of attorney, a document that gives one person, the agent, the legal power to act for another, the principal, fills a dire need to put control…

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4 Pieces of Advice About Selecting an Assisted Living Facility

Assisted living facilities provide elderly individuals with a stepping stone between independent living and the more intensive care provided at nursing homes. Elderly individuals can receive assistance with things like cooking, cleaning, and hygiene at assisted living facilities while still maintaining personal independence.    Deciding whether your loved one would…

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Lessons Learned After IRS Proposes User Fee for Estate Tax Closing Letters

Executors as well as the personal representatives of estates can be held personally liable for either applying or distributing estate assets when there are unpaid estate taxes owed in case the Internal Revenue Service is not paid. When estate tax returns are not filed, the final amount of estate taxes…

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