No one likes discussing their own demise. The topic is generally considered taboo amongst most people and is possibly the most uncomfortable conversation topic. This is unfortunate for everyone though, because if a person is unable to discuss their own death, chances are they are unwilling to plan for it…
What’s In a Name Depends on Who You Are. It Could Be Hundreds of Millions According to the IRS There has been an ongoing battle in recent years between decedents’ estates and the Internal Revenue Service (IRS). While it is only to be expected that the IRS attempt to…
One of the many goals of estate planning is to limit the amount of fighting that will occur once a person passes on, and there are many ways to achieve that goal. Often this involves making sure that all the proper requirements are observed when executing documents, careful drafting of…
In a previous post about healthcare and end of life decision making, we discussed the importance of the election of a healthcare proxy or agent. However, not everyone is able to make these advanced plans prior to an unexpected incapacitation. In June 2010, New York enacted the Family Health Care…
STATE SPECIFIC PROTECTIONS The current aggregate value of retirement assets in America is roughly $21 trillion, with individual retirement accounts (IRAs) amounting to the largest single investment asset. While many, if not most, types of retirement assets and accounts are protected against creditors, the IRA is not necessarily one of them.…
PROPOSAL TO MOVE BACK TO PREVIOUS TRUST LAWS As this blog discussed in the recent past, dynasty trusts are trusts that allow for a benefactor to pass wealth on to future generations via various legal mechanisms that allow a trust to carry on for literally hundreds of years, overcoming the…
AN IMPORTANT AND SOMETIMES THANKLESS JOB There are times in life when we all will have to do or engage in a thankless job. One such time is when a close friend or a family member asks you to be the executor of their estate. The difference between an executor…
SPRING CLEANING TIME MEANS CLEARING OLD PAPERWORK With tax day over and the need to collect and forward any number of financial and tax documents to the government and with the coming of spring, it is time to turn to spring cleaning. The question should be asked, what paperwork…
CHOOSING THE RIGHT PERSON AND STEPS TO TAKE As noted in a previous blog, being an executor of an estate can be a thankless job. There are ways, however, that can allow you to make the job and life of an executor easier and less painful. It is a…
RULE OF HALVES Many people find themselves going into nursing homes earlier than expected and without the appropriate planning. Things happen in life to derail our best laid or thought out plans. With more and more elderly Americans living longer, the need for nursing home care is increasing and will…