Trustees serve a very important role in the effective administration of a trust. The maker of the trust document, the grantor, gives another neutral third party, the power to administer the terms of the trust throughout the lifetime of the grantor and after, if the terms of the trust provide…
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New York Estate Planning & Elder Law Blog
Female Focused Estate Planning: Distributing Assets
Estate planning is vital for all people wishing to have control over the distribution of their assets following their death. Women, in particular, should take time to plan their estates. In the U.S., women control nearly 40% of the nation’s investible assets and nearly half of those assets are managed…
Female Focused Estate Planning: Parental Plans
Many single mothers often overlook estate planning. It can be easy to put off these important decisions. Life is busy and making plans for your demise is something that no one wants to make time for. Well laid estate plans are the greatest possible gift you can leave your family.…
Financial Elder Abuse: Warning Signs and How to Stop It
Elder abuse has been an increasing trend over the past few decades, within roughly one in ten Americans over 60 years of age experiencing elder abuse, whether it be financial, harassment, sexual, physical, or passive abuse through neglect or deprivation. Of the elders subjected to abuse, over 90% of those…
Back to Basics: How to Include Health Care in Your Estate Plan
For people who reach age 65, the odds of needing long-term care benefits during their lifetime are nearly 70 percent. People are living longer and in turn needing care in their old age. On average men require 2.2 years worth of care and women require 3.7 years. Preparing for this…
Back To Basics: Steps To Take Following The Death Of A Loved One
The passing of a loved one is not easy. The closer you were to the deceased the bigger a toll that it takes on you mentally and emotionally. You may experience anger, frustration, and numbness as you seek to process the passing. As you begin to contemplate what you must…
Types of Special Needs Trusts
There are three main types of trusts for special or supplemental needs. Each has their own specific purpose and use, and will apply differently for every party. First Party Special Needs Trusts The first party special needs trust was developed to be funded with assets owned by the trust…
The Insolvent New York Estate
The legal entity that owns and controls a person’s property after they die is known as an estate. The person who leaves behind an estate is called the decedent. It is customary for the decedent to appoint someone to administer the estate and act as the executor of the estate…
Special/Supplemental Needs Trust
Special needs trust are a type of trust by which the beneficiary is provided for through the trust income, but has no control over the distributions of the trust. Generally, special needs, or supplemental needs trusts, have been used to provide for those loved ones with disabilities or who are…
What Assets Go Through Probate In New York?
Probate is the legal process that takes place after a person passes away. It typically involves submitting a valid will to the surrogacy court in New York state, taking inventory of the deceased’s estate’s assets, paying off the estate’s liabilities and distributing the estate assets to the beneficiaries designated in…