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New York Estate Planning & Elder Law Blog

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Why Spendthrift Trusts Can be Important to Your Inheritance Plan

Spendthrift trusts are a type of irrevocable trust in which the grantor seeks to leave property or assets to a beneficiary, under the terms they outline, by which the beneficiary cannot alter, because they have no legal claim to the trust property. An irrevocable trust is a type of trust…

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IRS Allows Trust Modification Without Forfeiting Exemption

A Recent Private Letter Ruling By The IRS Concluded That A Modification To A Faulty Fiduciary Provision Did Not Result In A Loss Of The Trust’s Grandfathered Generation Skipping Transfer Exempt Status The taxpayer who submitted the modifications to the inter vivos trust for an IRS private letter ruling found…

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Arbitration and Nursing Home Contracts

In continued efforts to protect the rights of elders, The Department of Health and Human Services has passed a rule to further ensure that elders are not taken advantage of and have the right to decide whether they seek a trial or alternative dispute resolution measures when bringing a legal…

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The Danger of Unrestricted Bequests and Gifts

The Inheritance Left To University of New Hampshire By A Long Time Library Employee Was Spent In A Way That Raised A Few Eyebrows Longtime University of New Hampshire library cataloguer died last year at the age 77. As his final wish to the world he left the entirety of…

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IRS Rules Now Reflect Updated Same Sex Marriage Rulings

New Department of the Treasury and Internal Revenue Service Final Regulations Now Reflect Supreme Court’s Obergefell v. Hodges and Windsor v. United States Rulings On September 2nd, the final regulations that reflect the holdings of the Supreme Court rulings that upheld same-sex marriage laws around the country as well as…

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Estate Planning Measures for Unmarried Couples

According to the 2010 Census, over 7.5 million unmarried couples or 15 million people, live together, a sharp increase from the 3.2 million unmarried couples living together in 1990. This increase in cohabitation has been attributed to a number of different factors, including increased living costs, decisions to marry later…

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What You Need To Know About Multinational Estate Planning

One of the more unique present day aspects of estate planning comes from the very mobile and connected nature that many people who need estate planning have. Many people will not just move across countries for their jobs but across borders. Globalization has brought the world closer together but added…

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How to Disclaim Inheritance

Claiming inheritance upon its distribution is something that many individuals welcome and conversely is the source of many family disputes. There are many reasons why someone may want to refuse their bequest however, in a process in estate planning referred to as disclaiming inheritance. Some beneficiaries seek to disclaim their…

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Estate Planning – Learning From Gene Wilder

2016 will undoubtedly go down as an infamous year of celebrity deaths and the unfortunate passing of celebrities continue. The world lost one of its funniest men this past August: Gene Wilder, star of Blazing Saddles, Willy Wonka and the Chocolate Factory, Young Frankenstein and The Producers. He continued to…

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The Emergency Preparedness Rule

The Centers for Medicare and Medicaid Services finalized a rule recently in light of the most recent natural disasters in Louisiana that compromised the safety and well being of many Medicare and Medicaid beneficiaries throughout the affected area. Unfortunately, this rule came as a direct response not only to the…

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