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New York Estate Planning & Elder Law Blog

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The Residential Property Condition Disclosure Act and Estate Planning: Lessons Learned from Rickard v. Coulimore

In the recent case of Rickard v. Coulimore, the plaintiff purchased the subject residential real estate from a living trust. The plaintiff then initiated against the trust owners over damages connected to defects in the property that they had failed to disclose. The Oklahoma Supreme granted certiorari to assess an…

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Updates Made to State Voting Laws for People with Limited Capacity

Fewer rights are more fundamental than the right to vote in the United States. Unfortunately, many people take the right to vote for granted. People who face limited capacity or who are currently under guardianship, however, experience substantial challenges in regards to voting. Many states even restrict and some bar…

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Dobson Highlights Challenges with Medicare Part D Medication Coverage

On February 11, 2022, the appellate court for the 11th circuit reversed a decision by a lower court. The appellate court in Dobson v. Secretary of Health and Human Services held that Medicare must provide coverage for a beneficiary’s off-label use of a medication.  How the Case Arose The case…

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What to Consider Following the Increase in the Annual Gift Tax Exclusion

In 2022, the annual exclusion for federal Gift Taxes was increased to $16,000 per individual annually. Even though a near-universal acceptance exists that gift-giving can play an important role in estate planning, a person should consider various issues before making gifts. The way that gifts are made can have a…

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Geriatric Guidelines Suggest How to Improve Elderly Care

The substantial growth of elderly adults in the United States leads to more emergency room visits and complications from injuries and diseases. To meet this challenge, the Geriatric Emergency Department Guidelines were published in 2014 and later received support from several large medical organizations including Emergency Nurses Association and the…

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What Should You Do After a Loved One Passes Away?

When a person passes away, survivors almost always remember the need to take several important actions. Often, some of these actions are time-sensitive and must be performed within a narrow time window. Given the substantial emotional repercussion of losing a loved one, the process is often overwhelming and can even…

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Hidden Estate Planning Advantage to This Year’s IRS Filing

This year’s tax filing season has some hidden advantages. Amidst a backdrop of the Covid-19 pandemic and current tax laws, the Internal Revenue Service has predicted over 160 million Americans could start filing their federal tax returns at the end of January 2022. In regards to gift returns, this does…

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The Importance of Reviewing Digital Asset Estate Plans

The world has changed substantially over the last few decades including in regards to estate planning. Even if you have a detailed estate plan, reviewing and updating the terms of the estate plan as appropriate is still critical. Due to advances with healthcare, more people are living longer and understandably…

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