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New York Estate Planning & Elder Law Blog

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NON-PROFIT REPRESENTATIVE PAYEES FOR DISABLED

GROWING NEED More ten million elderly Americans rely exclusively on their Social Security pension as their sole means of support. Approximately 90 percent of senior citizens receive some sort of income from Social Security and approximately half of those relied on Social Security for at least half of their monthly…

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ALZHEIMER’S ASSOCIATION RELEASES 2O16 REPORT

STAGGERING FIGURES The Alzheimer’s Association recently released its 2016 Alzheimer’s facts and figures report earlier this month with a long list of many facts and figures, as the reports name implies. While the Alzheimer’s Association produces and publishes its report yearly, the 2016 report highlights the personal financial impact that…

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AMERICAN BANKERS ASSOCIATION – SAFE BANKING FOR SENIORS

LARGE NEED TO REDUCE AND PREVENT FINANCIAL EXPLOITATION         The American  Bankers Association is looking to serve a large market that is only getting larger by the day.  At the same time, they are working to shore up the larger financial markets in a larger effort to prevent financial fraud…

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DIGITAL ACCOUNTS AND PLANNING

COMMON PROBLEM There is much talk lately of how to deal with email, facebook, twitter accounts, et cetera of people who pass away.  For those of us who have friends or family who passed away and see their facebook account send a reminder to all of their friends on their…

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SPECIAL NEEDS TRUSTS AND GOVERNMENTAL BENEFITS

CERTAIN LIMITATIONS ON SPECIAL NEEDS TRUSTS Last year a case out of the Western District of Massachusetts Federal District Court dealt with the interplay of a special needs trust and eligibility for certain governmental benefits that the special needs trust was supposed to address. The case of DeCambre v. Brookline…

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ANOTHER CELEBRITY PASSES WITHOUT A WILL

PRINCE APPARENTLY DID NOT HAVE A WILL The world learned recently that Prince joined the long list of celebrities who passed away intestate or without a will.  Some of the names on the list are surprising, others not so.  The Honorable Salvatore Phillip “Sonny” Bono, Michael Jackson, Howard Hughes, Abraham…

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MEDICAID TRANSFER AFTER ADMISSION TO A RETIREMENT COMMUNITY

THOROUGH PLANNING NEEDED IN ADVANCE This blog has discussed the necessity of proper and thorough planning to ensure a smooth transition into a continuing care retirement community.  This requires, among other things, that a person properly and legally transfer all of their assets, or a substantial portion of their assets…

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NEW YORK’S INTESTACY LAWS

As was outlined in the most recent blog posting, if you compare the costs and benefits of creating a will now versus passing away intestate, there is no doubt that the benefit is huge and the cost is small.  It is thus high time to explore New York’s intestacy laws…

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NEW IRS FORM TO REPORT BASIS

FURTHER CHANGES MAY BE NEEDED When a person receives an asset via the probate process, the transaction must be reported to the IRS, even if it does not trigger any tax liability as to the estate or the recipient.  This is because the IRS needs to track the basis of…

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DISABLED MILITARY CHILD PROTECTION ACT HELPS WITH SPECIAL NEEDS PLANNING

SPECIAL NEEDS LAWS HELP PROTECT THOSE WHO PROTECT US For those of us who come from families with many military members, we know the sacrifices and hard work that service members incur for their principles and belief that there are certain obligations in life that precede all else.  Unfortunately, until…

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