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New York Estate Planning & Elder Law Blog

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LACKING IN MENTAL CAPACITY AND FAMILY, WHO DECIDES

On June 24, 2015 a trial Court in California invalidated a California law as unconstitutional, which created a default surrogate decision maker when that individual is mentally incapacitated and does not have a family member, or anyone else for that matter, to make key decisions for them.  The law and…

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WHAT OF MY ESTATE PLANNING IF MOVE TO ANOTHER JURISDICTION?

Say you live here in New York and made significant plans to avoid probate.   You have a will, own a business that you pass on and even set aside significant assets for your grandchildren. You worked hard to put your financial house in order.  Now you find out that you…

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CAN AN HEIR BORROW AGAINST INHERITANCE?

Perhaps your prodigal child wants to start a law firm or a medical practice and needs start up funding.  You have some money set aside for your children’s and grandchildren’s inheritance but agree to loan them the money out of this fund.  It’s not uncommon for these monies to be…

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DONATE MY BODY TO SCIENCE

Donating an organ or even a whole body for scientific study or medical education is a relatively common event, which permits a person with perhaps a rare or not well understood disease to contribute to medical science.  Even if the person passes without a disease or any unique characteristics, medical…

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INTELLECTUAL PROPERTY IN ESTATE PLANNING

Intellectual property is an umbrella term that includes several different specific areas of the law.  Trademark law, patent law, copyright laws and trade secret laws are all examples of intellectual property laws.  The constitution guarantees that the federal government has exclusive jurisdiction over patent and copyright laws.  Patent and copyright…

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Back to the Basics – Probate Administration

        The death of a loved one is an especially traumatic event. Lives can be upended and surviving family members and friends can be left feeling lost and confused about how to carry on. This is especially true when the death occurs suddenly or under tragic circumstances.…

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Health Care Power of Attorney Good Planning Tool for Seniors & Singles

News reports reveal that America is increasingly becoming a nation of single people. For adults navigating life solo, careful planning about who will make health care decisions on their behalf in the face of unforeseen, incapacitating illness is a smart decision, especially for singles who are childless, have minor children…

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Using Beneficiaries as Part of Your Estate Plan – Part II: Considerations

An earlier post on this blog provided an overview of using beneficiary designations as part of your estate plan. Recall that beneficiary designations are a way to transfer property automatically upon the death of the asset owner outside of the probate process. This post is part II of that discussion,…

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