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New York Estate Planning & Elder Law Blog

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INHERITANCE RIGHTS OF ADOPTIVE CHILDREN

NOT CUT OFF FROM BIOLOGICAL PARENTS IN EVERY CASE It is not unheard of for adoptive children to seek out their biological parents and reestablish contact once they are old enough and understand the world much better. The drive to understand who your biological ancestors are, to know where they…

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PRE-PAID FUNERAL S IN NEW YORK

NEW YORK PROTECTIONS Many people are leary about purchasing a pre-paid funeral. This blog discussed some of the issues common to prepaid funerals. In 2002, the American Association of Retired People (AARP) issued a consumer “scam alert” warning people to preplan but not prepay for their funerals. Indeed, often this…

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THE GRAT – GRANTOR RETAINED ANNUITY TRUST – NOT JUST A TOOL FOR THE UBER WEALTHY

Grantor retained annuity trust (GRATs) are tremendous tools not just for the ultra wealthy, such as Mark Zuckerberg and the other founders of facebook, it is an estate planning technique that allows for a trust grantor to avoid paying gift taxes on the assets that they place into the trust…

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ADULT PROTECTIVE SERVICES VOLUNTARY DRAFT GUIDELINES

UNIFORMITY OF LAWS Many laws across the country are the result of non-profit civic minded legal entities. The American Legal Institute is perhaps the most well known of these groups. Not all laws are “laws” in the traditional sense. Some are written by these legal entities and the various states…

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GENERATION SKIPPING TRANSFER TAX

CLOSING PERCEIVED LOOPHOLE Congress created the generation skipping tax almost 40 years ago in 1976 and ushered in an age of increasing complexity for the tax code, always complicated and cumbersome, to fix a problem perceived at the time (and since) of avoiding taxable events by transferring assets to “several…

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UNDERSTANDING HEALTH SAVINGS ACCOUNTS

GOOD FOR CERTAIN SUBSET OF POPULATION A health savings account is another way to save your money, tax free, for an inevitable expense that everyone will have to face and deal with eventually. Unfortunately one of the variables of retirement is that you will never know how much you will…

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NOT JUST ANOTHER CELEBRITY ESTATE

ROBIN WILLIAMS UNIQUE ESTATE PLANNING GENIUS This blog discussed some of the aspects of Robin Williams estate in the past. Mr. Williams will be remembered for a long time due to his many accomplishments, with a long, funny, inciteful and compassionate comedic wit. While it seems fairly certain that Mr.…

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GERIATRIC CARE MANAGER

DISTANCE AND PROFESSIONALISM The New York Times ran an article on December 23, 2015 discussing the distance that the average American lives from their mother. As revealed in longitudinal study published in 2010, half of Americans live 18 miles or less from their their mother. As shown in the graph…

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INHERITING A ROTH IRA ACCOUNT

ROTH IRA ACCOUNTS ARE FUNDAMENTALLY DIFFERENT This blog explored the topic of inheriting an individual retirement account (IRA) in a previous blog. It is necessary to explore the topic of inheriting a Roth IRA, as a Roth IRA is fundamentally different from a traditional IRA. Some of the differences between…

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SPECIAL NEEDS, THIRD PARTY AND SELF SETTLED TRUSTS – WHATS WITH ALL THE NAMES?

LEGAL DISTINCTIONS THAT MATTER When a person applies for Medicaid eligibility there are many pitfalls that an unsuspecting or unsophisticated applicant can run afoul of. To help them retain the benefit of certain monies that they would normally have access to third parties or the applicant themselves can create a…

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