Families are complicated. No matter how well intentioned, virtually all family histories include some situations, dynamics, and incidents that cause immense disagreement, tension, stress, and frayed relationship. Virtually all families have some level of “dysfunction,” and no family is perfect. Estate planning attorneys are acutely aware of this reality, as…
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New York Estate Planning & Elder Law Blog
NPR Story: Time to “Abolish” the Nursing Home
It is no secret that the country is aging. More Americans are retiring and drifting into their golden years now then ever before. What’s more is that there is not a similarly-sized generation, meaning the percentage of elderly individuals is rising sharply. All of this is leading many to evaluate…
Understanding “Portability” in Estate Planning
The last major piece of federal tax legislation was the American Tax Relief Act (ATRA). It was signed by President Obama on January 1st of this year and was passed in order to avert to so-called fiscal cliff (we went over that cliff a few months later anyway). The tax…
“Funeral Shopping” – The Basics
Last week Forbes dove into a topic that families give little attention until the task is thrust upon them: picking burial and funeral vendors. For obvious reasons, most of us have little direct experience evaluating different options for quality or negotiating to receive the best value. For starters, as the…
Back to the Basics: Understanding Medicaid Asset Protection Trusts in New York
The tremendous benefit of planning ahead for possible long-term care needs cannot be explained enough. The typical New York family is understandably most concerned about paying monthly bills, attending birthday parties, fixing up the house, and the thousand other activities that fill the day. Taking the time to think about…
Are “Stretch IRAs” Going to be Phased Out?
Structuring an estate plan to account for taxes can be a complex task. While state and federal estate taxes make up the majority of discussion about taxation, there are other issues to consider. For example, there are ways to structure disbursement of various assets–insurance policies, retirement accounts, and more–so that…
Comptroller Claims New York Medicaid Still Rife with Waste
News about potential fraud and waste within the New York Medicaid system keeps on coming. It seems as if every week there is a new allegations of practices which unnecessarily cost the state money in unnecessary Medicaid payments. With Governor Cuomo’s continued focus on rooting out problems with the system,…
Update: Gandolfini’s Estate Faces Huge Estate Tax Liability
Last week we discussed the recently unearthed will of former Sopranos star James Gandolfini. The document was filed with a Manhattan court late last month, with the actor’s assets being left to a wide range of people including his two children, wife, sisters, and several friends. Those earlier reports noted…
Adoption to Avoid Taxes — When Marriage Is Not Open to Same Sex Couples
The discrepancy in the law related to recognition of same sex unions may lead to some bizarre moves as part of an estate plan. That is particularly true when trying to avoid large tax burdens. For example, ABC News reported last week on a story out of Pennsylvania where a…
Federal Government Makes Push to Educate Public on Long-Term Care
It is no secret that the federal budget (and many state budgets) are stretched thin as a result of rising healthcare costs. Medicare and Medicaid obligations make up a significant piece of the pie which has grown in recent years. In fact, the push to expand public healthcare options as…