The conventional wisdom is to wait and not claim Social Security benefits until you are over 66 (the full retirement age for individuals born between 1943 and 1954). Full retirement age is calculated by year of birth. To see what your full retirement age is click here, or review the…
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New York Estate Planning & Elder Law Blog
Trusts and Family-Run Government Contractor Companies
It’s a common tactic for families to utilize trusts to both own, control, and transfer ownership of family businesses. Among other reasons, these trusts help to achieve goals related to asset protection, tax savings, and estate planning. If your family-run business is also a government contractor, it is critical…
Estate Planning and Separate Property in New York
In the recent case of Leland House v. Webb, a husband initiated legal action against his deceased wife’s executor to quiet title of a property parcel. In response, the executor claimed that the transfer of the property was a gift rather than a sale. After the trial court ruled in…
Divorcees, You Could Be Owed Extra Social Security benefits?
The general consensus is that Social Security replaces around 40% of your pre-retirement income. The reality is that half of all single people depend on their Social Security benefits to replace close to 90% of their pre-retirement income, says the Social Security Administration (SSA). From the start, the only way…
Distinguishing Between the Types of Guardianship in New York
While most of us are familiar with wills, many people in New York are not certain about the role played by other estate planning tools like guardianships. In short, a guardian refers to a person who makes decisions for another individual, who is not able to make decisions on their…
How much can you receive in divorce benefits?
If you’re eligible for divorce benefits from the Social Security Administration (SSA), you can collect up to 50% of the amount your former spouse is eligible to receive by claiming your benefits at his or her full retirement age (FRA). Your FRA is either 66, 66 plus a few…
Are You Still Concerned About Your Child’s Spouse?
Estate planning around your child’s partner is concerning for many parents. Shielding your assets from your child’s spouse in the event of divorce is possible and can be a part of your estate plan. The reasons for wanting to shield your assets from your child’s spouse are varied and packed…
How Long You Can Expect Estate Asset Distribution to Take
Regardless of whether you’re an estate representative, executor, or have any other connection to an estate being administered, it is common to wonder how long the estate asset distribution process will take. In reality, there is no fixed amount of time that estate distribution takes. Instead, this amount varies between…
When Wills Aren’t Enough to Solve Estate Planning Disputes
It’s a common occurrence. A person passes away and the terms of a will require that assets be evenly divided among family members. The deceased, however, forget to mention how personal assets should be divided. As a result, conflict arises among surviving loved ones about how these items should be…
Advice on Discussing Long Term Care with Parents
It’s often the case that the most critical conversations are some of the most challenging ones to have. If you plan on discussing long term care with your parent or family member this year, it can help to be prepared. After all, this conversation will need to resolve many questions…