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New York Estate Planning & Elder Law Blog

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Estate Planning Challenges Faced by Unmarried Couples

Statistics show there are an increasing number of older individuals who are divorcing later on in life. There is also an increasing number of individuals who are discovering that living together as an unmarried couple has its advantages.    According to the United States Census Bureau, the number of unmarried…

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The Elements of a Successful Inheritance Trust

Creating a successful inheritance trust is not easy. In some situations even when a family believes that they have created a well-written inheritance trust, they have failed to address a number of complexities including those involving incompetency. This article reviews some of the elements that should be included in an…

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What Are Marital Trusts?: Lessons learned from Comptroller v. Taylor

An appellate court recently reversed in part and affirmed in part the judgment of the Court of Appeals concerning a decision by the Comptroller of the Treasury to include the value of a marital trust in an estate in a tax assessment. The trust contained qualified terminable interest property that…

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How to Deal with Out-of-State Assets in an Estate Plan

It is not uncommon in our region for people to own real property outside of New York State. Increasingly, people own other home or investment properties out of state and even out of the country. A will generally disposes of all of an individual’s assets. The rules are different however…

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Issues to Consider before Creating a Living Will

Creating a living will is one of the areas of the estate planning that many people overlook. These documents, which are also sometimes referred to as advance health care directives, describe what types of life-prolonging measure an individual would like if they are placed on life support.    Among other…

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