A large number of people in New York are curious about 529 college plans as the result of campaigns run by the state. Not only do 529 college plans provide tax advantages, they are also particularly helpful when estate planning is involved. Despite the benefit of 529 college plans, there…
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New York Estate Planning & Elder Law Blog
Death and Your Digital Identity
What happens to online accounts when you die? Digital identity is defined broadly and may include a person’s email accounts, online financial accounts, cloud accounts, digital music accounts, blogs, social networking identities, and digital files. Digital files are not limited to data files but also include photos, audio, and video…
Aging in Place Through Continuing Care Retirement Communities
Entering into a nursing home or other residential skilled care facility can be hard enough on a beloved older family member without having to worry about having to leave that facility and moved into another one. Unfortunately, this is a reality all too many seniors face these days as nursing…
NY Elder Law Estate Planning: Alternatives to Nursing Home Care
One of the biggest anxieties many Americans may face is entering into a nursing home or other skilled residential care facility at some point in their lives. Not only does residency in a nursing home mean less autonomy, but also potentially pay a tremendous financial price. Depending on the location,…
Centers for Medicare and Medicaid Studies Issue Guidance to States on Service
The Centers for Medicare & Medicaid Services (CMS) recently released a “Dear State Medicaid Director” letter highlighting ten opportunities for states to better serve individuals dually eligible for Medicare both and Medicaid. The letter states that these these opportunities are newly available to states through Medicare rulemaking or other CMS…
Can New York Probate Judges Reject Parts of a Last Will and Testament?
A last will and testament is an important legal document that tells our loved ones and the government how we wish for our estate to be apportioned to heirs and friends upon passing away. Although New York trust and estates law give testators wide latitude to decide what parts of…
IRS Issues Notice on ABLE Accounts
The Internal Revenue Service recently issued a notice to people with disabilities who are employed that for the first time they can now deposit extra money into their ABLE accounts without losing Social Security, Medicaid, or other government benefits. Annual contributions to ABLE accounts are currently capped at $15,000 but…
Understanding the Law: What are the rules for Medicaid eligibility?
With the skyrocketing costs of medical care and nursing homes, few people can afford to pay out of pocket costs to live in a long term care facility in their later years and most will eventually need to qualify for Medicaid to do so. Medicaid has essentially become the default…
Where Do I Start? Basics to Include in your Estate Plan
Every single person, regardless of how large or modest they may feel their assets are, needs to have a well thought out estate plan that covers three very basic planning instruments that will serve your best interests. Those three planning instruments include a durable power of attorney, a health care…
Yes, You Need One: Reasons for A Last will and Testament
Having a last will and testament is something that every single person needs to have, regardless of how substantial or modest they feel their estate may be. This because a last will and testament does much more than spell out who receives what part of an estate. A last will…