Every day, a countless number of people are exposed to sudden and unexpected emergencies. For people who do not have estate plans in place, these events can create very serious problems. Unfortunately when these events occur, a large number of people lack adequate estate plans. If you die without…
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New York Estate Planning & Elder Law Blog
Lessons on Emergency Guardians from Gavin v. Loeffelbein
At the end of March 2019, the Pennsylvania Supreme Court heard the case of Gavin v. Loeffelbein, which concerns the appointment of emergency guardians. In the case, the Superior Court held that an emergency guardianship order automatically expired after a period of thirty days. In addressing this case, the…
Common Health Care Story: When Your Doctor Can Be Anyone
I recently went to the emergency room at my local hospital because I was experiencing severe flank pain. I thought it was my appendix, but instead I was diagnosed with kidney stones. That wasn’t the most unpleasant thing to occur to me on that very painful night. I arrived at…
Complex Issues involving Marijuana and Estate Planning Intersect
Since 1970, marijuana has been classified as a Schedule I substance under the federal Controlled Substances Act in addition to other drugs like cocaine, heroin, and LSD. The cultivation or possession of marijuana is a federal crime unless used for federally approved research. Despite these federal laws, various states…
Elder Domestic Violence
End of life planning is very difficult. On the one hand, you must understand what your assets are and contemplate how to dispose of them after your death in a way that is meaningful to you and the people or organizations you gift. On the other hand, you must identify…
Lessons on Domicile from In re Estate of Helms
In March 2019, the Supreme Court of Nebraska affirmed the decisions of a county court in the case of In re Estate of Helms. Many years after Helms was killed in a terrorist bomb, his estate obtained a wrongful death judgment in federal court finding that Helms was a domicile…
Needs of Aging LGBT Community
Families today, as always, come in all shapes and sizes. This includes sexual orientation. As gays, lesbians, bi-sexual, and transgender people (LGBT) age and move into retirement communities, nursing homes, and assisted living facilities, how welcome are they? An individual who has lived a good life at 85 wants to…
Advice on Avoiding Probate from Jones v. Brewster
In March 2019, the Alabama Supreme Court heard an influential estate planning decisions. The case was initiated by Chris Jones, who appealed a circuit court decision regarding a will contest about a will written by Jones’ father. Chris Jones initially filed the case in probate court because the probate court…
A Reminder on Non Charitable Deductions from Dieringer v. Commissioner
In a case that provides an important lesson about the role of charitable deductions, The Ninth Circuit recently affirmed a tax court’s decision to sustain a deficiency against an estate because the estate had overstated its amount of charitable deductions. In the case, Ahmanson Foundation v. United States, the Ninth…
Health Alert: Seniors and Mental Illness
Mental illness is hard to spot in people. This is especially true for seniors. Part of the difficulty with identifying who may be suffering from a mental illness is the social stigma associated with mental illnesses and treatment for mental illnesses. If you yourself are experiencing cognitive decline because of…