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New York Estate Planning & Elder Law Blog

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“Tax Cuts and Jobs Act” Affects Estate Planning Tax Rules

Since congressional ratification of the “Tax Cuts and Jobs Act” of 2017 (“TCJA”), federal Internal Revenue Service (“IRS”) guidelines effective tax year 2017 have proven to be a challenge for estate planners. Reform introduced to “simplify” the tax reporting process for entities, the Act modifies estate income tax guidelines; imposing…

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Derivative Action Lawsuits: Protecting the Interests of a Family-Owned Corporation

If the interest of a family-owned corporation part of an estate or trust has been violated, a derivative action lawsuit can be filed on behalf of those shareholders alleged to be harmed by improper fiduciary conduct. In probate litigation matters, family-owned corporation interests can complicate execution of an estate or…

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Should I Include Art and Collectible Assets in My Estate Plan?

In 2017, reportedly 80 percent of all fine art collectors interviewed by the accounting consulting firm Deloitte thought art collections to be a valuable category of investment. A serious consideration for any investor interested in retaining and distributing the value of those tangible assets according to plan, a will, estate,…

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How Blockchain Technology Is Influencing the Estate Planning Process

Since introduction of Bitcoin as a valuable retirement fund asset, the significance of blockchain technology has come to influence the estate planning process as well. Estate planning investors with cryptocurrency assets acknowledge blockchain technologies are vital instruments for ensuring a will or estate does not extend into a lengthy probate…

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Federal Regulators Issue Warning on Antipsychotic Drug Used in Nursing Homes

Federal regulators recently issue a warning health care providers accepting federal funding to be on the lookout for inappropriate prescriptions of a powerful antipsychotic drug commonly used in nursing homes to treat a host of disruptive behaviors. The memo comes from the Centers for Medicare and Medicaid Studies and applies…

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New York Rules to the Private Foundation as “Trust”

In New York, the admirable and highly instrumental private foundation is well-recognized means to venerable ends. Indeed, in 2017, the U.S. federal Internal Revenue Service (“IRS”) reported that New York’s private foundations donated $10,716,118,775 in funds to nonprofit charities, the highest in the nation. Rules to private foundations, otherwise known…

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Should You Have an Estate Plan for Your Social Media Account?

What happens when a Facebook account holder dies and leaves valuable assets such as family photo albums and digital wallet details, including bank card information on the site? The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) of 2015 amended federal guidelines to family member, executor, attorney-in-fact, or trustee…

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