Close

Schedule an in-office, Zoom or phone consultation Here.

New York Estate Planning & Elder Law Blog

Updated:

ASSUMPTION OF POTENTIAL TAX LIABILITY MAY AFFECT ESTATE PLANNING

GIFT TAX LIABILITY Gift tax liability and estate planning sometimes intersect.  The tax Court case of Steinberg v. Commissioner, 141 T.C. No. 8 (Sept. 30, 2013) deals with an interesting issue, if tax law can ever be interesting, where gift tax liability and estate tax liability intersect.  It is important…

Updated:

PROTECTING SENIORS – UNDERSTANDING ELDER ABUSE

NEW YORK LAW ON ELDER ABUSE New York, much like every other state in the country, has a system in place to deal with elder abuse.  It is both preventative and remedial in nature.  Many people are more familiar with analogous child abuse protection laws.  Unlike child abuse protection laws,…

Updated:

FILIAL SUPPORT LAWS

LAWS THROUGHOUT THE STATES More than half the states have filial support laws on their books. Most states that still have filial support laws as part of its statutory code rarely enforce them. The last time that Georgia successfully enforced its filial support law was 1936. Filial support laws are…

Updated:

WHEN YOUR ATTORNEY IS A POTENTIAL WITNESS IN SURROGATE COURT

WITNESS ADVOCATE RULE In New York, as well as perhaps every other jurisdiction, an attorney may not serve as an attorney as well as a witness in the same case.  Rules of Professional Conduct, Rule 3.7 is mandatory and not permissive.  It does not matter if it is a bench…

Updated:

PLANNING FOR YOUR PETS IN YOUR ESTATE

NEW YORK TRUSTS FOR PETS Some animals are undoubtedly beloved pets.  They provide us with love and companionship, while there are other animals that are more than pets.  For example, horses are an investment, they are a partner in exercise, they help some children with therapy and a comrade to…

Updated:

LACKING IN MENTAL CAPACITY AND FAMILY, WHO DECIDES

On June 24, 2015 a trial Court in California invalidated a California law as unconstitutional, which created a default surrogate decision maker when that individual is mentally incapacitated and does not have a family member, or anyone else for that matter, to make key decisions for them.  The law and…

Updated:

WHAT OF MY ESTATE PLANNING IF MOVE TO ANOTHER JURISDICTION?

Say you live here in New York and made significant plans to avoid probate.   You have a will, own a business that you pass on and even set aside significant assets for your grandchildren. You worked hard to put your financial house in order.  Now you find out that you…

Updated:

CAN AN HEIR BORROW AGAINST INHERITANCE?

Perhaps your prodigal child wants to start a law firm or a medical practice and needs start up funding.  You have some money set aside for your children’s and grandchildren’s inheritance but agree to loan them the money out of this fund.  It’s not uncommon for these monies to be…

Contact Us
Live Chat