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New York Estate Planning & Elder Law Blog

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Back to Basics: How to Include Health Care in Your Estate Plan

For people who reach age 65, the odds of needing long-term care benefits during their lifetime are nearly 70 percent. People are living longer and in turn needing care in their old age. On average men require 2.2 years worth of care and women require 3.7 years. Preparing for this…

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Back To Basics: Steps To Take Following The Death Of A Loved One

The passing of a loved one is not easy. The closer you were to the deceased the bigger a toll that it takes on you mentally and emotionally. You may experience anger, frustration, and numbness as you seek to process the passing. As you begin to contemplate what you must…

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Types of Special Needs Trusts

There are three main types of trusts for special or supplemental needs. Each has their own specific purpose and use, and will apply differently for every party.   First Party Special Needs Trusts The first party special needs trust was developed to be funded with assets owned by the trust…

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The Insolvent New York Estate

The legal entity that owns and controls a person’s property after they die is known as an estate. The person who leaves behind an estate is called the decedent. It is customary for the decedent to appoint someone to administer the estate and act as the executor of the estate…

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Special/Supplemental Needs Trust

Special needs trust are a type of trust by which the beneficiary is provided for through the trust income, but has no control over the distributions of the trust. Generally, special needs, or supplemental needs trusts, have been used to provide for those loved ones with disabilities or who are…

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What Assets Go Through Probate In New York?

Probate is the legal process that takes place after a person passes away.  It typically involves submitting a valid will to the surrogacy court in New York state, taking inventory of the deceased’s estate’s assets, paying off the estate’s liabilities and distributing the estate assets to the beneficiaries designated in…

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Why Spendthrift Trusts Can be Important to Your Inheritance Plan

Spendthrift trusts are a type of irrevocable trust in which the grantor seeks to leave property or assets to a beneficiary, under the terms they outline, by which the beneficiary cannot alter, because they have no legal claim to the trust property. An irrevocable trust is a type of trust…

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IRS Allows Trust Modification Without Forfeiting Exemption

A Recent Private Letter Ruling By The IRS Concluded That A Modification To A Faulty Fiduciary Provision Did Not Result In A Loss Of The Trust’s Grandfathered Generation Skipping Transfer Exempt Status The taxpayer who submitted the modifications to the inter vivos trust for an IRS private letter ruling found…

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Arbitration and Nursing Home Contracts

In continued efforts to protect the rights of elders, The Department of Health and Human Services has passed a rule to further ensure that elders are not taken advantage of and have the right to decide whether they seek a trial or alternative dispute resolution measures when bringing a legal…

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The Danger of Unrestricted Bequests and Gifts

The Inheritance Left To University of New Hampshire By A Long Time Library Employee Was Spent In A Way That Raised A Few Eyebrows Longtime University of New Hampshire library cataloguer died last year at the age 77. As his final wish to the world he left the entirety of…

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