New York Estate Planning & Elder Law Blog

3 Ways to Reduce COVID-19 Risks in Nursing Homes

Published on: December 24, 2020 | by Ettinger Law Firm

In September 2020, the nursing home staff at the Soldiers’ Home in Holyoke Massachusetts were indicted on criminal charges in what the Attorney General described as the first criminal case against nursing home operators in connection to the COVID-19 pandemic. Seventy-six veterans at the hospital died as a result of the outbreak. The nursing home operators were indicted on charges of being the caretakers who wantonly or recklessly commit or permit bodily injury to an elder or disabled individual. The nursing home is a state-run, fully accredited center that offers 247 long-term nursing beds and a 24-hour care center. Due to staffing shortages, the facility consolidated two dementia units into one, which led to confirmed COVID-19 patients being placed on the same unit as asymptomatic residents. The facility also placed residents who were thought to be asymptomatic on nine beds in the dining room, even though some of the residents were displaying COVID-19 symptoms. These beds were allegedly not sufficiently distanced and allowed residents to socialize despite their COVID-19 status.

These charges suggest the focus on accountability for COVID-19 exposure by both the federal and state government. The Attorney General has also begun to scrutinize other long-term facility cases. The Attorney General has also stated that it is a good idea for long term care facilities to review their policies and procedures in regards to the pandemic. If you have a loved one in a nursing home, it’s understandable to be concerned about COVID-19. As a result, this article reviews some critical steps that you should follow in such a situation.

# 1 – What To Do If A Loved One Is In A Facility With No COVID-19 Cases

3 Tips on Having Long-Term Care Discussions Now And Not Later

Published on: December 21, 2020 | by Ettinger Law Firm

It’s a common predicament. After the holidays have concluded, adult children are frequently left concerned about whether their parents can live safe independent lives. These adults often are left feeling uncertain about what the best decision is to make so that their parents remain safe but also do not have freedoms needlessly stripped. This year has made adult children more concerned than usual because with many people deciding to celebrate the holidays virtually, it’s becoming more difficult to recognize when someone can no longer live independently. Despite COVID-19, there are still several helpful strategies you can follow to have a conversation about long-term care with your parents now instead of later.

# 1 – Discuss Your Parent’s Daily Routine

Whether it’s in person, over the phone, or through video should, you should begin by chatting with your parents and discussing their lives as well as their routines. Some of the critical questions that you should ask include what are your parents’ daily habits and whether they find anything that limits their ability to live life as they once did. You should also inquire as to what modifications your parents have made to their daily lives as a result of the pandemic. Any clues that a parent’s basic daily living activities have ceased or are substantially limited should give rise to concern about the parent’s safety.

3 Ways Life Insurance Policies Play Vital Roles in Estate Plans

Published on: December 18, 2020 | by Ettinger Law Firm

The best types of estate planning involves a multi-faceted approach, which both addresses financial as well as health concerns. While many people are aware of the benefits provided by estate planning tools like wills and advance healthcare directives, one helpful but commonly overlooked estate planning tools are life insurance policies. As a result, to widen the types of estate planning tools that you can consider utilizing as you plan for your incapacity or death, this article reviews the role that life insurance policies can play in estate plans.

# 1 – The Primary Purpose of Life Insurance Policies

Life insurance is often viewed as an income replacement for dependants. For people who are the primary or significant income providers in households, income replacement is not optional. Similarly, if a person is a homemaker or the primary caregiver of a minor or disabled child, it is critical to remember that the cost associated with hiring a replacement caregiver is substantial.

3 Invaluable Estate Planning Trusts You Should Consider

Published on: December 13, 2020 | by Ettinger Law Firm

Trusts are a nuanced part of estate planning and can make sure that assets are passed on to your loved ones in a controlled manner. While there are many terms and concepts to grasp when it comes to understanding trusts, it also helps to appreciate that there are several types of trusts. This article examines just a few of the most common trusts which can be used advantageously to achieve various estate planning goals.

# 1 – Bypass Trust

Sometimes referred to as a credit shelter trust, these trusts are primarily used for tax reduction. The trust, however, also has several non-tax related benefits. For example, bypass trusts can protect assets from poor investment decisions as well as creditors and financial scams. Bypass trusts can also help to guarantee that children or beneficiaries are the ultimate recipients of the trust’s assets. As a result, these trusts are commonly used when one spouse has been previously married. The challenge presented by bypass trusts, however, is deciding how much to transfer into the trust. There’s no universal answer as to the extent of an estate to transfer to a bypass trust, but an experienced estate planning attorney can help you make this decision.

Four COVID-19 Scams To Avoid

Published on: December 13, 2020 | by Ettinger Law Firm

Difficult times bring out the extremes in people. While the news is full of stories about altruism during the COVID-19 pandemic, there are countless examples of individuals who have come out with scams designed to capitalize on people’s confusion and fear. Besides being at increased risk of experiencing the most serious COVID-19 symptoms, senior citizens are also at an elevated risk of being the target of scams. To better protect senior citizens and help family members make sure their loved ones stay safe, this article reviews some of the most common scams that have been documented during the pandemic. Knowing about these disreputable tactics in advance is one of the best steps that senior citizens can take to protect themselves.

# 1 – Promises Covid-19 Cures

Major pharmaceutical companies like Pfizer are nearing the introduction of a COVID-19 vaccine to the general population, but there is still no known cure for coronavirus. As a result, anyone who tries to sell you a cure or a vaccine is lying. Some of the various offerings that the Federal Trade Commission and the United States Food and Drug Administration have identified that are falsely billed as cures or vaccines include:

3 Reasons Why You’ll Like Need More than a Will

Published on: December 10, 2020 | by Ettinger Law Firm

Wills are an excellent fundamental of many estate plans. If you pass away without a will, a New York court will be tasked with making the difficult decision of who should receive your assets as well as who should look after your children. If you’re like one of many adults in New York who has been forced to confront their mortality this year due to the COVID-19 pandemic, you’ve likely considered whether your will is up to date or if you’ve ever written one at all. While all estate planning should begin with a will, however, you should realize that wills are just one small piece of the estate planning puzzle. This article reviews just some of the most critical reasons why your estate plan needs more than a will.

# 1 – Wills Have Limitations Regarding Assets

Wills are estate planning documents that help you determine how matters should be handled when you pass away. You can be as specific as you’d like with wills or keep the terms of these documents open. While wills control the distribution of many assets, certain other assets pass outside the terms of wills including retirement accounts like 401(k) plans and individual retirement accounts. This means that beneficiaries listed on retirement accounts will often receive assets regardless of the terms of a will. Regular bank accounts can also have beneficiaries listed. If a beneficiary is not listed on the terms of retirement accounts, these assets will automatically pass into probate.

3 Things to Remember About Passing Assets to a Financially Irresponsible Beneficiary

Published on: December 9, 2020 | by Ettinger Law Firm

Sometimes creating an estate plan means more than just simply designating who will receive your assets. Instead, it sometimes becomes critical to think about how a loved one will receive what you leave them. Fortunately, estate planning presents the opportunity to contemplate the particular needs of your beneficiaries as well as the structure of such transfers. One of the most common but serious obstacles that exist in passing assets to a loved one is if a beneficiary is financially irresponsible.

Understandably, after decades of working hard, you want to make sure that the assets you pass on to loved one can be fully utilized. If a loved one does not treat assets with the same serious nature that you do, however, this intent can quickly defeat your estate planning goals. Fortunately, there are estate planning strategies that are available to make sure that assets last a long time and are responsibly managed. This article considers just some of the critical issues to remember about passing assets on to a beneficiary who is financially irresponsible.

# 1 – The Role of Trusts

Overcoming the Challenge of Undue Influence

Published on: December 7, 2020 | by Ettinger Law Firm

It’s not an uncommon story. In their final years or months, a loved one decides to leave a large amount of assets to someone they have just met. Often, these estate plans defy previous orders that would have passed on assets to family members. In these situations, family members and loved ones are often left whether they can pursue an undue influence claim. This article considers the nature of such arguments.

The Legal Basis of Undue Influence Claims

In New York, undue influence describes the influence to destroy the influence of a person engaged in estate planning and substitute another plan in its place. As a result, the estate planner is compelled to decide against their will due to complexities like fear, the need for peace, or an irresistible urge.

A Quick Guide to Caregiver Assignments

Published on: December 6, 2020 | by Ettinger Law Firm

It’s a common occurrence for family and friends to be the caregiver for disabled and elderly loved ones. In these situations, it is critical to understand that caregiver assignments are legal documents that both define as well as describe how a loved one should be cared for by another individual, which often will include a family member or friend. These agreements play the critical role of making sure that family members and loved ones both agree and understand the labor and cost associated with caring for a loved one. To better help you understand the role that a caregiver agreement can play in your estate plan, this article reviews some critical issues that you should consider about such agreements.

Why Caregiver Assignments Are Important

Caregiver assignments are an invaluable tool for making sure that a loved one receives the best care possible from both family members as well as medical providers. These documents can also perform the invaluable role of protecting caregivers by performing the necessary task of describing how much a caregiver should receive as well as the plan of action for such care. Caregiver assignments also often perform a valuable role in avoiding family conflicts.

Who Can Be Held Liable for New York Nursing Home Deaths?

Published on: December 3, 2020 | by Ettinger Law Firm

Communities in New York are dedicated to stopping the spread of the COVID-19 pandemic. As a result, the state has declared various cautionary measures to control the spread of the disease throughout the state. Tragically, despite these measures, New York is still facing a substantially high number of deaths due to the illness. If your loved one passes away in a nursing home from covid-19, it’s common to be left with various questions. One of the most common questions that people ask is who should be held accountable following such a devastating loss. This article considers such an occurrence.

How Families Respond to the Loss of Loved Ones from COVID-19

It’s never easy to say goodbye to a loved one, but COVID-19 tends to deprive individuals of the opportunity to say goodbye to their loved one in a face to face environment. Many times when a loved one passes away from COVID-19, good-bye’s must be made through digital means like Facetime. Due to this risk of transmission, family members and loved ones ultimately lose out on the closure of seeing a loved one for the last time. This closure can greatly help say goodbye to a loved one.