New York Estate Planning & Elder Law Blog

There are some surprising conclusions that people reach after creating an estate plan. For example, after putting the finishing touches on estate planning documents, some parents discover that they do not want to pass on an inheritance to the couple’s children. This is often not because the children have done anything wrong, but rather because the children are in a place where they can now take care of themselves and the parents decide their inheritance would do better if passed on to the surrounding community. This article reviews some important pieces of advice that you should remember in case you find yourself in such an estate planning situation.

Remember Your Assets Are Yours

Deciding to not leave your estate to your children is a divisive document. Some parties will argue on both sides of things. Despite this debate, however, it is important to remember that your assets are yours and that you can do whatever you want with them. This is true regardless of whoever criticizes your choices. If you have strong reasons for not passing your inheritance onto your children, this is the only thing that should influence your decision.

Estate planning is difficult, but for loved ones with special needs, the process can be particularly challenging. Besides worrying about the type of care your loved one will receive, you are likely overwhelmed with many other questions including who will manage finances and whether the person will be able to receive benefits without being disqualified from receiving government assistance. Fortunately, there a variety of strategies to protect your loved one including ABLE accounts and special needs trust. While it can be tempting to view these two accounts as similar, there are some substantial differences between the two.

The Role of ABLE Accounts

Relative newcomers on the estate planning scene, ABLE accounts allow individuals with disabilities a way to save some assets without interfering with eligibility with government assistance programs like Medicaid and Supplemental Security Income. A person is permitted to have only one ABLE account and if assets in the account exceed $100,000, this excess will count towards that individual’s $2,000 resources limit for SSI eligibility. 

If you’ve been asked to help a loved one manage their assets, you likely know that there are many complex issues to consider. One question that many people in this situation are often left wondering is whether it is better to be added to a bank account as a joint account holder or if it is better to establish a separate estate account. While it can be quicker and often easier to simply add a person as a joint account holder, the joint account will also be left the sole account holder after the loved one’s death. 

The alternative is to open an estate account which will be responsible for paying bills associated with the deceased person’s estate. This article reviews just some of the most substantial advantages that people realize by opening estate accounts. 

# 1 – Reduced Risk Exists with Estate Accounts

Stretch IRAs refer to an estate planning strategy that was utilized to extend the tax-deferred status of an inherited IRA when it passed to a non-spouse beneficiary. Stretched IRAs allowed for continued tax-deferred growth. The SECURE Act, which was passed by the Senate on December 19, 2019, however, will end stretch IRAs. 

The most direct impact of this legislation is that it will change how IRAs are administered beginning January 1, 2020, by both eliminating the maximum age at which a person can make contributions to a traditional IRA. This change will also delay the starting date for required maximum distributions from age 70 and a half to 72. It is important for everyone who plans on utilizing an IRA to understand how the changes that will likely occur as a result of the SECURE Act.

Changing Landscapes

If you finally wrote your estate plan in 2019, you likely know just how difficult it can be to sit down and write an estate plan. Even after creating these documents, there are still several  obstacles that can occur and prevent you from achieving your estate planning goals. As a result, this article takes a brief look at some of the estate planning mistakes that you should be careful to avoid as the year comes to an end.

# 1 – Not Understanding Your Estate Plan

Some people don’t both to read and review the terms of estate planning documents after they’ve been created by an attorney. Other people let their spouses take care of estate planning and merely sign where is necessary. Not knowing the terms of what you are signing can lead to many serious estate planning challenges. While you need not be able to call up estate planning laws by code number, you should still understand the basics of how your estate plan will work.

One of the most repeated pieces of estate planning advice is to routinely review and update estate planning documents. It is particularly important to revise estate planning documents following major life changes or if a beneficiary under a will passes away before the testator does. If a person fails to make the necessary estate planning changes, there is a substantial risk that the gift will “lapse” and the property will end up being transferred to others in what might be an undesirable manner.

What Does it Mean if a Gift Lapses

If a gift lapses, this means that it cannot be transferred as provided under the terms of a will. One way in which New York law attempts to deal with lapsed gifts is through anti-lapse statutes. New York’s anti-lapse statute states that if an individual who would have received property under another person’s will passes away before the testator, the gift will pass to the deceased individual’s children.