New York Estate Planning & Elder Law Blog

Eskra: A Reminder about Premarital Agreements and Estate Planning

Published on: June 4, 2022 | by Ettinger Law Firm

In the recent case of Eskra v. Grace, a person filed a petition attempting to be named as personal representative of her deceased husband’s estate. The trial court denied her petition based on a premarital agreement waiving her interest in her deceased husband’s separate property. The court named the man’s parents as the estate’s co-administrators.

The Court’s Holding

The court held that the man was entitled to introduce evidence in support of her claim that she and her deceased husband mistakenly believed the premarital agreement only applied in case of divorce instead of after the man’s death. On remand, the trial court determined that the error was a unilateral mistake on the wife’s part and that the wife had no entitlement to rescission. The court expressly found that insufficient evidence existed that the husband either encouraged or fostered the wife’s incorrect impression.

Lessons Learned from In re the Purported Will of Moore

Published on: June 3, 2022 | by Ettinger Law Firm

An appellate court recently decided the In re the Purported Will of Moore case, which involved an appeal from an order that granted summary judgment and denied relief for a judgment involving a caveat to the will of a deceased person.

The Facts Behind the Case

A man created a will at the end of 2018 appointing his sister as executor. The will passed on both the man’s real and personal property to his sister after the man’s sister passed away. The man ultimately passed away in 2019. The deceased man’s estate began probate in 2019 in the superior court. The man’s daughter filed a caveat to the will in the summer of 2019 claiming that she is the deceased man’s only biological child and that the deceased man’s will is not valid because it lacked appropriate witnesses and was written as the result of undue influence.

Austin Case Provides Estate Planning Lessons

Published on: June 2, 2022 | by Ettinger Law Firm

The Wisconsin Court of Appeals recently saw the case of Austin v. Roesler and Campbell, which provides some valuable reminders about what to do (and not do) while estate planning.

The Facts Behind the Case

The case involved a woman who executed her will in 1977, which directed that following the woman’s death the entirety of her property is given to her husband. The will also contains provisions that direct the distribution of assets in case the woman’s husband predeceased her. In this situation, the woman stated that all of her property be transferred to her children. In case any of the woman’s children pass away before her, the woman’s will states that the assets should go to the surviving heirs.

Trump Administration Medicare Faces Increased Scrutiny

Published on: June 2, 2022 | by Ettinger Law Firm

Biden-era legislatures are currently debating improving a Trump administration regulation associated with Medicare due to increasing pressure from Democrats. Also called a direct contracting model, the program implemented during the Trump administration lets private companies enroll in Medicare as health department members to revise and better care while keeping government costs as low as possible.

The measure has fallen under scrutiny from Democrats who are concerned that the Biden administration is laying a path for Medicare to become private by keeping the measure intact.

Senator Warren Criticizes Model

Biden Administration Begins Improvement of Nursing Homes

Published on: June 2, 2022 | by Ettinger Law Firm

President Joe Biden recently utilized his State of the Union address to begin a major improvement in the quality of nursing homes in the country. This improvement addresses an increase in minimum staffing levels as well as efforts taken to improve inspections while all-the-while following the Covid-19 safety protocol.

Biden administration officials have outlined over a dozen separate actions with many pursued by advocates while opposed by the industry. One major missing element is new channels of federal financing to compensate for improvements.

New Changes in the Nursing Home Industry

Situations Where Your Digital Assets Last Longer Than You

Published on: May 24, 2022 | by Ettinger Law Firm

While estate planning, it’s a good idea to make sure that various parties involved with your estate including personal representatives, agents appointed through a durable power of attorney, and trust receive the information they need to both access as well as manage your assets in case you end up incapacitated or pass away.

While most assets can be easily identified, one notable exception are digital assets, which include not just social media accounts and financial accounts but also cryptocurrencies like Bitcoin and non fungible tokens. This article reviews some critical issues to consider in regards to estate planning and digital assets.

# 1 – Email and Social Media Accounts

Estate Planning in the Digital Era

Published on: May 24, 2022 | by Ettinger Law Firm

A survey recently reported that over 80% of people who work in estate and financial planning utilize digital trends to support estate planning. Family structures are increasingly complex with currently 34% of respondents reporting that the appointment of beneficiaries was a primary cause of fighting among a family. Market volatility has been identified as the leading threat to estate planning and has risen substantially in danger over the last few years.

The study also determined the increase in the use of digital content and tools that conform with the growing interest in digital assets. Many people are interested in their financial planning advancing as the utilization of technology and digital integration improves.

Other details in the study state that 52% of people leverage estate planning software, while 48% of individuals use online estate planning platforms. This activity demonstrates that a large part of people who participate in estate planning are utilizing digital resources to efficiently support client needs.

Critical Issues to Consider When Estate Planning

Published on: May 24, 2022 | by Ettinger Law Firm

Estate planning varies substantially between individuals and is influenced greatly by a person’s goals. Each individual also has a unique situation as well as a background to consider. Two individuals with similar kinds of assets are worried about protecting property from future elderly care centers that might sound like they have similar estate plans. If one person is a disabled veteran, while the other has no military service though, estate planning between the two can be substantially different. When it comes to estate planning, countless important estate planning issues should be considered.

# 1 – Decide On Your Estate Planning Goals

Each person should assess his or her goals when deciding on what he or she would like to achieve with an estate plan. If the main goal is to make sure that a spouse inherits assets and can make choices after the individual becomes incapacitated, a plan involving a last will and testament and powers of attorney might be all that is required. If the primary objective of an estate plan is to guard against future liabilities, trust planning might be critical.

Tips on Avoiding Uncertainty about Health Documents While Estate Planning

Published on: May 24, 2022 | by Ettinger Law Firm

Health documents used in an estate planning context are some of the most valuable documents that a person can have. These documents, however, often invite uncertainty because the documents are referred to by various names and one document can be confused for another. When it comes to the subject of estate planning, four primary types of healthcare planning documents exist.

# 1 – Healthcare Power of Attorney

Healthcare power of attorney documents are the most commonly utilized in the estate planning field. These documents are also referred to as healthcare surrogates or medical power of attorney. These documents often exist separately from durable power of attorney documents, which address legal and financial issues. Comparably, healthcare power of attorney documents appoints at least one individual who will function as a healthcare agent. These documents should also address an additional individual who will function as a backup.

Reduction to Medicare Part B Looming

Published on: May 24, 2022 | by Ettinger Law Firm

The Centers for Medicare & Medicare Services is still evaluating its Part B premium due to changes that have happened after the amount was established last year. Approximately, 50% of the increase in the premiums is the result of the potential cost associated with paying for the Alzheimer’s medication, Aduhelm. If the Center ultimately decides to reduce its Part B premium, the reduction would likely apply in 2023 rather than 2022.

The Value of Aduhelm

Aduhelm plays a role in helping the approximately 6 million Americans who have been diagnosed with Alzheimer’s Disease, which is a degenerative neurological disease that slowly destroys a person’s memory and thinking skills. The medication can also negatively impact the lives of families and other loved ones connected to the person with the disease. Most people who are age 65 or older are also generally enrolled in Medicare, which pays for more than 63 million individuals.