New York Estate Planning & Elder Law Blog

Budget Cuts in Boston

Published on: February 7, 2017 | by Ettinger Law Firm

The new year has brought a number of changes to our healthcare system and is projected to make many more in the coming months. In an effort to control the state budget, many lawmakers are attempting to find ways in which to decrease spending in order to get out of the major defect they have incurred over the past few years.

One of those states is Massachusetts, where, Governor Baker, is attempting to reduce their budget by cutting nearly $100 million dollars in funding for a number of organizations. This budget cut was cited as an adjustment due to lagging state revenues, which need to be counterbalanced. The organizations most affected by the cuts include HIV treatment centers, opioid abuse relief centers that assist many citizens of the state in dealing with the drug problem that has run rampant through the city, as well as other elder care organizations.

The majority of the funding to be cut will come from programs in charge of assistance in paying for long term care, nurse visits, as well as other specialists. This ultimately affects the demographic of aging people who seek to age in place and receive care in their home as their health declines.

Are You Subject to the Estate and/or Gift Tax?

Published on: February 5, 2017 | by Ettinger Law Firm

Taxes are never fun, but when it comes to estate planning taxes are a major concern for most people. Understanding the different types of estate taxes is an important part of creating a comprehensive estate plan to distribute your assets after you are deceased. To help you understand more about the estate tax and gift taxes, which are two common types of taxes many people are subject to in estate planning, the following information provides a brief introduction as to what these taxes are and when they may come into play for you.

Estate Tax

The good news about the federal estate tax is that, according to the IRS, most simple estates do not require filing an estate tax return. This is because only estates for decedents dying in 2017 valued at $5,490,000 or more are subject to this tax. Generally, the estates exempt from this tax are adjusted for the annual rate of inflation, so the value of exempt estates can change from year to year. As a general rule, marital gifts – or those where an estate passes to a surviving spouse – are wholly exempt from the federal estate tax, which does not kick in until the estate passes down the line to a person’s heirs. For estates valued at or over the legally prescribed threshold for the federal estate tax that pass to heirs, the maximum effective tax rate is 40 percent. There are many steps involved in computing what qualifies as your taxable estate as well as deductions that may change the value of your estate which can be discussed with an experienced estate planning attorney to help you make choices about your assets that will ease the financial tax burden that could otherwise accompany the distribution of your assets.

The Basics – Nursing Home Abuse: Signs and How to Stop It

Published on: February 4, 2017 | by Ettinger Law Firm

Many of our elderly adults end up in nursing homes or assisted living, whether as a result of an accident or due to a declining ability to care for themselves. While many have family members or friends who are able to ensure their loved one is being taken care of properly in their respective homes, not all of those elderly are fortunate to have someone to look after them. In fact, the Special Investigations Division of the House Government Reform Committee found that 30% of nursing homes in the United States were cited for nearly 10,000 instances of abuse over a two year period.

Abuse in a nursing home can take many forms, some problems involving physical abuse and negligent include untreated bedsores, inadequate medical care through dehydration and improper hygiene, as well as physical abuse such as broken bones, untreated bruises and cuts. Other examples of abuse involve verbal abuse, for example yelling, and ignoring requests, as well as withholding medication.

This problem happens all too often, and it can come down to the caretakers word against the elderly abused patient. An Illinois man concerned about the care of his father after he voiced concerns about a new nurse, installed a surveillance camera in his father’s room in an assisted living home. The camera unfortunately confirmed exactly what he believed, he was being neglected at times, verbally and physically abused by a certified nurse’s aid working at the facility. The nurse was charged with a felony aggravated battery to a person older than 60 years and felony abuse of a long-term health care facility resident.

Life Estates and the Generation-Skipping Transfer Tax

Published on: February 2, 2017 | by Ettinger Law Firm

When you make the decision to see an experienced estate planning attorney to make a comprehensive estate plan to safeguard your assets and provide for your heirs, it can be a confusing process filled with a lot of legal terminology that might be new for most people. One of the biggest considerations in estate planning, and often one of the most confusing parts of it, is the effect taxes will have on an estate. To help you make the most informed decisions about what route you choose in planning your estate, it is important to have a full understanding of the different types of taxes that may come into play. One of those is known as the generation-skipping transfer tax, and the following information may be helpful in understanding it.

Life Estates

To fully understand the generation-skipping transfer tax, you first need to understand what a life estate is. A life estate is a type of estate in which ownership of real property – basically, a home and the land which accompanies it – is passed to another person and ends upon that person’s death. At that time, it may revert back to the original owner or it could pass along to someone else depending on the conditions you choose to set. In New York, life estates can be an easy way to ensure real property passes smoothly upon death without the need for probate. Life estates are also exempt from the federal estate tax. Usually, creating a life estate is a simple process, as is the transfer of property upon an owner’s death.

Medicare Changes Under New Administration

Published on: February 1, 2017 | by Ettinger Law Firm

Another major platform that President Trump ran under was the promise to repeal the widely contested Obamacare plans, and to instead bolster Medicare and Medicaid eligibility and benefits. Since taking office, the businessman has changed his position multiple times regarding whether an overhaul of the system will be made or whether he will keep his promise to leave Social Security and Medicare alone.

Medicare Proposals by the House

House Speaker Paul Ryan has been an avid supporter of overhauling the system, by combining Medicare Parts A and B and also increasing the Medicare age of retirement to that of the full retirement age that one must qualify for with Social Security. Additionally, this proposal would allow Medicare beneficiaries to choose which plan they wish to elect between private plans or traditional plans, based on their health needs, but would not take effect until 2024.

Important Reasons to Revise Your Estate Plan

Published on: January 31, 2017 | by Ettinger Law Firm

Creating an estate plan is an effective way to ensure that your assets are distributed according to your wishes while minimizing hardships that could otherwise result for loved ones and friends. However, creating a comprehensive estate plan is often just the beginning and there are important reasons why you can and should revise your estate plan. A recent article from Forbes lists the following as important reasons to revise your estate plan:

Significant Changes in Value of Estate

A significant change in the value of your estate may be reason for you to reevaluate how you want your assets to be distributed. You may wish to increase the number of people you include as heirs or adjust the amount you have chosen to distribute. A significant change in the value of your estate should be accompanied by appropriate revisions to your estate plan.

Changes in Retirement Could Mean Changes to Your Estate Plan

Published on: January 27, 2017 | by Ettinger Law Firm

The financial market is expansive and can change overnight. NextAvenue.org recently wrote about several important ways retirement is likely to change in 2017 that could impact millions of people and require you to engage in or reevaluate your estate planning. According to the article, several things you should pay attention to include:

Tax Cuts Are Likely

Tax laws are continuously changing, and the new administration has proposed some rather significant changes to the tax code. If these changes become a reality, it may important for people to look at investments like their IRA and convert it to a more tax-friendly asset, like a Roth IRA. This can help investors and those planning retirement accounts to take advantage of more favorable tax consequences that could help them keep more of their money in the long run.

Death Tolls Rise in Winter Months

Published on: January 26, 2017 | by Ettinger Law Firm

Winter months are difficult on many of those who live in areas that experience great seasonal changes. The National Center for Health Services actually found that death rates are twice as high in the winter than the hottest part of summer. Not only do we have bundle up and face the chilling weather, there is also a major threat of seasonal illness.

Thus, it is not surprising that individuals have the highest risk of dying from natural causes in the end of December and beginning of January. In fact, one study showed that those who die from natural causes, circulatory problems, respiratory diseases, nutritional/metabolic problems, digestive diseases and cancer have a greater chance of dying between Christmas and New Years than any other time of year.

Not Just in America

Social Security and Your Estate

Published on: January 25, 2017 | by Ettinger Law Firm

With every new change in presidential administration, there are certain to be ripple effects in national programs that reflect the new direction those programs are being geared toward. Often, there is a period of uncertainty connected to funding for many public programs, especially in times of financial crisis. One such important program that millions of Americans depend upon is social security. In today’s day and age, it is difficult for retirees to exist solely on social security, which is one of the reasons responsible estate planning at an early age can help you navigate your retirement years successfully. With potential changes to the way social security updates beneficiaries on their benefits, it may be even more important to consider a comprehensive investment strategy as part of your estate planning.

Fewer Social Security Mailings

According to Laurence J. Kotlikoff, featured expert on NextAvenue.org, the United States Social Security Administration has recently announced that it will be providing fewer earnings and estimated benefits statements to beneficiaries as it moves forward. The agency quietly announced this change as a way to save it more money, stating Congress had cut its budget by 10 percent in the last seven years even though there has been a 13 percent increase in beneficiaries. According to the article, the agency has typically mailed such statements approximately every five years to people not receiving benefits between the ages of 25 and 60, and annually every year after 60. The agency estimates reducing the frequency of such mailings will save it more than $11 million in 2017.

Medical Devices and Infection

Published on: January 23, 2017 | by Ettinger Law Firm

Recent Recalls

Open heart surgery has saved the lives of thousands of patients across America, as well as the world. Performing this task takes a highly skilled team of doctors well equipped with the right medical devices to assist them. All of these tools require FDA approval and specific cleaning procedures prior to their implementation during surgery. The Center of Disease Control and Prevention announced that a heater cooler unit that has been used in the majority of these surgeries since 2012, could have been contaminated when it was in the manufacturing process.

Heater Cooler Units for Open Heart Surgery