Two overriding questions govern your choices in an elder law estate plan. First, what will happen to your assets when you pass away? Second, what will happen to your assets if you need long-term care? A comprehensive plan covers both issues. You must protect assets from going to long-term care costs so that the assets may transfer to your beneficiaries instead. Plan A, and the best protection from long-term care costs, is long-term care insurance. Factors to consider include the daily benefit amount and an inflation rider that keeps pace with the increasing cost of nursing homes. Long-term car ..read more

By now most people know that trusts avoid probate which is required with a will — if there are “probatable” assets, in other words those in your name alone. While many assets can be set up to avoid probate by putting joint owners on or by naming beneficiaries, titles to real estate in New York may not have beneficiaries and there are tax and liability reasons for not naming joint owners on real estate. As a result, real property generally goes through probate. Other reasons to use trusts, besides avoiding probate for the home, are as follows: Out-of-State Property. New York residents who own ..read more

  Makes sure your estate goes to whom you want, when you want, the way you want. Most estate plans leave the assets to the next generation outright (i.e., in their hands) in equal shares. However, with a little bit of thought on your part, and some guidance from an experienced elder law estate planning attorney, you may dramatically improve the way your estate is ultimately distributed. For example, you may delay large bequests until children or grandchildren are older or give it to them in stages so that they have the chance to make some mistakes with the money without jeopardizing th ..read more

What do you do when a client comes in to see you and says that his mother is going into a nursing home and she has $300,000 in assets. In fact, mom scrimped and saved all of her life to have this nest egg and now she desperately wants to see her children get an inheritance. Although you may protect all of your assets by planning five years ahead of time with a Medicaid Asset Protection Trust, all is not lost if nothing has been done and the client finds herself on the nursing home doorstep. The advanced elder law technique, used to protect assets at the last minute, is called the “gift and loa ..read more

Earlier in 2022, the stock market entered what is referred to as a bear market, which happens when the market drops more than 20% lower than a recent high. Financial experts have cited various reasons why the market has declined including, but not limited to, the war between Russia and Ukraine, energy shortages, and inflation. Each of these elements has encouraged investors to avoid losses. The market’s volatility will unfortunately remain for some time, which might make you wonder how this type of market could impact our estate planning.  Bear and Bull Markets Bear markets are often foll ..read more

Imagine you’ve finally met with your attorney to establish an estate plan and are now considering whether to establish a trust. Or a situation where you already have an estate plan that includes a revocable trust. In today’s world of estate planning, revocable trusts have proven to be a common but effective tool for achieving a person’s estate planning goals. This article reviews some of the important details that you should consider about the reality of revocable trusts. # 1 – Revocable Trusts Are the Same as Revocable Living Trusts A person can create a revocable trust during their life and ..read more

Considering that someday you will no longer be alive is an unpleasant thought. You might be frightened of the unknown, particularly when it involves issues of what will happen to your loved ones. Even though you will no longer be around to play a role in managing your estate, you do have an input in what happens to your estate after you pass away. This article reviews some of the helpful things that you can do to protect your money after you pass away. A vital part of estate planning is creating a will, which is a type of legally-binding document that articulates your wishes for what should ha ..read more

For many corporate executives who are considering retiring, substantial financial planning must be done. Given the executives are often some of the best-compensated workers, this advice might seem unnecessary. Additionally, increasing stock prices over the last few years, as well as a healthy economy, means that many executives are better situated than ever before. Diversification of Assets Is King One issue executives should consider is the degree of their assets that share a relationship with the worker’s employer. Many executives receive various stock options, stock grants, and also enroll ..read more

In 1990, the United States Supreme Court acknowledged the constitutional right of a patient to decline medical treatment. Over the last couple of decades, New York state has slowly recognized that traditional health care advance directives do not sufficiently deal with mental health issues. Consequently, a large number of states have issued legislation permitting mental health care advance directives.  New York Law and Psychiatric Advance Directives A person can utilize New York’s Health Care Agents and Proxies law to nominate an agent to make decisions for them if that individual cannot ..read more

Much attention has been paid the last year to the conservatorship of Britney Spears. A judge this year recently denied a  request to remove Spears’ father as her conservator. Consequently, some people expect that Brittney Spears will soon seek for the court to end her conservatorship entirely. Due to this case, many people have begun to consider whether a conservatorship might be right for them or their loved one. This article reviews some of the most common questions that people have about conservatorships and the role that they can play in estate planning. What A Conservatorship Is The ..read more