Pioneered by Ettinger Law Firm, the IRA Contract solves a technical problem that arises when a spouse in a second marriage wishes to leave their IRA, or other qualified plan, to the husband or wife but also wants the unused funds to go to their children from a previous marriage…
Articles Posted in Estate Planning
The Race to the Courthouse
We received a call last Friday from a woman who said that her father had died but her stepmother was claiming that he did not have a will. The daughter was certain that he did, in fact, have a will. What happens in such a case? Regardless what the daughter…
Estate Planning for Art Collections
With the economy improving, seasoned collectors are now watching the fine art estimates in New York’s upcoming auctions. Collecting art, a passion and hobby for many, is also a way to accumulate and transfer wealth for next generations. The disposition of art, however, should include careful planning with a trusted…
55% Federal Estate Tax Rate Returns on 1/1/11
by Michael Ettinger, Esq. The year 2001 was a space odyssey in more ways than one. It was also the last time we faced Federal estate tax rates as high as 55%, and exempt amounts as low as one million dollars. Nevertheless, this appears to be what we are going…
Charitable Remainder Trust (CRT) as an Estate Planning Tool
Historically, charitable giving rises about one-third as fast as the stock market. While the stock market gains of 2010 remain slight (Dow is up 1.13% at the time of this writing), New York residents may still want to consider using the charitable remainder trust (CRT) in their estate planning. This…
What is Elder Law Estate Planning?
by Michael Ettinger, Esq. “Elder Law Estate Planning” is a niche area of the law which combines the features of elder law and estate planning that pertain most to the needs of the middle class. Estate planning was originally for the wealthy few. Middle class families did not consider themselves…
The Irrevocable Life Insurance Trust (ILIT)
by Michael Ettinger, Esq. Many clients are surprised to learn that the death proceeds of their life insurance are subject to federal estate taxation. They believe that life insurance escapes estate taxes and passes to their loved ones intact. This confusion probably began when the client was told that life…
The Worst Estate Plan I Ever Saw
by Michael Ettinger, Esq. Recently, a couple came in to see me. They were people of means, having accumulated an estate in excess of two million dollars. Sadly, the husband, a fine gentleman, had contracted an incurable form of cancer. They knew it was time for a review of their…
“You Give Lawyers a Good Name”
By Michael Ettinger, Esq. Reflecting on this comment made to us by a client recently, the following thoughts came to mind. What do we actually do at Ettinger Law Firm? All we do is save our clients a lot of time, many thousands of dollars and the not so petty…
Singles and Couples Without Children – The Lawyer as co-Trustee
by Michael Ettinger, Esq. Previously we wrote about the lawyer as co-trustee in the second marriage setting. The main concern there was to protect the share and the interests of the deceased spouse and their family. This was a situation ideally suited for the lawyer as trustee due to inadequate…