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Articles Posted in Living Trusts

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Second Marriage Planning – The Lawyer as Co-Trustee

By Michael Ettinger, Esq. One of the situations that call for the lawyer to recommend himself as trustee is in second marriage planning. It is a firmly established legal principal that there is no ethical prohibition against the attorney recommending himself to act as a trustee on behalf of a…

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Pitfalls of Will Planning

By Michael Ettinger, Esq. So many clients are advised that they need a will. In fact, will planning is becoming obsolete for persons over sixty for many reasons. Instead of actually solving problems, wills often create them. First, they must be proven to be valid in a court proceeding, the…

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The Stealth New York Estate Tax

By Michael Ettinger, Esq. In our experience, a majority of New Yorkers are unaware (blissfully?) that New York State levies an estate tax. New York’s estate tax starts on estates over one million dollars. What is your estate for tax purposes? All of your real and personal property, your bank…

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Using Living Trusts to Delay Distribution Until Children Mature

By Michael Ettinger, Attorney at Law . Historically, estate planning consisted of setting up a will and leaving everything to one’s children in equal shares, “per stirpes”. The “per stirpes” is latin for “by the roots”, meaning that if any of the children predecease their parents then their share goes…

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Estate Planning for Second Marriages – Thoughtfulness Required

by Michael Ettinger, Esq. With people living much longer than in the past, the frequency of remarriage is increasing, even in later years. This latter phenomenon is raising a host of elder law estate planning issues. On the other hand, we are also seeing with increasing frequency the blended family…

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