In the recent case of Clark v. Clark, two brothers initiated legal action against another brother concerning the other brother’s ability to function as trustee of a trust as the result of a brain injury. The men’s mother established a testamentary trust previously that held family business and appointed the…
Families throughout New York who have children with disabilities are frequently questioning how to best provide for their children’s needs–both now and in the future. It can be a complex issue, because relatives must balance their ability to provide help via their own private resources with available support through Medicaid…
Financial Planning News shared a helpful article earlier this month about a difficult situation faced by many New York families: Planning for retirement with a special needs child. If you have a child with various special needs, those circumstances must obviously be built into both an estate plan and a…
The Huffington Post recently reported on the aftermath of the tragic death of former boxing champion Hector “Macho” Camacho. The boxer had only recently retired from the sport after nearly three decades in the ring against some of the sports biggest stars. In his 50s, the boxer lived in Puerta…
The New York Times published an interesting story last week discussing the “psychic toll” paid by families working to raise a child with special needs. The article attempts to delve into some of the more nuanced issues related to conducting special needs planning to take care of the finances and…
by Peter Lennington, Esq. This post by American Association of Trust, Elder Law and Estate member, attorney Peter Lennington, examines the unique planning requirements of families with children, grandchildren or other family members with special needs including the establishment of Special Needs Trusts. COSTLY MISTAKE #1: Disinheriting the child. Many…
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…
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…
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…
by Michael Ettinger, Esq. Same sex couples face unique estate planning issues since, in many jurisdictions, their unions are not legally protected. New York, for example, does not permit same sex marriages although the state does recognize same sex marriages performed elsewhere (i.e., Massachusetts, Connecticut, Vermont, Iowa and D.C.). Living…