In a previous post about healthcare and end of life decision making, we discussed the importance of the election of a healthcare proxy or agent. However, not everyone is able to make these advanced plans prior to an unexpected incapacitation. In June 2010, New York enacted the Family Health Care…
New York Estate Planning Lawyer Blog
PROTECTING YOUR INDIVIDUAL RETIREMENT ACCOUNT FROM CREDITORS
STATE SPECIFIC PROTECTIONS The current aggregate value of retirement assets in America is roughly $21 trillion, with individual retirement accounts (IRAs) amounting to the largest single investment asset. While many, if not most, types of retirement assets and accounts are protected against creditors, the IRA is not necessarily one of them.…
PROPOSALS TO LIMIT THE GENERATION SKIPPING TRANSFER TAX EXEMPTION
PROPOSAL TO MOVE BACK TO PREVIOUS TRUST LAWS As this blog discussed in the recent past, dynasty trusts are trusts that allow for a benefactor to pass wealth on to future generations via various legal mechanisms that allow a trust to carry on for literally hundreds of years, overcoming the…
BACK TO THE BASICS – HOW TO BE AN EXECUTOR
AN IMPORTANT AND SOMETIMES THANKLESS JOB There are times in life when we all will have to do or engage in a thankless job. One such time is when a close friend or a family member asks you to be the executor of their estate. The difference between an executor…
WHAT DOCUMENTS TO KEEP AND WHAT TO SHRED
SPRING CLEANING TIME MEANS CLEARING OLD PAPERWORK With tax day over and the need to collect and forward any number of financial and tax documents to the government and with the coming of spring, it is time to turn to spring cleaning. The question should be asked, what paperwork…
HOW TO HELP YOUR EXECUTOR
CHOOSING THE RIGHT PERSON AND STEPS TO TAKE As noted in a previous blog, being an executor of an estate can be a thankless job. There are ways, however, that can allow you to make the job and life of an executor easier and less painful. It is a…
DYNASTY TRUST REEXAMINED
VERY SIMPLE CONCEPT This blog examined the dynasty trust in the past but it is time to reexamine certain aspects of the dynasty trust. The dynasty trust is a trust designed primarily to avoid the generation skipping transfer tax when a person wants to leave money to their grandchildren or…
BACK TO THE BASICS – MEDICAID PENALTY PERIOD
RULE OF HALVES Many people find themselves going into nursing homes earlier than expected and without the appropriate planning. Things happen in life to derail our best laid or thought out plans. With more and more elderly Americans living longer, the need for nursing home care is increasing and will…
AMERICAN BANKERS ASSOCIATION – SAFE BANKING FOR SENIORS
LARGE NEED TO REDUCE AND PREVENT FINANCIAL EXPLOITATION The American Bankers Association is looking to serve a large market that is only getting larger by the day. At the same time, they are working to shore up the larger financial markets in a larger effort to prevent financial fraud…
DIGITAL ACCOUNTS AND PLANNING
COMMON PROBLEM There is much talk lately of how to deal with email, facebook, twitter accounts, et cetera of people who pass away. For those of us who have friends or family who passed away and see their facebook account send a reminder to all of their friends on their…