New York Estate Planning & Elder Law BlogTrusts are either irrevocable or revocable. Many people prefer revocable trusts because they want to avoid placing their assets into a trust whose terms they can never change. Simply put, irrevocable trusts are trusts that cannot be modified or terminated without the permission of the trust’s beneficiary. After passing assets into the trust, a […]
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3 Pieces of Advice on Selecting a Trustee
If you decide to establish a trust, you will likely need to select someone to make sure that the trust is administered in accordance with your wishes. A trustee is a person who assumes the position of managing a trust’s assets. The regulations to which the trustee must comply are contained in the terms of […]
Frequently Asked Questions About Qualified Personal Residence Trusts
For many people who pass away, their home is their most valuable asset. As a result, several estate planning strategies are utilized to hide such an asset. One of the most common estate planning tools used to transfer assets is a qualified personal residence trust. Such trusts allow the creator to avoid potentially substantial tax […]
A Quick Guide to Spousal Lifetime Access Trusts
While the coronavirus pandemic has left many people uncertain about what the future holds, now might be an excellent time to take advantage of a historically low tax environment. Although it is unclear how long rates created by the Tax Cuts and Jobs Act of 2017 will remain low, remember that many provisions of this […]
3 Ways to Transfer Property to a Special Needs Trust
Special needs trusts perform the valuable role of keeping a person eligible for government benefits like Medicaid and Supplemental Security Income (SSI) while also paying for services in addition to what the government can offer. If you make the decision to establish a special needs trust for a loved one, many assets will likely be […]
Using a Will to Place Assets into a Trust
Many estate planning strategies can be utilized to achieve your goals. One of the most common techniques that people utilize to achieve tax and asset management goals is placing assets into a trust, but there are many complexities about how trusts operate. Among the various options for funding a trust, you might have heard about […]
Remedying Estate Planning Mistakes with Trusts
Even the most cautious and informed people sometimes end up making estate planning mistakes that result in unintended consequences for loved ones. A trust might have become outdated due to the introduction of new laws. Or, unforeseen life events might have left a person’s estate planning goals impossible. As a result, it is vital to […]
What Separates ABLE Accounts From Special Needs Trusts?
Estate planning is difficult, but for loved ones with special needs, the process can be particularly challenging. Besides worrying about the type of care your loved one will receive, you are likely overwhelmed with many other questions including who will manage finances and whether the person will be able to receive benefits without being disqualified […]
Critical Advice when Selecting a Trustee
Creating an estate plan is not easy. That’s just one of the many reasons why people delay planning for the future. One of the common challenges that people must solve is deciding who to appoint as a personal representative/trustee. Pick incorrectly and there is a substantial risk that the goals you have for your trust […]
Deciding Whether to Create a Trust for Children
If your children are younger than the age of age, it is worth considering how you would like to pass on your assets. Because trusts are growing in popularity, this article reviews some of the important issues that you must consider if you are considering creating a trust for your children. # 1 – […]