New York Estate Planning & Elder Law BlogIn December 2019, the Setting Every Community Up for Retirement Enhancement (SECURE) Act was launched. Among the changes introduced by the Act, one of the most notable developments is that stretch IRAs have been eliminated. “Stretch” IRAs let a beneficiary gradually withdraw the balance from an IRA throughout that person’s life. As such, the Act […]
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How the Repeal of Stretch IRAs in 2020 Will Impact Estate Planning
Stretch IRAs refer to an estate planning strategy that was utilized to extend the tax-deferred status of an inherited IRA when it passed to a non-spouse beneficiary. Stretched IRAs allowed for continued tax-deferred growth. The SECURE Act, which was passed by the Senate on December 19, 2019, however, will end stretch IRAs. The most […]
Updating Your Estate Plan around Divorce
Deciding to get divorced presents several considerations. While things like what will happen to your children as well as where you will live are likely at the front of your mind, estate planning is likely something that you have not yet begun to consider. It is a good idea to both review and update […]
Lessons Learned from Hegadorn v. Dept. of Human Services
The Michigan Supreme Court recently decided the case of Hegadorn v. Dept. of Human Services, which involves the Medicaid spend down process. A “spend down” in this context refers to the process of reducing the assets of a person applying for Medicaid so the individual qualifies for Title XIX Medicaid coverage. Spend down also […]
When Equal Estate Distribution Isn’t Necessarily Fair
There are many factors that can influence how we decide to distribute our assets to heirs after our death. Most of the time, a large portion of our estate is left to our closest family members, including a spouse and children. However, determining exactly what we leave to those family members can be challenging especially […]
Do Not Act Too Quickly After a Passing
Much of estate planning involves preparations that can streamline matters in the aftermath of a death. The probate process can be long and drawn-out, forcing families to wait months before working out the basic details of asset transfer. Alternatively, by using trusts, the process can be far more seamless, saving time and taxes. Trusts are […]
Estate Plan Can Provide For Lifetime Care of Pets
Pet estate planning is growing in popularity as more jurisdictions have begun allowing residents to create legal documents to provide for their animals after death. Pet trusts are becoming an important part of the New York estate planning process as New York is one of forty five states that permit owners to create these entities. […]