John Smith, who has dementia, need nursing home care at $160,000 per year. His two children, Chris and Danielle, have no access to his bank checking account and his other assets because there is no Durable power of attorney in…
Retirement accounts are commonly one of our clients’ largest assets. These retirement accounts represent the fruit of a lifetime of labor, years of tax-deferred appreciation, and what many hope will be a lasting legacy that will help their children/beneficiaries in…
In making the decision to meet with an estate planning attorney to create a Last Will and Testament, you will need to decide who to nominate as your Executor. Among other responsibilities, your Executor is the person that will be…
With the federal and New York state tax exemptions being so high ($11.18 million and $5.25 million, respectively), clients with family businesses held in an S-corporation are less focused on reducing estate taxes and are more focused on avoiding probate…
What is the IRA Charitable Rollover and how does it work? The Individual Retirement Account (“IRA”) Charitable Rollover is a “Qualified Charitable Distribution” which allows the IRA owner, who is 70 ½ or older, to make tax free gifts of…
As Elder Law attorneys we are keenly aware of the many serious issues that impact the senior citizen population. We take great pride in being advocates for our senior clients and strive to educate our clients and the general population…
In New York State, in order to contest a person’s Last Will and Testament, the challenger must have the right to do so. This right is known as “standing”. A challenger has standing under the following circumstances: When he or…
A homestead is defined by Medicaid as the primary residence occupied by the applicant, the applicant's spouse, or the applicant's minor, disabled or blind child. A homestead is exempt for purposes of Medicaid eligibility under certain circumstances. The law limits…
Usted quiere a su mascota y quiere asegurarse de que se ocuparán de ella cuando usted fallezca. Después de tomar esa decisión, la mayoría de la gente sigue sin saber qué arreglos hay que hacer.
Un fideicomiso para animales de compañía es un acuerdo legal para el cuidado de uno o más animales de compañía en caso de que el propietario fallezca o quede incapacitado para cuidarlos. El Estado de Nueva York otorga autoridad legal para el beneficio de las mascotas en virtud de la Ley de Sucesiones, Poderes y Fideicomisos, Capítulo 17-B.
An individual’s estate plan should include legal documents that authorize a person of your choosing to make the necessary financial and health care decisions for you in the event you are unable to make your own decisions. Every adult individual…