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Wills, Trusts, and Estates


Protecting Spouses of Medicaid Applicants: 2023 Guidelines
The Centers for Medicare & Medicaid Services (CMS) has released the 2023 federal guidelines for how much money the spouses of...

Salvatore Di Costanzo


Does Your Estate Require Liquidity?
Dear Mr. Di Costanzo: Why do I need a Will or Trust if all my accounts have designated beneficiaries? Beneficiary designations are...

Salvatore Di Costanzo


Your Power of Attorney Dies With You!
Dear Mr. Di Costanzo: Can I act under my father’s power of attorney after he dies? One of the most important estate planning documents...

Salvatore Di Costanzo


Significant Changes to the Power of Attorney Law
On December 15th, 2020, Governor Cuomo signed into law legislation substantially amending the New York General Obligations Law, which is...

Salvatore Di Costanzo


Using Trusts to Protect your Children
An inheritance can be easily dissipated if your child is a spendthrift, has bad habits or is involved with a divorce. A trust can ensure...

Salvatore Di Costanzo


Do I need to disinherit my disabled child?
I’ve seen plenty of families disinherit a disabled child by leaving the family assets to non-disabled children under the theory that...

Salvatore Di Costanzo


Turkey, Football and Estate Planning
Traditionally, Thanksgiving is the holiday when the entire family, for better or worse, comes together. After the melatonin calms...

Salvatore Di Costanzo


Using a Medicaid Trust Without Losing Control
Over the years, I have found that one of the biggest obstacles preventing clients from pulling the trigger on a Medicaid Trust is the...

Salvatore Di Costanzo


Are my estate planning documents valid if I move to another state?
If properly drafted and executed, certain New York estate planning documents, such as a Last Will and Testament (“Will”) or a trust...

Salvatore Di Costanzo


Do I need to accept my Nomination as Executor?
When someone nominates you as the Executor of their Last Will and Testament (“Will”), you are not obligated to accept such nomination. In...

Salvatore Di Costanzo


If I update my Estate Planning Documents, may I destroy the previous versions?
While the drafting of new estate planning documents generally replaces previous versions, we generally advise our clients to preserve...

Salvatore Di Costanzo


Do you understand who will inherit your Estate if you die without a Will?
Co-Authored by Joanna C. Feldman, Esq. Do you understand who will inherit your Estate if you die without a Will? We recently read an...

Salvatore Di Costanzo


How should I deal with my Personal Belongings in my Last Will and Testament?
Personal belongings, such as jewelry, coin collections, furniture, photographs, family heirlooms, and other items of sentimental value...

Salvatore Di Costanzo


Does Your Estate Plan Need Updating?
Regardless of whether your estate plan is basic or complex, it is important to review the plan every few years for reasons that include...

Salvatore Di Costanzo


Do I still need a Last Will and Testament if I designate beneficiaries for all of my assets?
Co-Authored by Joanna C. Feldman Many people ask whether – or even why – they need a Last Will and Testament (“Will”) if they designate...

Salvatore Di Costanzo


Gift Tax
How much can I gift each year? Most people think you can only gift $15,000.00 per recipient in 2019. You might be surprised to hear that...

Salvatore Di Costanzo


What can I do if I have specific wishes regarding my burial?
First and foremost, I recommend that you have an open discussion with your family about the disposition of your remains. These are very...

Salvatore Di Costanzo
What three documents should someone have if they’re a bit too young for a Medicaid Trust?
Co-authored by Joanna C. Feldman This question was recently asked at an event we hosted during which we discussed strategies to leave a...

Salvatore Di Costanzo
Is Your Revocable Trust Flexible?
Change is inevitable, and it comes in many shapes and sizes. Death, disability, and divorce are three of the most common changes in life...

Salvatore Di Costanzo
My Will doesn’t mention my children by name. Is there a mistake?
While I cannot say whether there are mistakes in your estate planning documents, the wording of your document may be confusing to you as...

Salvatore Di Costanzo
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