Are you a solo ager, or in some circles, an “elder orphan”? A solo ager is typically defined as a single, childless baby-boomer. Yet, a boomer may have children, but with whom there is no relationship, or in many cases, children who are simply pre-occupied with their own affairs. While it is likely that you…
By Salvatore M. Di Costanzo In certain circumstances, a revocable living trust must be strongly considered. To determine if a revocable living trust is an appropriate necessity, one must first understand its purpose. Unlike a Last Will and Testament (“Will”), a revocable living trust does not need to be probated upon one’s death. Probate is…
When I meet with people for the first time who are interested in estate planning, their focus is usually on after-death planning. Whether their concern is minimizing estate taxes, planning for minor or spendthrift children, or simply passing assets to the next generation as quickly and efficiently as possible, nearly every meeting begins with a…
In certain circumstances, a revocable living trust must be strongly considered. To determine if a revocable living trust is an appropriate necessity, one must first understand its purpose. Unlike a Last Will and Testament (“Will”), a revocable living trust does not need to be probated upon one’s death. Probate is the legal process of going…
You finally did it! You met with an elder law attorney to “put your affairs in order”. Like most people, however, you have done nothing with your estate plan since meeting with your attorney other than to file your documents with the rest of your personal papers. As I tell any clients, your estate plan…
Remember, the purpose of a revocable trust is to avoid probate and following fact patterns make it a necessity to use a revocable trust. Owning property outside of New York State If you own property outside of New York State in your individual name, a proceeding must be commenced in the other state to transfer…
For many families, a good portion of their wealth exists through the equity in their home. The home may also be the most sentimental asset as it carries many memories and emotional ties. We often counsel clients on different planning techniques to protect the home where Medicaid is contemplated to pay for nursing home or…
This is a very common issue with revocable trusts and it results from not respecting the formalities of the trust. In order for a revocable trust to work as intended, that is, to avoid probate, your assets must be transferred to the trust. For instance, if you own a house, the deed needs to be…
The answer to this question is dependent on the County you live in. Regardless, the probate process can take quite some time and delay the distribution of assets to your heirs. The probate process begins by retaining us to prepare certain documents that must be filed with the Surrogate’s Court in the County where the…
It is worth noting at the outset that there are many types of irrevocable trusts. I think it is safe to assume that when you reference an irrevocable trust, you are speaking of the trust that we regularly use to protect your assets if you need to apply for Medicaid in the future. For our…
This is a real fact pattern. I recently met with a family whose 86 year old Mother was admitted to a nursing home for dementia. They sought my assistance in obtaining Medicaid eligibility to pay for the nursing home, which cost $15,000 per month. Mother is still on Medicare which pays for the first 100…
At some point, most people experience that enlightening moment when they realize there is a risk of losing their assets if they fall ill and require long-term care. Some will contact an elder law attorney and receive sound advice; others will contact their friends and relatives, who after all, usually know more than most attorneys…
Estate planning documents need to be regularly reviewed. I often tell clients to review their estate plan every three to five years or upon the occurrence of a significant life event such as a birth, marriage, divorce or death. Documents should also be reviewed for changes in the law. One of the benefits to connecting…
Many people are unsure as to whether a Last Will and Testament (“Will”) is sufficient to accomplish their estate planning goals and objectives or if a Revocable Trust (“Trust”) is the more pertinent planning technique. Adding to the uncertainty is the plethora of propaganda disseminated by attorneys who promote trusts. Both serve a purpose but…
In Yorktown, NY and the surrounding community, I often see the homestead as the single most valuable asset of an estate. The “American Dream” is to own a home, create memories there, and one day, leave it to your children. However, without proper planning, the dream can soon turn into a nightmare if nursing home…
In a perfect world, everyone would craft an estate and elder care plan well in advance of having to implement it˗ but the world isn’t perfect! I have had the opportunity to work on a fair amount of cases where clients, who had no estate or elder can plan, fell ill or became disabled. In…
