While I cannot say whether there are mistakes in your estate planning documents, the wording of your document may be confusing to you as a non-attorney. Legal documents contain a great deal of legalese. For purposes of this response, I am assuming that you are leaving all of your assets to your children. First, it…
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…
Leaving assets to your children gives rise to many considerations. For instance, if the child is a minor, you do not want assets passing to that minor child outright. Even if the child is not a minor, there is a widely accepted sentiment that most children should not take total possession and control of…
An integral part of our practice involves planning with the assets of individuals who are disabled or have special needs. These individuals are usually persons who have developmental disabilities, mental illnesses, or who suffer from other severe and chronic or persistent disabilities. We commonly refer to these individuals as supplemental needs beneficiaries and the primary…
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…
If there is one unavoidable consequence of life and relationships, it is that our loved ones may fall ill at some point, whether it be a parent, grandparent, child, aunt or uncle. Sometimes it could be a tragic accident or disease that affects them, and other times it is simply part of the aging process….
Nearly every aspect of estate planning and elder law requires an attorney to assess a client’s legal capacity. As elder law attorneys, we are regularly working with individuals who have some form of cognitive impairment such as dementia or Alzheimer’s Disease. A common assumption is that someone with dementia or Alzheimer’s cannot sign a Last…
As the parade route approached, I captured my first glimpse of the Grand Marshal. He was a 93 year-old seasoned World War II veteran who exuded confidence, honor and pride. Accomplished in ways that many of us will never experience; a true hero. It was Memorial Day 2016, and the Grand Marshal was my Uncle….
I recently entered the world of beekeeping. When contemplating this new hobby, I obviously vetted my ideas with friends and family (not the neighbors). Their responses were comical and in all cases, far from the truth. Sitting down to write this piece I thought, this is no different than the practice of elder law. So…
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…
Traditionally, Thanksgiving is the one holiday when the entire family is all together in one place and time. It is common for children who have moved away from their parents, for work or financial reasons, to return home during the holiday season. The holidays present a great opportunity for families to discuss sensitive topics which…
