In this post we will discuss why digital assets should be incorporated in the estate planning process just as you incorporate all of your physical assets. We will also explore what are some of the initial steps to take when formulating an estate plan with digital assets. Step One: Understand…
Articles Posted in Elder Law
Help! My Father Gifted Me Bitcoin But No One Can Find the Private Key
Estates lawyers are increasingly asked to help surviving family’s members locate cryptocurrencies because their loved one collected them during their lifetime, didn’t include it in their will or updated will, and now no one can find it. Planning for cryptocurrency is more complex than digital asset planning. For starters, cryptocurrency…
Can I gift a digital asset?
This post provides an overview of digital assets by defining what a digital asset is and why digital asset planning is so important during the estate planning process. Digital asset defined A digital asset is an electronic record in which an individual has a right or an interest. Presently, the…
Types of Will Gifts or Bequests
As estate planning attorneys, we often meet prospective clients who understand the benefits of making a will and why it needs to be part of their estate plan. Their initial interest in a consultation is understanding the mechanics of the process – how is a will actually prepared. There are…
Finding Digital Assets When the Will Is Silent As to their Existence
This is the second part of a series on the estate administration process and tasks an executor must perform in order to carry out the wishes of the deceased person’s will. The first step is obtaining a declaration that the will is valid. The second step is having the Surrogate’s…
Why is a Will Important? Part I
Most people should have a will. Wills are the legal mechanism for distributing property, naming guardians for children and exceptional individuals, and cancelling out debts, among other tasks. Having a will guarantees that you, rather than New York State, decide who gets your property and how your affairs would be…
Deciphering Contradictory Nutritional Information
Every week it seems there is a new health alert about a new study of a common food item that directly contradicts nutritional norms. The latest to catch my attention was a story in USA Today linking hot tea to esophageal cancer. It starts with the headline, “Drink Hot Tea…
Loneliness
On April 5, 2019, Kathy Lee Gifford, the co-host of the fourth hour of the Today Show retired after 25-years working in daytime television. In an interview in AARP Magazine, she reflects on loss and loneliness. She states, “If you’re not careful, what you’ve lost in life can define you.…
What to Do if You Are Left Out of Your Parent’s Will
Being left out of your parent’s will is a difficult pill to swallow. People are free to dispose of their property through a will as they see fit. Only spouses have some statutory protection against being cut-off from the other spouse’s will. If you are the child that has been…
Common Health Care Story: When Your Doctor Can Be Anyone
I recently went to the emergency room at my local hospital because I was experiencing severe flank pain. I thought it was my appendix, but instead I was diagnosed with kidney stones. That wasn’t the most unpleasant thing to occur to me on that very painful night. I arrived at…