Estate planning can have ramifications decades (or even centuries!) after an individual passes away. On one hand, this is true because how one leaves assets and guidance to others can influence their long-term personal legacy. More specifically, however, planning can dictate legal matters far into the future. Whoever is in…
Of the many estate planning lessons pulled for the tragic death of Philip Seymour Hoffman in New York last month is the need to properly update your documents. Hoffman’s will was drafted nearly ten years earlier. It had not been changed to reflect his new life circumstances, particularly the birth…
Some New Yorkers eschew an estate plan because they assume their wishes are very simple. “I just want the kids to split it” is a common refrain. For one thing, default rules in the state do not automatically mean that children will split a parents’ assets. The only way to…
Making preparations for funeral services, burial preferences, and other memorial issues is a natural part of New York estate plans. These details have been a staple of the mourning and remembrance process for centuries. However, if trends continue, a new form of memory may be added to many plans: professional,…
The New York Medicaid program led the way in the last few years in implementing changes related to the Affordable Care and Patient Protection Act (Obamacare) signed into federal law by the President. The law is complex, but one key piece is an optional expansion of Medicaid benefits to state…
One of the more unique estate planning issues arising in recent years relates to “posthumous births.” This refers to a child who is born after one of their parents has already died. This was always a possibility, as a parent could pass away in the months after a child was…
The discrepancy in the law related to recognition of same sex unions may lead to some bizarre moves as part of an estate plan. That is particularly true when trying to avoid large tax burdens. For example, ABC News reported last week on a story out of Pennsylvania where a…
It is no secret that the federal budget (and many state budgets) are stretched thin as a result of rising healthcare costs. Medicare and Medicaid obligations make up a significant piece of the pie which has grown in recent years. In fact, the push to expand public healthcare options as…
Many New York seniors who need long-term care are enrolled in the state’s Medicaid program. In many cases the payments are made for care in skilled nursing facilities–traditional nursing homes. However, Medicaid also helps with various other types of care, including some at-home services and medical equipment. In general, the…
Long-term elder care is one of those tasks that most only think seriously about until it is needed–either for yourself or a loved one. However, as a growing chorus of advocates are sharing, if you wait that long it is probably too late to ensure that the available care is…