Few people think about what will happen to their business after they die and therefore rarely put together a plan. Fewer may even think that a family or closely held business should be considered a part of their estate plan. However, for many small business owners, their financial interest in…
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New York Estate Planning & Elder Law Blog
The Law – Charitable Trusts
An Overview A trust is established by an individual, referred to as a settlor, who seeks to have their property held for the benefit of another party. When it comes to charitable trusts, the settlor intends to have their property or assets transferred for the benefit of one or more…
No One’s Favorite Inheritance
Parents believe that leaving their children the family home is a great boon but experience shows that beneficiaries are not happy with the bequest. For many people in the United States chances are that their house is their most valuable asset. It makes sense then for most parents to leave…
New York Medicaid Law – Pooled Trusts
Pooled Trusts Eligibility Pooled Trusts are a type of trust applicable to those individuals who are seeking public assistance benefits, such as Medicaid, to become eligible financially by setting aside funds in a trust for additional needs. The trust allows its beneficiaries to preserve a specified amount of money in…
IRS Proposal To Overturn Common Asset Valuation Planning Met With Fierce Resistance
Newly proposed IRS regulations meant to curb common estate and gift tax planning tactics is being met with a firestorm of resistance from financial advisers and estate planners across the country. The proposed regulations (REG-163113-02) place limitations on the use of current valuation discounts that reduce the overall value of…
Back To Basics: Witnesses and Your Will
It is common knowledge that in order for a New York will to be valid that there must be other people to witness you signing your will as well as putting down their own signatures on your will. Despite this knowledge though improper execution of the will is the most…
The Housing Issue and The Elderly
There are many factors that go into maintaining a budget in a family while also trying to save for the future. For Americans, the cost of maintaining a household has gotten continuously more expensive; the average cost of raising a child born in 2013 now costs roughly $245,000 for a…
Springing and Durable Powers of Attorney
The Durable Power of Attorney is a powerful estate planning tool that everyone should have. Properly drafted, a Durable Power of Attorney allows for the right person to be able to manage your affairs when you are physically or mentally unable to do so. However, a Durable Power of Attorney…
Common Estate Planning Mistakes
Planning how your assets are going to be distributed and for your health care needs is an important tool all adults, not just elders should utilize. However, over 60% of Americans have not made a basic will. There are many misconceptions about estate planning and the reasons for it, which…
The Rapidly Disappearing Inheritance
Beneficiaries Often Treat An Inheritance As A Windfall And Spend It As Such You spend your entire life working hard, accumulating wealth and you want to pass it onto your children, to provide for them and their families after you have passed. But will they appreciate your life’s earnings or…