In the last few decades, the rate of divorce among middle-aged as well as older people in this country has risen. Studies of the issue have discovered that in recent history, the divorce rate for people over the age of 43 in the country has substantially increased. This increase in…
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New York Estate Planning & Elder Law Blog
Issues that Could Invalidate a Will
When considering whether to dispute a person’s will, you should review what factors exist that might suggest a successful basis for challenging the will. While these are an almost unlimited number of factors that exist, some particularly common issues arise concerning wills and resulting challenges. # 1 – Last-Minute Changes…
Biden Regulations Do Not Qualify Families As Essential Caregivers
When the Biden administration proposed new nursing home regulations recently, some people were content while others were confused. The regulation establishes minimum staffing requirements as well as advocates for stronger regulatory oversight and improved public details about the quality of nursing homes. These measures have been the subject of advocate…
Restraining Orders by the Elderly Can Help Avoid Estate Planning Pitfalls
In some situations, courts throughout the country are able to stop other individuals from altering an elderly individual’s estate plan. In one recent case, White v. Wear, the appellate court considered the creation of a restraining order blocking the respondent from performing any alternatives to estate plans. The order might…
The Role of the Stop Unfair Medicaid Recoveries Act
Current federal regulations require Medicaid programs run by states to try to recoup the cost from estates of recipients who have since passed away even if the state would rather not pursue such recovery. Medicaid programs must pursue compensation for the cost of nursing home services as well as home…
Instability in Nursing Home Staffing Impacts Resident Quality of Care
Nursing home staffing levels frequently decreased on weekends. In 2018, the Center for Medicare and Medicaid Services distinguished facilities with low staffing on weekends and ordered states to perform surveys in a section of those locations on weekends. In January 2022, the Center started posting weekend staffing levels at nursing…
What to Know About New York’s Estate Tax Cliff
New York’s estate tax cliff can lead to heirs in the state paying estate tax at a rate that surpasses 100%. The existing per-person New York state estate tax exemption is $6.11 million. This is the amount that a person can pass on to heirs at his or her time…
Start-Up Poised to Make Estate Planning Accessible to Everyone
The estate planning start-up, Wealth, is pursuing a $180 billion U.S. market by utilizing a digital dashboard that updates holdings in real-time. Many technology companies have offered potential approaches to solving these issues ranging from WillMaker to EverPlans. The CEO of Wealth has stated that he believes his company is…
What You Need to Know about Living Trusts
If you’re creating a plan for what will happen to your estate after you pass away or become incapacitated, you’ve likely familiar with the advantages you can realize by creating a living trust. Items positioned in a trust do not pass through probate, which can be a costly and time-intensive…
How to Avoid Disagreements with Trustees
In the recent case of MBM Family Trust, one party initiated legal action against another concerning a foreign judgment. The party who initiated the lawsuit later added a trustee of a trust that the plaintiff claimed helped the defendant conceal assets. The trustee pursued a special appearance and argued over…