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New York Estate Planning & Elder Law Blog

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CHARITABLE ROLLOVER OF RETIREMENT ACCOUNT DISTRIBUTION NON-TAXABLE DISTRIBUTION FROM IRA

On December 18, 2015 President Obama signed the Protecting Americans from Tax Hike (PATH) Act, which made permanent, among other things, three rather popular charitable tax incentives were set to expire January 1, 2016. The most important provision of the PATH Act for estate planning purposes is the continued allowance…

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HOW LONG CAN IRS COME AFTER ME? THE SUMNER REDSTONE CASE

Sumner Redstone is an entertainment business mogul with a majority share ownership of CBS entertainment and Viacom, and through Viacom, BET and Paramount Pictures, all through his majority ownership of his family business, National Amusement, which originally started out in the drive in movie theater business during The Great Depression.…

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PROBATE OF VACATION HOMES AND PROPERTY OUTSIDE STATE

ANCILLARY PROBATE   It is not an uncommon scenario for a middle class family of even modest means to own a vacation home in another state. For those of us who love to ski, hike and explore, mother nature’s wonders on horseback, Vermont and Wyoming may be your choice. For…

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LONGEVITY INSURANCE – DEFERRED INCOME ANNUITY

Deferred income annuities are a financial product that, by definition, are paid in one premium and payout after at least one year after purchase. While they have been around for quite some time, although they are only beginning to come into their own as a part of a sound retirement…

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HOW REVOCABLE IS MY IRREVOCABLE TRUST

IRREVOCABLE TRUSTS COSTS AND BENEFITS Trusts are valuable estate planning devices that allow for the transmission of wealth with lower tax liability. When proper estate management is picked, they also allow for the creation of future income, potentially allowing for the life of the trust in perpetuity. Trusts also allow…

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PROTECTING YOUR FUTURE VIA POOLED TRUST ASSET ALLOCATION

COMMON LEGAL WAY TO PROTECT EXCESS INCOME         Unfortunately many means based programs, such as Medicaid, are strict in their qualifying criteria.  Depending on the specific facts you may not qualify for Medicaid and even as little as twenty dollars a month can make a difference.  There is no sliding…

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ESTATE PROPERTY INCLUDES TAX RETURNS DUE

The United States Tax Court recently decided a case where the issue was the role that a tax return due to the decedent played in overall estate tax liability. The Estate of Russell Badgett, Jr. et al v. Commissioner, T.C. Memo 2015-226 (Nov. 24, 2015) dealt with a very large…

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MORE ON SHORT TERM ANNUITIES AND MEDICAID PLANNING

SOME ANNUITIES DO NOT RENDER APPLICANT INELIGIBLE FOR MEDICAID   As this blog wrote about several months ago, certain financial products purchased by a Medicaid applicant do not render them ineligible for Medicaid benefits. While the previous post discussed why a short term annuity did not render a Medicaid applicant…

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BACK TO THE BASICS – SPECIAL NEEDS TRUSTS

STRICT ADHERENCE TO FORM On March 3, 2015 the Eighth Circuit Court of Appeals, sitting in Denver, Colorado, rendered an opinion in the case of Draper v. Colvin, where it explicitly admitted that it drew “a hard line” when it upheld the decision of the Social Security Administration that denied…

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