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New York Estate Planning & Elder Law Blog

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A Quick Guide to Reverse Estate Planning

Estate planning relies on a countless number of assumptions. One assumption is that assets only flow in one direction: from older person to younger person. In reality, this does not always have to be the case. By making the most of some unconventional estate planning techniques, people can realize some…

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National Institute of Health Bill Widens Medicare Telehealth

A recent National Institute of Health (NIH) grant will make the most of electronic health records (EHRs), as well as intelligent machine learning, to better diagnose circulatory illnesses. The package in question will bolster access to telehealth and increase its benefits for several years.  This is not the only measure…

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Social Security in 2022 and Beyond

The Social Security Program is 86 years old and has become a fundamental aspect of how many aging people pay for expenses. Despite its vast importance, social security is full of challenges and weaknesses.  Estate planning professionals once referred to a “three-legged stool” for retirement planning in this country.  The…

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Alternatives to Living Trusts

You might have considered utilizing a living trust. Often, these trusts are a good idea if a person wants to maintain assets for loved ones without subjecting assets to significant taxes or probate. In reality, however, people often forget a whole range of other types of trusts including revocable and…

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Clark Case Provides Lesson on How to Avoid Family Estate Planning Disputes

In the recent case of Clark v. Clark, two brothers initiated legal action against another brother concerning the other brother’s ability to function as trustee of a trust as the result of a brain injury. The men’s mother established a testamentary trust previously that held family business and appointed the…

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7 Limitations to Medicare

With more people approaching the age of 65, a growing number of people are considering the potential benefits available from Medicare as well as other insurance options. Medicare A plays the critical role of paying for hospital stays as well as other services like skilled nursing facilities and hospice care.…

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Coronavirus Deaths Encourage New Elder Law Guidelines

Delegates for the Association for Behavioral Analysis’ recently approved several guidelines related to the news of older people in the United States during the Covid-19 pandemic. One of these proposals, Resolution 603, adopts recommendations from a Guardian Summit and ultimately encourages all regulators to incorporate these measures when revising guardianship…

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Understanding Special Administrators: Lessons Learned from In Re Estate of Jones

The South Dakota Supreme Court recently reversed a circuit court’s order denying a petition pursuing appointment of a special administrator to seek a wrongful death claim for a deceased man’s estate. The Supreme Court held that the circuit court abused its discretion in failing to address certain discovery motions before…

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