THE BASICS – FEDERAL LAW In 1965 federal law enabled the federal government to license nursing homes, under two categories; skilled nursing homes and intermediate care facilities that required less medical care and more personal care. In 1980 Congress enacted the Civil Rights of Institutionalized Persons Act which covered…
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New York Estate Planning & Elder Law Blog
INHERITING A LEASE
VALUABLE ASSET A residential lease in New York City or any desirable locale can provide many benefits. Some people wait years to get into a rent stabilized apartment. There is even a Seinfeld episode where Elaine quips that some people scan the obituaries to see if someone in a…
CAMERAS IN THE NURSING HOME
MANY ISSUES TO ADDRESS – PRIVACY AND LEGAL CONSIDERATIONS The issue of video cameras in nursing homes has exploded over the last several years. With the large scale saturation of such user friendly technologies as Skype, Facetime and similar video technologies it should not come as a surprise that…
ANTICIPATED CHANGES IN IRS RULES REGARDING FAMILY BUSINESS VALUATIONS
WHY IT MATTERS FOR ESTATE PLANNING Every year the Federal Department of Treasury publishes the greenbook which outlines the then current presidential administration’s revenue proposals, tax policies, job creation issues that relate to the Department of Treasury and other related fiscal and policy issues. The greenbook is scrutinized by tax…
BANKRUPTCY IN THE AGE OF RETIREMENT
RISING RATE OF SENIOR FILERS In 2011 a noted bankruptcy legal scholar at the University of Michigan Law School published a working paper where he documented the rise in the rate of bankruptcy filing rates for elderly Americans. While the overall rate was only seven percent of the bankruptcy…
INHERITANCE RIGHTS OF POSTHUMOUSLY CONCEIVED CHILDREN
GROWING LEGAL ISSUE The federal Department of Health and Human Services estimates that there are currently approximately 600,000 frozen embryos in the United States and the number continues to grow each year. Of these, it is estimated that approximately 60,000 could be implanted for full term pregnancy. In still other…
FINANCING LONG TERM CARE SERVICES AND SUPPORTS
A DEPLETED INSURANCE MARKET Many of us will likely find a need at some point with help for basic living functions due to infirmity, recovery from a catastrophic accident or simply from aging itself. Things such as bathing, cooking, taking medicine are all necessities that need to be addressed.…
ESTATE TAX CARRYOVER FOR SURVIVING SPOUSE
PORTABILITY In 2011 Congress revamped the estate and gift tax laws and legislated that the federal estate and gift tax exclusion amount was $5 million. This amount is annually adjusted for inflation; the 2015 maximum is $5.43 million. Any estate values less than this amount are excluded from estate and…
QUALIFIED TERMINABLE INTEREST PROPERTY TRUST
QTIP TRUSTS – WHAT IS IT? In our society, with divorces as common as it is, many people would likely benefit from a qualified terminable interest property (QTIP) trust. The QTIP trust gives a stream of income produced from a trust to a surviving spouse. That money passes without payment…
ADVANCES ON PENSIONS: IS IT PREDATORY LENDING?
GOVERNMENT ACCOUNTING OFFICE INVESTIGATION On September 30, 2015 the Government Accounting Office (GAO) issued a report following a 15 month investigation regarding advances to pensioners, secured by monies that the pensioner would receive in their pension. The same day the Senate Committee on Aging held hearings on this exact issue…