While we don’t like to confront the thought, none of us lives forever. When we pass, we understandably want to leave as manageable a situation as possible for our loved ones. If we fail to create estate plans, our loved ones can end up facing many obstacles. Understandably, we want…
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New York Estate Planning & Elder Law Blog
Estate Plans Should Contemplate Pets
Many people find great enjoyment in sharing their life with a pet. Data reveals that about 90.5 million families in the United States own pets. For both people who are natural caregivers and those who require a pet’s companionship, pets can introduce a great sense of belonging to people. The…
Estate Planning Lessons from Rain Man
The 1988 film Rain Man was directed by Barry Levinson and is cited by many people as a favorite film. Rain Man tells the story of Charles Babbitt (Tom Cruise) who finds out that his estranged father has passed away and left all of his large estate and its associated…
How the Pandemic Impacted What Technology Is Used by Seniors
The COVID-19 pandemic has changed people’s lives in countless ways. One impact the pandemic had is convincing elderly adults to become nimble with technology. In recognition of this, a growing number of tech companies are focused on catering to the needs of older adults. For many elderly adults, using technology…
Answers to Commonly Asked Medicare Home Health Questions
The Center for Medicare Advocacy recently published a document answering various questions about Medicare’s home health benefits. In addition to a document answering frequently asked questions, the Center also published recordings of two webinars, “Medicare Coverage of Home Health Services”, which reviews the eligibility basics for Medicare coverage of home…
Minnesota Case Emphasizes Important Trust Management Lessons
In a recent opinion, a Minnesota Appellate Court rejected a petition to revise a trust’s terms to permit the early distribution of trust assets to beneficiaries. The court also rejected a request by the petition for the trust to pay attorney’s fees and held that the litigation was neither necessary…
Riverside v. Snukst: A Lesson on How to Avoid Trust Disputes
In the recent case of Riverside County Public Guardian v. Snukst, a California appellate Court resolved an issue involving the Medi-Cal program, which is California’s version of the federal Medicaid program. The program is overseen by the California Department of Health Services. In Riverside, the Department of Health Services pursued…
Lessons from Heiting v. the United States: Utilizing Claim-Of-Right Deductions
In the recent case, Heiting v. the United States, an appellate court denied a claim-of-right deduction in accordance with Section 1341 of the Internal Revenue Code. The case originated from an effort by a taxpayer to receive a tax refund from the Internal Revenue Service. Following a denial of the…
Federal Agency Increases Visibility about Fines Faced by Nursing Homes
The federal department tasked with overseeing nursing homes throughout the country recently announced it is revising its policy and will now publicly post details online about all fines received by care facilities regardless of payment status. This new policy’s announcements occur during a period of increased criticism due to the…
Court’s Expansive Interpretation of Abuse Act Widens Protection for Elder
As 2022 begins, one court case highlights the role of the Elder Abuse Act as well as the prevalent nature of elder abuse cases litigation involving trusts and estates. In the Ring case, an appellate court considered a loan scheme utilized to empty equity from a house retained as part…