It is a common problem for New York residents: how to protect your ailing parents’ assets. For many families, the largest asset is the family home. Many seniors spent their entire lives pouring money into their home, with property rates increasing over the years, the home is a significant asset…
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New York Estate Planning & Elder Law Blog
Prenuptial Agreements in NY – Part 2: Challenging The Validity Of A Prenuptial Agreement
To challenge the validity of a prenuptial agreement, one looks to see if any of the above elements were abused or not satisfied. This can include– 1. Duress- A prenuptial agreement can be voided if one party was pressured or coerced into signing it. Duress also can be shown if…
Elder Financial Exploitation- A Fancy Term For Financial Abuse Of The Elderly
Elder financial exploitation is a nuanced term for a growing problem–the financial abuse of the elderly. Financial abuse of the elderly is a growing concern in today’s society. There are more senior citizens now than ever before and many of them are institutionalized or require help to get by in…
Prenuptial Agreements in NY – Part 1: Enforceability
Every year, over 2 million people get married in the United States. In the same year, almost 900,000 people get divorced. Broken down even further, approximately 50% of all first marriages, 67% of all second marriages, and 74% of all third marriages end in divorce. With these statistics, it should…
Common Reasons for Contested Wills in New York
Many people know that having a will is necessary in order to properly ensure the deceased’s wishes are followed and desired transfers are carried out once they are gone. However, the importance of having the proper documentation in place does not end there. Careful estate planning is crucial to a…
Back to the Basics: What is the Difference Between Revocable and Irrevocable Trusts?
While many New York residents familiar with and have an existing will in place in the event of their death, most people do not realize that estate planning documents extend far beyond a last will and testament. The world of estate planning documents includes not only living wills and advanced…
Be Aware of Cemetery Rules & Guidelines
Delineating funeral and burial wishes is a common part of estate planning. Everyone has unique desires about their final resting places, incorporating personal, spiritual and religious preferences. In addition, the perspectives of surviving family members are also taken into account. That is because spouses and children may wish to remember…
New 2014 Cost of Long-Term Care Study Released
Residents throughout New York continue to experience “sticker shock” when exploring their long-term care options. Whether you are planning for possible needs in the future or working quickly to secure support for an ailing loved one, there is a good chance you may be surprised by the overall costs of…
Dispute Over Documents Settled Between Harry Belafonte & MLK Estate
Even after a loved one is gone, disputes over his or her estate can continue to arise. For example, nearly forty-six years after the 1968 assassination of Martin Luther King, Jr., his estate is still involved in legal battles. Most recently, the King estate was in conflict with singer and…
Pet Trusts, Dementia, & Senior Exploitation
Seniors suffering from Alzheimer’s disease or dementia are at an increased risk of financial exploitation. Each health condition results in a progressive cognitive impairment that can be taken advantage of by the unscrupulous. As a recent true story from Massachusetts illustrates, Alzheimer’s disease can render seniors susceptible to even the…