As they look towards the end of their lives, most people want nothing more than to spend every day independent and in their own homes. In reality, however, this is not always possible. Deciding to play a loved one in a nursing home can be a difficult decision and can…
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New York Estate Planning & Elder Law Blog
Recognizing the Challenge with Naming Minors as Beneficiaries
Understandably, many clients want to appoint children or grandchildren to receive their assets. Appointing a minor beneficiary directly to an account, however, can present its fair share of challenges. Unfortunately, clients often assume that the estate planning process is complete after they sign a will and trust. These individuals often…
Medicare for 60-Years Is Not Always the Best Deal
President Biden as well as progressive Democrats have proposed lowering Medicare’s eligibility age to 60 to help older individuals obtain affordable coverage. A new study, however, has found that Medicare is more expensive than other options for individuals with modest assets. Two reasons exist why Medicare is more expensive: traditional…
Elderly with Functional Impairments at Higher Risk for Misuse of Prescription Drugs
A recent study from the Centers for Disease Control and Prevention found that 22 percent of older adults in the United States experience functional impairment which is characterized by the difficulty to perform daily living activities as well as challenges with concentration or decision making due to emotional, mental, or…
Court Reverses Injunction against Co-Trustees
In the recent Texas of Marshall v. Marshall, a beneficiary initiated legal action against a trustee as well as five co-trustees of two trusts addressing claims that they had breached fiduciary duties. After the original lawsuit was filed in Texas, the trustee filed a petition seeking declaratory relief and requesting…
Gun Safety and the Elderly
In the same ways that some elderly drivers prove dangerous behind the wheel, firearms also prove dangerous in the hands of some elderly individuals. One recent study of elderly gun owners found that many had debated placing restrictions on firearm access as they age, even though they often do not…
Utilizing Private Placement Life Insurance in Estate Planning
As we proceed into 2021 and emerge from the COVID-19 pandemic, many fundamental aspects of daily living have been challenged. Among many lessons people learned from the pandemic, one of the most critical ones is the importance of asset protection. Private placement life insurance provides individuals with the opportunity to…
After the Covid-19 Pandemic: Making Sure You Have the Critical Estate Planning Documents
With the increasing availability of the COVID-19 vaccine and the rate of COVID deaths dropping in New York, it’s a good idea to be optimistic about what the future holds and to take some time to review your estate plan. While some people need to start from the beginning, others…
Advice on Using New York Trusts for Asset Protection
When it comes to creating a trust to protect assets against various predatory efforts including financial elderly abuse, lawsuits, and undue influence, certain attractive trust features can be utilized. These features allow the person who establishes the trust to receive income as well as realize various other advantages. Remember, trusts…
A Quick Review of Medicare Changes in 2021
Many older individuals in the United States depend on Medicare to pay for health care needs. It can be challenging to determine what’s covered under Medicare and how much it costs. To make matters even more complex, there are various changes to the Medicare system each year. For example, at…