The crisis brought by COVID has served as a stress test for many of the laws and regulations effecting our nation’s seniors. The power of attorney, a document that gives one person, the agent, the legal power to act for another, the principal, fills a dire need to put control…
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New York Estate Planning & Elder Law Blog
How the Covid-19 Pandemic Has Increased the Risk of Elder Fraud
The elderly are at risk of financial abuse, and unfortunately, the Covid-19 pandemic has led to an increase in the rate of financial abuse. Abusers are known to look for individuals who are particularly vulnerable and factors like death, incapacity, health challenges, and diminished capacity can all lead a person…
California Court Decides Sonoma Trust Case
A Court of Appeals in California recently affirmed a trial court’s award of attorney fees to a trust. This decision came after the trust tried to enforce a conservation easement. The defendants in the case owned land and were accused of intentionally violating an easement. This case raises an important…
Are Lifetime Gifts Right for You?
One of the primary purposes of estate planning is to appoint someone to handle your estate after you pass away as well as describe how you would like your remaining assets distributed. Many people decide that the best way to pass on assets is to family members, which often include…
Should You Revise Your Estate Plan After Your Children Age?
Perhaps at the beginning of your marriage, you met with an estate planning attorney. If children have recently entered your life, however, it’s important to make sure that your estate plan contains various important details. This article reviews just some of the most key considerations that you must have if…
Saving Wakanda: Estate Planning Lessons from Chadwick Boseman
One of the most undesirable situations in the field of estate planning is a person becoming incapacitated or passing away without the proper estate plans in place. To die intestate means that a person passes away with no legal will. This means that if a person intestate, the distribution…
Important Estate Planning Issues if You’re Moving Abroad
The Covid-19 pandemic has caused some people to leave the country. There also many other reasons why people choose to take residence in a foreign place including job opportunities or to live closer to loved ones. If you’re planning on moving out of the country, it’s critical to understand some…
Advice on Planning for Nursing Home Care Cost
Data shows that more than 11 million Americans currently need some type of long-term care due to chronic illnesses and conditions. Statistics also show that over a million Americans reside in long-term care facilities. Over half of these residents are between the ages of 75 to 94. Many times, long-term…
Lessons Learned from In Estate of Tillotson
In the recent Texas case of In Re Estate of Tillotson, the administrator of a deceased individual’s estate filed a motion to have the deceased individual’s husband turn over the deceased individual’s community property interest in several accounts. When the trial court granted the motion, the surviving spouse appealed. …
Considering Medicaid If You’re Under 65
Nursing home Medicaid requires recipients to either be over the age of 65 or blind or disabled. Unfortunately, an increasing number of families are searching for long-term care while the recipient is still below the age of 65. Many of these individuals are just a few years short of 65…