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New York Estate Planning & Elder Law Blog

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Gifting to Minors

Gifting to minors raises some unique considerations. For one, people under the age of eighteen lack the legal capacity to own assets.  The Uniform Transfer to Minors Act (UTMA) was created to protect assets that are passed on to minors.  This act determines when minors can receive an inheritance for…

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A Baker’s Dozen Reasons to Use a Trust

Trusts can shield your assets from the high cost of home care making you eligible for home health aides through the Medicaid program. Trusts start the five year “look-back” for institutional care, making you eligible for Medicaid benefits to pay for a nursing home. Trusts can ensure the inheritances you…

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Asset Protection is Inheritance Protection

Two overriding questions govern your choices in an elder law estate plan. First, what will happen to your assets when you pass away? Second, what will happen to your assets if you need long-term care? A comprehensive plan covers both issues. You must protect assets from going to long-term care…

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Taxation of Trusts

Revocable living trusts, where the grantor (creator) and the trustee (manager) are the same person, use the grantor’s social security number and are not required to file an income tax return. All income and capital gains taxes are reported on the individual’s Form 1040. Irrevocable living trusts come in two…

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You Cannot Disinherit Your Spouse

New York law prevents spouses from being disinherited. Instead, a spouse who is disinherited may go to court and claim their “elective share” which is the greater of fifty thousand dollars or one-third of the estate. Questions often arise as what the “estate” of the deceased spouse consists of. Naturally,…

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