A recent story out of Virginia recently received a great deal of national attention. An 83-year-old grandmother of five and great grandmother of five received a “Notice of Lease Violation” from the management office of her assisted living facility. What was the infraction? It appears that Ms. Elsie Cruey…
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New York Estate Planning & Elder Law Blog
The Challenges and Advantages of Creating a Trust
While trusts grow in their popularity and usage, some people still encounter difficulties in creating a trust. One problem that some clients face is banks and financial institutions who create challenges in funding a trust. While this problem is not all that common, it is still helpful to understand…
Exemptions to the Bankruptcy Marital Exception
In the United States, married individuals almost always receive assets from their spouses without paying estate tax. One exception is the often-overlooked law involving marriage between a citizen of the United States and a foreign national. If you find yourself in this situation, it can create a unique challenge during…
How to Better Protect Your Assets from Creditors: Lessons from In Estate of Holdaway
A California Superior Court in the case of In Estate of Holdaway recently ruled in favor of a creditor who was attempting to collecting on a deceased person’s estate. Following the individual’s death in 2013, a creditor in 2014 filed a petition for probate and seeking compensation for $90,875 on…
Advantages of Non-traditional Estate Planning Tips
An increase in new types of family structures, new estate planning laws, and new types of assets has led to the use of many new non-traditional estate planning tips. Hopefully, by reviewing some of the non-traditional methods in this article, you will begin considering whether your estate will benefit from…
2018 Special Needs Trust POMS Revisions
Social Security Income (SSI) is a needs-based program administered by the Social Security Administration (SSA) to help people with disabilities pay for goods and services. In 2018, SSA made major changes to how Special Needs Trusts (SNT) are set-up and administered. What follows is a brief explanation of the program…
When Should You Get A POLST Order?
Is an advance directive enough to ensure that your wishes are followed when you cannot express them because of disease or illness that affects your ability to make decisions for yourself? Physician Orders for Life-Sustaining Treatment (POLST Orders) for short, are often confused with advance directives. These medical care planning…
How to Stop Hesitating and Finally Write Your Estate Plans
Many people understand that they should create an estate plan, but there are many reasons why they hesitate to do so. One of the most common reasons is that it can be difficult to accept that a person will not be around one day. If you die without an…
How Beneficiary Designations Can Complicate Your Estate Plan
Many people who have engaged in estate planning understand that beneficiary designations play an invaluable. Despite this, the value of beneficiary designations is overlooked by some people. After signing estate planning documents, it is critical to make sure that your beneficiary designations are consistent with the rest of your estate…
Changes to Nursing Home Compare Facility Information
Earlier this month the Center for Medicare Advocacy and the Long Term Care Community Coalition made a joint announcement regarding changes to the Nursing Home Compare website. Nursing Home Compare is a service provided by Medicare.gov to help prospective nursing home residents or nursing home residents and their families obtain…