This is the second post in a two-part series on the opioid crisis at home. Addiction, the subject of our first post, is not the only opioid-related impact on older adults. The following post will examine the rise in elder abuse tied to the opioid epidemic. I assisted a client…
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New York Estate Planning & Elder Law Blog
Reasons to Routinely Update Beneficiary Designations
Many of us don’t keep our assets in tangible items. Instead, many people’s assets are retirement accounts including 401(k)s, IRAs, and worker benefit plans. One way in which retirement accounts differ from more tangible assets is that wills do not dictate how individual accounts are disposed. As a result,…
Irrevocable Trusts and Divorce: Words of Caution
A recurring theme in estate planning is that it is not a once and done activity. Instead, it is critical to revise estate plans following major life changes. One of the countless life changes that many people still do not think necessitates changes to estate plans is divorce. In…
Important Details You Should Know about Federal Estate Tax
The federal estate tax is a tax that is placed on a person’s estate after death. While many people are familiar with this general concept, they have a number of more specific questions about what the federal estate tax does and does not include. For one, many people…
Preventing Deed Fraud and Mortgage Scams
New York Governor Andrew Cuomo signed a group of bills intended to increase consumer homeowner protections. By press release, the Governor’s office announced three important improvements in an effort to strengthen homeowner safeguards and close loopholes to prevent deed fraud and mortgage scams. Unbeknownst to the homeowner, deed fraud…
Divorce and Estate Planning: Advice to Follow
It’s a tale as old as time. A couple is married for several years and during that time, the couple successfully grows a small business into a million dollar one. The couple’s marriage ultimately does not last and they divorce. Because the couple is still young, they do not have…
Lessons Learned from Northport Health Services v. Posey
The Eighth Circuit Court of Appeals in Northport Health Services v. Posey recently reversed a lower court’s decision to grant summary judgment in a wrongful death action. One son in the Posey family in this case had signed the admission agreement of his brother at a resident rehabilitation center owned…
How to Retain Control over Medical Decisions if You Become Incapacitated
One of the great challenges of estate planning is that most of the decisions made will be carried out after a person is no longer alive. For some people, this means that they need not worry about estate planning because they will not be around to see how it…
Estate Planning Advice for Remarried Individuals
No matter if you are in a second or subsequent marriage, individuals who have been previously married often face a number of unique issues that influence the estate planning process. As a result, it is critical to take these factors into consideration when performing estate planning. By following these…
Deciding what State Law Should Apply to Your Trust
There are a number of complex issues involving the creation and administration of a trust. One of these issues involves which state’s laws should apply to the trust’s administration. The best estate planning lawyers often discuss with clients the differences between available estate laws so the best possible results…