In 1997, Ashley Sveen purchased a life insurance policy. Later that year, Ashley married Kaye Melin and named Melin as primary beneficiary on his life insurance policy. Sveen also named his two adult children as contingent beneficiaries. Several years later, Minnesota amended its revocation on divorce. Sveen and Melin…
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New York Estate Planning & Elder Law Blog
Lessons from Groucho Marx: Reducing the Risk of Elder Abuse
By the time that the legendary screen actor and comedian Groucho Marx became a senior citizen, he had a difficult time making a number of decisions regarding his daily life. During this time, Marx’s companion, Erin Fleming, was accused of elder abuse and experienced a deterioration in his relationship…
Estate Planning Challenges Faced by Unmarried Couples
Statistics show there are an increasing number of older individuals who are divorcing later on in life. There is also an increasing number of individuals who are discovering that living together as an unmarried couple has its advantages. According to the United States Census Bureau, the number of unmarried…
The Elements of a Successful Inheritance Trust
Creating a successful inheritance trust is not easy. In some situations even when a family believes that they have created a well-written inheritance trust, they have failed to address a number of complexities including those involving incompetency. This article reviews some of the elements that should be included in an…
How to Neutralize Challenges to Your Will
There are a range of situations that could prompt a parent to disinherit a child. For example, some children completely ignore their parents. An extreme example is when an adult child tries to commit his parent to a mental institution. A more common example are situations where an adult child…
Estate Planning and Cryptocurrency
The introduction of cryptocurrency has created a number of new issues, which includes how these digital assets should be addressed in a person’s estate plan. Because the Internal Revenue Service has classified cryptocurrency as property capable of being taxes, it is possible to dictate how ownership of cryptocurrency should be…
4 Pieces of Advice on Selecting an Executor
After the devastation of accepting the loss of a loved one subsides, it can be challenging to determine how to best process. Unless you have navigated this process before, performing the various tasks asked of an executor can seem overwhelming. As a result, this article reviews some pieces of…
What Are Marital Trusts?: Lessons learned from Comptroller v. Taylor
An appellate court recently reversed in part and affirmed in part the judgment of the Court of Appeals concerning a decision by the Comptroller of the Treasury to include the value of a marital trust in an estate in a tax assessment. The trust contained qualified terminable interest property that…
Lessons Learned from In re Peter Val Preda Trusts
The Vermont Supreme Court recently heard the case of In re Peter Val Preda Trusts, which introduced some important estate planning issues that all individuals interested in creating trusts should understand. Both the individual who created the trust as well as his wife were deceased. In June 2018, the…
How to Deal with Out-of-State Assets in an Estate Plan
It is not uncommon in our region for people to own real property outside of New York State. Increasingly, people own other home or investment properties out of state and even out of the country. A will generally disposes of all of an individual’s assets. The rules are different however…