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…
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New York Estate Planning & Elder Law Blog
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…
Issues to Consider before Creating a Living Will
Creating a living will is one of the areas of the estate planning that many people overlook. These documents, which are also sometimes referred to as advance health care directives, describe what types of life-prolonging measure an individual would like if they are placed on life support. Among other…
Estate Planning and Alzheimer’s
Following a diagnosis of Alzheimer’s, you and your loved one will end up facing a number of serious challenges. For one, there are a number of difficult emotions including fear and uncertainty about what the future holds. Second, there are a number of complex issues involving estate planning. …
Safeguarding Estate Planning Documents
Clients call this law firm asking for a copy of their will or other estate planning documents because they cannot locate the original all of the time. Our first response is to tell them that if they cannot find the original document, then they do not really have a will.…
4 Retirement Mistakes You Should Avoid
The retirement process is full of challenges. One of the best ways to make sure that you navigate this process successfully is to anticipate the various obstacles that lie ahead of you. The implementation of strategies to avoid or limit the severity of obstacles that do arise should be included…
Do You and Your Partner Have Identical Wishes Regarding Your Assets?
Some couples approach their estate planning lawyer seeking advice on creating a joint will. Generally, the estates lawyer will frown upon such a suggestion because in practice, joint wills are fraught with problems. A joint will can be created by a married couple and is a single will. A joint…
Estate Planning after the Death of a Spouse
There are few things as painful in life as the death of a spouse. In addition to weathering the devastating emotions like loneliness and sadness that accompany this process, it is still important to plan for your future as a widow or widower. Unfortunately in some situations, the surviving…
A Quick Guide to the SECURE Act
When it comes to preparation for retirement, an overwhelming number of American do not feel secure in their assets. Approximately only one in five Americans believe they have enough for retirement. This means that almost 50% of Americans have little or no confidence in their retirement savings. The Role…