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…
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New York Estate Planning & Elder Law Blog
A Quick Guide to Revocable Trusts
Estate planning is a difficult activity, but it’s a necessary one. Many people, however, that estate planning is only necessary for the richest of the rich. In reality, most people can benefit from some form of estate planning. There are a number of different options when a person begins…
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…
Is Aging in Place the Best Option for You?
Transitioning to a nursing home or assisted living facility is a difficult period for most adults. A recent study conducted by AARP even reported that 9 out of 10 Americans prefer living in their own homes as long as possible rather than switching to a nursing home. The concept…
Affording Long Term Health Care
Millions of people find themselves in a middle class bind as they enter the midpoint of their retirement period. A good eight (8) to ten (10) years into retirement, many individuals are able to physically continue to live in their home and afford the upkeep and maintenance of their home…
The Role of Irrevocable Trusts: Taking Steps to Ensure that Loved Ones Receive Assets
One of the most important goals in estate planning is making sure that your assets are properly passed on to your loved ones. While irrevocable trusts at first glance might seem like they involve too much control, when utilized in the correct manner, they can be a valuable tool…
Medigap changes coming next year for future 65-year-olds
Beginning in 2020, Medicare supplement insurance policies, known as Medigap plans, will offer fewer choices to individuals who reach age 65 after January 1, 2020. Individuals who turn age 65 before 2020 will not be affected by these changes. The ABCs of Medigap plains Medigap plans, which are sold…
Supreme Court Hears Estate Planning Case
The Supreme Court recently issued a decision in a North Carolina case, which will likely have a limited but substantial impact on estate planning and tax-related issues. The case in issue concerned North Carolina’s taxation of Kimberley Rice Kaestner’s 1992 Family Trust for more than $1.3 million between the…