There are a number of threats that can change or even destroy estate plans. Three of the biggest current threats to estate plans include family conflict, market changes, and tax laws. These threats were articulated after a survey was conducted by TD Wealth at the annual Heckerling Institute on Estate…
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New York Estate Planning & Elder Law Blog
What to Do if You Are Left Out of Your Parent’s Will
Being left out of your parent’s will is a difficult pill to swallow. People are free to dispose of their property through a will as they see fit. Only spouses have some statutory protection against being cut-off from the other spouse’s will. If you are the child that has been…
Tips on Avoiding Will Writing Errors
Estate planning serves a valuable purpose. Done correctly, estate planning can include all of a person’s end of life goals. If mistakes are made during the estate planning process, however, an individual can end up facing countless obstacles including paying more taxes and uncertainties about beneficiaries. In an effort…
The Dangers of Do It Yourself Estate Planning
The AARP reports that 64 percent of Americans do not have estate planning documents. While “do it yourself” estate planning documents might seem attractive if you do not have an end of life plan, they are not without risks. The advantages of “do it yourself” estate planning are clear.…
5 Essential Steps of Quick Estate Planning
Every day, a countless number of people are exposed to sudden and unexpected emergencies. For people who do not have estate plans in place, these events can create very serious problems. Unfortunately when these events occur, a large number of people lack adequate estate plans. If you die without…
Lessons on Emergency Guardians from Gavin v. Loeffelbein
At the end of March 2019, the Pennsylvania Supreme Court heard the case of Gavin v. Loeffelbein, which concerns the appointment of emergency guardians. In the case, the Superior Court held that an emergency guardianship order automatically expired after a period of thirty days. In addressing this case, the…
Common Health Care Story: When Your Doctor Can Be Anyone
I recently went to the emergency room at my local hospital because I was experiencing severe flank pain. I thought it was my appendix, but instead I was diagnosed with kidney stones. That wasn’t the most unpleasant thing to occur to me on that very painful night. I arrived at…
Complex Issues involving Marijuana and Estate Planning Intersect
Since 1970, marijuana has been classified as a Schedule I substance under the federal Controlled Substances Act in addition to other drugs like cocaine, heroin, and LSD. The cultivation or possession of marijuana is a federal crime unless used for federally approved research. Despite these federal laws, various states…
Elder Domestic Violence
End of life planning is very difficult. On the one hand, you must understand what your assets are and contemplate how to dispose of them after your death in a way that is meaningful to you and the people or organizations you gift. On the other hand, you must identify…
Lessons on Domicile from In re Estate of Helms
In March 2019, the Supreme Court of Nebraska affirmed the decisions of a county court in the case of In re Estate of Helms. Many years after Helms was killed in a terrorist bomb, his estate obtained a wrongful death judgment in federal court finding that Helms was a domicile…