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…
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New York Estate Planning & Elder Law Blog
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…
Needs of Aging LGBT Community
Families today, as always, come in all shapes and sizes. This includes sexual orientation. As gays, lesbians, bi-sexual, and transgender people (LGBT) age and move into retirement communities, nursing homes, and assisted living facilities, how welcome are they? An individual who has lived a good life at 85 wants to…
Advice on Avoiding Probate from Jones v. Brewster
In March 2019, the Alabama Supreme Court heard an influential estate planning decisions. The case was initiated by Chris Jones, who appealed a circuit court decision regarding a will contest about a will written by Jones’ father. Chris Jones initially filed the case in probate court because the probate court…
A Reminder on Non Charitable Deductions from Dieringer v. Commissioner
In a case that provides an important lesson about the role of charitable deductions, The Ninth Circuit recently affirmed a tax court’s decision to sustain a deficiency against an estate because the estate had overstated its amount of charitable deductions. In the case, Ahmanson Foundation v. United States, the Ninth…
Health Alert: Seniors and Mental Illness
Mental illness is hard to spot in people. This is especially true for seniors. Part of the difficulty with identifying who may be suffering from a mental illness is the social stigma associated with mental illnesses and treatment for mental illnesses. If you yourself are experiencing cognitive decline because of…
Under the Radar: Autism in Seniors
Much needed attention is shined on children with autism. Recognizing signs of autism early during a child’s development to begin treatment and education relating to the disease for parents and caregivers has contributed to heightened awareness of the disease and its challenges. Less attention, however is being directed to seniors…
How to Reduce the Risks Associated with Estate Planning
There are a number of risks associated with the estate planning process. Some of the risks involved with estate plans include how interest rates will change and how old the creator of the estate lan is when they die. Not to mentions, tax laws change frequently and depending on the…
Pro Se Proceedings Advice after Pappas v. Phillip Morris Inc.
In February 2019. The 2nd Circuit Court of Appeals heard the case of Pappas v. Phillip Morris, in which the plaintiff pursued Connecticut state law liability claim on behalf of her deceased husband’s estate. The district court previously dismissed some of the plaintiff’s claim on the basis that Connecticut did…
The Key to Happiness in Nordic Countries is Reading, Coffee and Saunas
Jimmy Soul wrote a song in 1963 called If You Wanna Be Happy. He suggests the following in his classic hit song: “If you wanna be happy for the rest of your life Never make a pretty woman your wife So from my personal point of view Get an ugly…