Assisted living has become a more popular residential selection for elderly individuals who need help performing daily living tasks. Regulations that apply to these populations, however, vary between states. Meanwhile, little study has been performed on care outcomes. New studies evaluated end-of-life care provided at assisted living facilities. These studies…
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New York Estate Planning & Elder Law Blog
Eskra: A Reminder about Premarital Agreements and Estate Planning
In the recent case of Eskra v. Grace, a person filed a petition attempting to be named as personal representative of her deceased husband’s estate. The trial court denied her petition based on a premarital agreement waiving her interest in her deceased husband’s separate property. The court named the man’s…
Lessons Learned from In re the Purported Will of Moore
An appellate court recently decided the In re the Purported Will of Moore case, which involved an appeal from an order that granted summary judgment and denied relief for a judgment involving a caveat to the will of a deceased person. The Facts Behind the Case A man created a…
Austin Case Provides Estate Planning Lessons
The Wisconsin Court of Appeals recently saw the case of Austin v. Roesler and Campbell, which provides some valuable reminders about what to do (and not do) while estate planning. The Facts Behind the Case The case involved a woman who executed her will in 1977, which directed that following…
Trump Administration Medicare Faces Increased Scrutiny
Biden-era legislatures are currently debating improving a Trump administration regulation associated with Medicare due to increasing pressure from Democrats. Also called a direct contracting model, the program implemented during the Trump administration lets private companies enroll in Medicare as health department members to revise and better care while keeping government…
Biden Administration Begins Improvement of Nursing Homes
President Joe Biden recently utilized his State of the Union address to begin a major improvement in the quality of nursing homes in the country. This improvement addresses an increase in minimum staffing levels as well as efforts taken to improve inspections while all-the-while following the Covid-19 safety protocol. Biden…
Situations Where Your Digital Assets Last Longer Than You
While estate planning, it’s a good idea to make sure that various parties involved with your estate including personal representatives, agents appointed through a durable power of attorney, and trust receive the information they need to both access as well as manage your assets in case you end up incapacitated…
Estate Planning in the Digital Era
A survey recently reported that over 80% of people who work in estate and financial planning utilize digital trends to support estate planning. Family structures are increasingly complex with currently 34% of respondents reporting that the appointment of beneficiaries was a primary cause of fighting among a family. Market volatility…
Critical Issues to Consider When Estate Planning
Estate planning varies substantially between individuals and is influenced greatly by a person’s goals. Each individual also has a unique situation as well as a background to consider. Two individuals with similar kinds of assets are worried about protecting property from future elderly care centers that might sound like they…
Tips on Avoiding Uncertainty about Health Documents While Estate Planning
Health documents used in an estate planning context are some of the most valuable documents that a person can have. These documents, however, often invite uncertainty because the documents are referred to by various names and one document can be confused for another. When it comes to the subject of…