Asset Protection

Deciding Whether a Revocable or Irrevocable Trust Is Best For You

Published on: January 5, 2021 | by Ettinger Law Firm

Trusts are either irrevocable or revocable. Many people prefer revocable trusts because they want to avoid placing their assets into a trust whose terms they can never change.

Simply put, irrevocable trusts are trusts that cannot be modified or terminated without the permission of the trust’s beneficiary. After passing assets into the trust, a grantor cannot change the terms and removes all rights of ownership to these assets.

Meanwhile, a revocable trust’s terms can be altered or canceled. During the life of the trust, income is distributed to the grantor, and only after the grantor’s death are assets passed on to the beneficiaries.

3 Pieces of Advice on Selecting a Trustee

Published on: January 2, 2021 | by Ettinger Law Firm

If you decide to establish a trust, you will likely need to select someone to make sure that the trust is administered in accordance with your wishes. A trustee is a person who assumes the position of managing a trust’s assets. The regulations to which the trustee must comply are contained in the terms of the trust. While trustees are often the trust’s creator when the trust is formed, trustees can also be the beneficiary of a trust. Following the death or incapacity of the trust’s creator, a person or institution is named as the successor trustee to manage the trust’s assets. The person or entity named in a trust as a successor trustee should also be carefully appointed because an unreliable trustee can both mismanage and waste assets. Also, because trustees have substantial powers, a risk exists that an incorrect trustee might end up harming a beneficiary. While selecting a trustee is a critical aspect of estate planning, too many people appoint a trustee without sufficient planning or thought. As a result, this article reviews some important qualities to look for when selecting a trustee.

# 1 – The Ability to Perform the Job

To successfully administer and manage a trust, trustees must be capable of performing various tasks. These individuals must have an understanding of both trust terms as well as the applicable law. Trustees should also know how to successfully manage assets as well as be able to diplomatically deal with beneficiaries. While a trustee does not need experience with areas like finance or trust management, whoever is appointed as trustee should be able to show financial responsibility as well as successfully resolve matters with others. The person appointed as trustee should also be able to make ethical decisions and act in the best interest of the trust creator and beneficiaries.

3 Estate Planning Strategies As You Plan Out 2021

Published on: December 28, 2020 | by Ettinger Law Firm

Unfortunately, there’s no one size fits all estate plan. This couldn’t be truer during a year when a large number of uncertainties exist about the future. The Covid-19 pandemic has changed our lives in countless ways, which includes an increased concern about end of life issues. As a result, as we begin 2021, there are some helpful estate planning strategies that you might consider implementing.

# 1 – Grantor Retained Annuity Trusts

Grantor retained annuity trusts are financial instruments that are used as part of the estate planning process to both reduce taxes on large financial gifts to loved ones. In accordance with these trusts, a person transfers property to an irrevocable trust for a certain time in exchange for annual annuity payments. At the end of the trust term, a beneficiary receives the remaining assets. Because interest rates are currently low, there is an increased likelihood that the amount passing to the beneficiary will surpass the calculated amount of the gifts, which allows assets to pass to family members without being subject to gift taxes.

4 Important Things to Remember about Guardian Ad Litem

Published on: December 27, 2020 | by Ettinger Law Firm

Estate planning disputes can arise in countless ways. One of the most common types of disputes involves individuals who cannot successfully represent themselves or argue for what is in their best interest like mentally incapacitated adults or unborn beneficiaries. In these situations, a New York judge will often appoint a guardian ad litem to act in the position as a surrogate decision-maker. If you find yourself in such a situation, it helps to consider some important things about guardian ad litem, which are reviewed in this article.

# 1 – Reasons to Consider a Guardian Ad Litem

Guardian ad litem can be utilized whenever disputes have arisen involving custody, visitation, or any other issues addressing the subject. In the case of an older individual, a guardian ad litem is often utilized to make sure that the subject is receiving the best care possible. In accordance with New York’s Appointment of Guardian ad Litem statute, the topic comes before a court as the result of a motion by a party to a divorce action, a conservator, a guardian, or the court itself.

3 Tips on Having Long-Term Care Discussions Now And Not Later

Published on: December 21, 2020 | by Ettinger Law Firm

It’s a common predicament. After the holidays have concluded, adult children are frequently left concerned about whether their parents can live safe independent lives. These adults often are left feeling uncertain about what the best decision is to make so that their parents remain safe but also do not have freedoms needlessly stripped. This year has made adult children more concerned than usual because with many people deciding to celebrate the holidays virtually, it’s becoming more difficult to recognize when someone can no longer live independently. Despite COVID-19, there are still several helpful strategies you can follow to have a conversation about long-term care with your parents now instead of later.

# 1 – Discuss Your Parent’s Daily Routine

Whether it’s in person, over the phone, or through video should, you should begin by chatting with your parents and discussing their lives as well as their routines. Some of the critical questions that you should ask include what are your parents’ daily habits and whether they find anything that limits their ability to live life as they once did. You should also inquire as to what modifications your parents have made to their daily lives as a result of the pandemic. Any clues that a parent’s basic daily living activities have ceased or are substantially limited should give rise to concern about the parent’s safety.

3 Ways Life Insurance Policies Play Vital Roles in Estate Plans

Published on: December 18, 2020 | by Ettinger Law Firm

The best types of estate planning involves a multi-faceted approach, which both addresses financial as well as health concerns. While many people are aware of the benefits provided by estate planning tools like wills and advance healthcare directives, one helpful but commonly overlooked estate planning tools are life insurance policies. As a result, to widen the types of estate planning tools that you can consider utilizing as you plan for your incapacity or death, this article reviews the role that life insurance policies can play in estate plans.

# 1 – The Primary Purpose of Life Insurance Policies

Life insurance is often viewed as an income replacement for dependants. For people who are the primary or significant income providers in households, income replacement is not optional. Similarly, if a person is a homemaker or the primary caregiver of a minor or disabled child, it is critical to remember that the cost associated with hiring a replacement caregiver is substantial.

4 Estate Planning Reminders During The COVID-19 Spike

Published on: December 17, 2020 | by Ettinger Law Firm

Estate planning does not always appear on people’s things to do. Living through the coronavirus pandemic as well as approaching the second wave of the COVID-19 pandemic, however, should change the urgency with which people approach estate planning. New York currently has the fifth-highest number of COVID-19 cases among the states with more than 650,000 confirmed cases. Inevitably, some families during the pandemic will only discover that they lack sufficient legal documents when a loved one dies. To avoid expensive court cases, remember that estate planning is one of the best ways to prepare for the unexpected. To help you begin considering what legal documents to include in your estate plan, this article reviews some of the most common tools that people utilize.

# 1 – Wills

A last will and testament informs the court of who you would like to receive your assets after you pass away. This document also informs the court who you would like to make responsible for ensuring that your bills are paid and that assets transfer to the correct people. If you do not create a will and have not established other ways for your assets to be handled after your death, your belongings will likely not pass to the desired people. Instead, courts will often intervene and decide about who should receive these assets.

A Quick Guide to Caregiver Assignments

Published on: December 6, 2020 | by Ettinger Law Firm

It’s a common occurrence for family and friends to be the caregiver for disabled and elderly loved ones. In these situations, it is critical to understand that caregiver assignments are legal documents that both define as well as describe how a loved one should be cared for by another individual, which often will include a family member or friend. These agreements play the critical role of making sure that family members and loved ones both agree and understand the labor and cost associated with caring for a loved one. To better help you understand the role that a caregiver agreement can play in your estate plan, this article reviews some critical issues that you should consider about such agreements.

Why Caregiver Assignments Are Important

Caregiver assignments are an invaluable tool for making sure that a loved one receives the best care possible from both family members as well as medical providers. These documents can also perform the invaluable role of protecting caregivers by performing the necessary task of describing how much a caregiver should receive as well as the plan of action for such care. Caregiver assignments also often perform a valuable role in avoiding family conflicts.

Who Can Be Held Liable for New York Nursing Home Deaths?

Published on: December 3, 2020 | by Ettinger Law Firm

Communities in New York are dedicated to stopping the spread of the COVID-19 pandemic. As a result, the state has declared various cautionary measures to control the spread of the disease throughout the state. Tragically, despite these measures, New York is still facing a substantially high number of deaths due to the illness. If your loved one passes away in a nursing home from covid-19, it’s common to be left with various questions. One of the most common questions that people ask is who should be held accountable following such a devastating loss. This article considers such an occurrence.

How Families Respond to the Loss of Loved Ones from COVID-19

It’s never easy to say goodbye to a loved one, but COVID-19 tends to deprive individuals of the opportunity to say goodbye to their loved one in a face to face environment. Many times when a loved one passes away from COVID-19, good-bye’s must be made through digital means like Facetime. Due to this risk of transmission, family members and loved ones ultimately lose out on the closure of seeing a loved one for the last time. This closure can greatly help say goodbye to a loved one.

What Should You Know About Electronic Wills?

Published on: December 2, 2020 | by Ettinger Law Firm

Electronic wills are likely to play a large role in future estate plans. The ability to both create and store a document align has greatly facilitated the creation of estate plans. The Uniform Law Commission also recently passed the Uniform Electronic Wills Act, which has greatly influenced how many states approach electronic wills. If you’re interested in creating an electronic will or are deciding whether an electronic will is a good idea for you, this article reviews some important issues that you should consider.

Whether Electronic Wills Are A Good Idea

While many people wondered what parts of the estate planning process could be done electronically, this question has only become more common during the COVID-19 pandemic. Additionally, Millennials as well as many younger individuals often find it an antiquated and outdated idea to physically sign a will. These individuals often question why if so many tasks can be performed electronically, why creating an estate plan can also not be done in such a manner. Consequently, electronic wills are playing a more common role in estate plans.