New York Estate Planning & Elder Law Blog

What You Need to Know about Living Trusts

Published on: April 18, 2022 | by Ettinger Law Firm

If you’re creating a plan for what will happen to your estate after you pass away or become incapacitated, you’ve likely familiar with the advantages you can realize by creating a living trust. Items positioned in a trust do not pass through probate, which can be a costly and time-intensive process. Living trusts (also referred to as revocable trusts) let a person appoints a trust administrator to look after an estate after the creator passes away.

Living trusts often simplify how assets in estates are passed on. Unfortunately, countless opportunities exist to make errors, especially if you’re tasked with transferring items to a trust. Certain kinds of accounts should never pass into a trust. These certain accounts should not pass into a trust even in situations where they represent the majority of an estate. This category includes retirement accounts like 401(k) plans as well as other types of retirement accounts.

If you pass on assets to a trust, the Internal Revenue Service will classify the interaction as a distribution and you will be required to pay income taxes.

How to Avoid Disagreements with Trustees

Published on: April 10, 2022 | by Ettinger Law Firm

In the recent case of MBM Family Trust, one party initiated legal action against another concerning a foreign judgment. The party who initiated the lawsuit later added a trustee of a trust that the plaintiff claimed helped the defendant conceal assets. The trustee pursued a special appearance and argued over personal jurisdiction.

Ultimately, the trial court did not accept this object. Instead, the trustee appealed. On appeal, the court found that claims intended to recover assets from a trust can only be brought against the trustee who is the trust’s legal representative.

The appellate court commented that the trial court had evidence that the family trust was a lender and that the trustee stepped in to function as the lender of a home equity line. The home equity line of credit provided the line of credit was secured by a deed of trust to the trustee and apart from the home equity line.

A Quick Guide to Reverse Estate Planning

Published on: April 10, 2022 | by Ettinger Law Firm

Estate planning relies on a countless number of assumptions. One assumption is that assets only flow in one direction: from older person to younger person. In reality, this does not always have to be the case. By making the most of some unconventional estate planning techniques, people can realize some tax and estate planning advantages. This is where the concept, of “reverse estate planning” comes in.

Some adult children who have more assets than parents and can help take care of the older generation. In these cases, reverse estate planning can play a valuable role. This is particularly true when parents will not be able to use the entirety of their estate and gift tax exemptions. This is just as true if a parent is in a lower tax bracket than their child.

Tax Advantages through Reverse Estate Planning

Reasons to Revise Your Estate Plan:(And What You Should Consider Revising)

Published on: April 10, 2022 | by Ettinger Law Firm

Estate planning is not written in stone. Instead, estate plans should be reviewed and reconsidered when various major life events occur. This article reviews some of the big life changes that should cause you to review the terms of your estate plan. This article reviews some of the things you should consider reviewing after these changes happen. As always, if you have any questions or concerns about revisions to your estate plan, one of the best things you can do is speak with an experienced attorney.

Marriage

Marriage involves the combination of two lives. Understandably, your estate plan should be revised following a marriage to reflect this change. This will likely mean adding your new spouse’s name to insurance policies and estate planning documents. You should also take the steps necessary to revise your status on your will, trusts, and deeds.

National Institute of Health Bill Widens Medicare Telehealth

Published on: April 10, 2022 | by Ettinger Law Firm

A recent National Institute of Health (NIH) grant will make the most of electronic health records (EHRs), as well as intelligent machine learning, to better diagnose circulatory illnesses. The package in question will bolster access to telehealth and increase its benefits for several years. This is not the only measure proposed to increase funding for necessary care and support for the country’s elderly population. This other measure will widen access to telehealth and widen its benefits for the next few years. Additionally, a third Senate bill is focused on increasing waivers for acute hospital-at-home care. This article reviews some of these potential measures to support the elderly in our country.

Increase Funding for Covid-19 Testing and Vaccination

The National Institute of Allergies and Infectious Disease recently awarded almost a million dollars to a part of Illinois to lower barriers associated with testing and vaccinating for COVID-19. This funding will aid an effort run by various academics throughout the country designed to combat the Covid-19 pandemic. The project leader academic intends to speak to a group of people who reside in East St. Louis in Illinois. This meeting will primarily be a face-to-face method of learning common reasons why people hesitate to get a vaccination or fail to follow government suggestions regarding Covid-19 precautions.

Social Security in 2022 and Beyond

Published on: April 10, 2022 | by Ettinger Law Firm

The Social Security Program is 86 years old and has become a fundamental aspect of how many aging people pay for expenses. Despite its vast importance, social security is full of challenges and weaknesses.

Estate planning professionals once referred to a “three-legged stool” for retirement planning in this country. The three legs included a pension, personal savings, and Social Security payments. Pensions that secure income is not nearly as common as they once were. Furthermore, a very small portion of people in the United States has support from each of these three legs.

Since 1940, however, Social Security has remained a steadfast source of payment. Many people, however, are uncertain about the program’s future. While the program’s demise is not granted, Social Security’s funds are certainly on a downward trend and they must be fixed if they’re to last. If Congress fails to take action, very soon Social Security might lack the funds to pay its promised benefits.

Making the Most of Estate Planning in 2022

Published on: April 7, 2022 | by Ettinger Law Firm

Even if you’ve already abandoned your New Years’ resolution, you should still do your best this year to focus on your loved ones and what’s best for your future. One of the best things that any of us can do during times of uneasy political or economic times is to focus on what’s important. Your planning for what lies ahead should understandably address critical issues like what happens if you become incapacitated or unexpectedly pass away. This article reviews some of the basic frameworks that you should start (or revise) your estate plans in 2022.

Critical Questions to Ask About the Status of Your Estate Plans

Some of the important issues that you should ask about the status of your estate as you decide the strength of your estate plan include:

Alternatives to Living Trusts

Published on: April 7, 2022 | by Ettinger Law Firm

You might have considered utilizing a living trust. Often, these trusts are a good idea if a person wants to maintain assets for loved ones without subjecting assets to significant taxes or probate.

In reality, however, people often forget a whole range of other types of trusts including revocable and irrevocable living trusts. The type of trust you utilize can make a big difference in the outcome of your estate. Pick the right type of trust and you can really simplify the estate planning process. Pick the wrong trust and you can end up facing a range of complications.

Revocable means revisable, while irrevocable means a person cannot later changes a trust’s terms barring a few exceptions. A revocable trust lets the trust creator modify the trust at some later date. With irrevocable trusts, a person lacks the ability to modify the terms of the trust.

Clark Case Provides Lesson on How to Avoid Family Estate Planning Disputes

Published on: April 7, 2022 | by Ettinger Law Firm

In the recent case of Clark v. Clark, two brothers initiated legal action against another brother concerning the other brother’s ability to function as trustee of a trust as the result of a brain injury. The men’s mother established a testamentary trust previously that held family business and appointed the third brother as trustee. The will stated that if anything happened to the third brother, the other two brothers would be designated as co-trustees. The two brothers claimed that due to the brain injury, the third brother could no longer function in this role. As a result, the two brothers thought to be named successor co-trustees under the will.

While the court also considered a nuanced injunction issue, the court ultimately relied on a plain text reading to determine that due to the third brother’s brain injury, the brother had stopped or was not capable of functioning as a trustee and that the other two brothers were appointed successor co-trustees.

What Makes Succession Planning Critical

7 Limitations to Medicare

Published on: April 7, 2022 | by Ettinger Law Firm

With more people approaching the age of 65, a growing number of people are considering the potential benefits available from Medicare as well as other insurance options. Medicare A plays the critical role of paying for hospital stays as well as other services like skilled nursing facilities and hospice care. Meanwhile, Part B assists with physician visits and outpatient care.

If you’re close to enrolling in Medicare, you should consider what Medicare covers. By learning what Medicare covers now as well as what it doesn’t, you can begin thinking of alternate strategies to make sure that you receive all of the appropriate care that you need.

Prescriptions