New York Estate Planning & Elder Law Blog

New LGBT Training for Elder Care Service Providers

Published on: July 17, 2015 | by Ettinger Law Firm

A recent study at the University of Miami found that nearly 75% of all elder care service providers reported having members of the LGBT community as clients. Yet, less than 33% of these service providers had any type of specialized training geared towards the needs of seniors in this community. This study has prompted a new initiative in Florida called the “Protect Our Elders” campaign, aimed at addressing common problems that prevent elderly members of the LGBT community from seeking elder care.

Results of the Study

The University of Miami surveyed 48 facilities and agencies throughout southern Florida that provide some type of elder care services. This included hospitals, nursing homes, care facilities, churches, libraries, and more. Of those surveyed, 83% of the facilities and agencies said that not only would they be willing to offer LGBT training but that they also think that their employees would be interested.

Estate Planning for Singles

Published on: July 15, 2015 | by Ettinger Law Firm

Most of the estate planning tips and tricks revolve around plans for couples; however, a single person’s estate plan is just as important. In many circumstances, the way that a single person structures their estate plan and who is named differs from an estate plan of a couple. Just as with couples, if a single person fails to properly plan there can be dire consequences for an estate.

Dying Without a Will

If a single person dies without a will, then they are considered intestate. All of the assets in their estate go into probate, and the court will disperse the assets according to state law. Because there is no spouse, typically the court will split the estate between any children, parents, and siblings. If there are no close living relatives, then all of the assets in the estate are forfeit to the state. This worst case scenario highlights the importance of titling various assets, beneficiary designations, and how an estate plan can help a single person.

Causes of B.B. King Estate Battle

Published on: July 13, 2015 | by Ettinger Law Firm

Riley B. King, also known as famed blues musician B.B. King, passed away on May 14 and left behind a contentious estate battle between his children and manager. One of his daughters, Patty King, claimed in an interview that her father did well by his children and is now leading the charge against her father’s business manager, LaVerne Toney, of 39 years. Five of his eleven surviving children have all made claims of serious wrongdoing against the manager.

Accusations against the Manager

Patty King and her half-sister, Karen Williams, are leading the case against Ms. Toney. Some claims include not allowing the children to see Mr. King, providing improper medical care, and possibly even poisoning the famous musician in his final days. Because of the claims of possible homicide, the coroner conducted an autopsy and is awaiting toxicology results before rendering a final opinion. However, these types of tests could take weeks to return a result.

Generation X in No Hurry to Retire

Published on: July 10, 2015 | by Ettinger Law Firm

Recent research shows that employees still working in Generation X do not have the overwhelming desire to retire. According to a new study released by Ameriprise Financial, an overwhelming 73% of people from Generation X plan on working in some capacity after they retire. However, interestingly enough the reason is not for financial purposes but for finding fulfillment.

Results of the Study

Called the “Retirement 2.0” study, the researchers at Ameriprise Financial found out some interesting qualities about the Generation X workforce. The vice president in charge of the research said that “they don’t have an on-off switch in terms of leaving the work force and instead anticipate a gradual evolution into this new phase of life, which really sets this generation apart.”

How to Manage Your Parents’ Finances

Published on: July 10, 2015 | by Ettinger Law Firm

As parents age, it can become harder for them to manage their own finances and accounts. Sometimes, the child needs to step in and help them with their financial needs, especially in cases where dementia or other cognitive impairments may be beginning to set in. Experts recommend the following tips if you find yourself in the position of needing to help manage your parents’ finances in addition to your own.

Find the Documents

The first thing to do when managing your parents’ finances is to find all of the important and necessary documents. Be sure to check all desk drawers, filing cabinets, and safety deposit boxes. You should look for all bank account and investment information, retirement accounts, insurance policies, and the titles and deeds to any significant property. You should also look for all medical records and expenses at this time, as it will most likely be a growing financial concern in the near future.

Court Rules on Whether to Revoke Will

Published on: July 6, 2015 | by Ettinger Law Firm

The Supreme Court of South Dakota recently ruled on whether an estate should be probated intestate despite the existence of a copy of a will. This case is interesting because unlike most cases of lost wills, in this instance the spouse of the deceased wanted the copy revoked and the estate probated as if a will never existed, and relatives wanted the copy of will to stand on its own.

Facts of the Case

In the case In re Estate of Deutsch, Delbert Deutsch died on August 23, 2012. After an exhaustive search, his wife Marcelina found a copy of his 2001 will but could not locate the original. Despite finding the copy, Mrs. Deutsch petitioned the probate court to rule that the estate was intestate and apply the state laws regarding inheritance of an intestate estate.

Thinking about Retiring Abroad

Published on: July 2, 2015 | by Ettinger Law Firm

One of the most common hopes of retiring individuals is that they can move to the beach or go someplace abroad. A new study by the National Association of Real Estate Investment Trusts revealed that only a tiny percentage of seniors in their 60’s, around one percent per year, move. Most retirees remain in their own homes, but for those that do retire abroad there are certain considerations that must be made before the move.

Financial Concerns Retiring Abroad

Some of the most common locations for retirees to move to oversees today include Ecuador, Thailand, and Portugal. However, many are unaware of the Financial Crimes Enforcement Network Report 114. Otherwise known as an F-Bar, this document is required for any retiree that has a bank account overseas that contains a balance above $10,000. Failure to submit an F-Bar results in severe penalties, such as fines up to $100,000 or fifty percent of the balance of the account.

Casey Kasem’s Daughter Fights for Guardianship Laws

Published on: July 1, 2015 | by Ettinger Law Firm

The daughter of the late iconic radio DJ, Casey Kasem, is fighting for new guardianship laws that would prevent future instances of elder abuse and neglect similar to what her father endured in his final days. Kerri Kasem has gone on record as saying that she feels like her father’s death could have been prevented if she and her siblings were able to see their father and better monitor his care. Unfortunately, at the time that they needed it there was no law in place to help.

Case of Casey Kasem

When Casey Kasem’s health deteriorated, his current wife and stepmother to his adult children decided to move him from the assisted living facility where he was being cared for to an undisclosed location. When his children finally got the court to compel her to release his location, he was found on an Indian reservation in poor health. He was suffering from bed sores, a urinary tract infection, and sepsis.

Red Tape in Medicaid Applications

Published on: June 30, 2015 | by Ettinger Law Firm

Medicaid is one of the most utilized government programs for elderly American citizens that are in need of medical assistance that they cannot afford. In order to qualify for the Medicaid program, an applicant must meet a number of criteria and an application can either be filled out online or in paper form. However, many applicants to the Medicaid program have run into issues of red tape and other problems when attempting to apply for benefits.

Online Medicaid Application

The online application for Medicaid can be found on the federal Medicaid program website. For seniors that are tech savvy, the online application can be filled out in about 45 minutes. The website contains all kinds of information like eligibility, benefits, and required documentation needed to be considered for the program. After an online application is submitted, there may be follow-up phone calls by the program to make sure that everything regarding their application is in order, but usually an accepted applicant can receive their benefits card within 45 days of submitting the online application.

Fiduciaries Cannot Transfer Real Property to Self

Published on: June 29, 2015 | by Ettinger Law Firm

The Supreme Court of North Dakota recently ruled on the issue of a fiduciary self-dealing when he was one of the heirs inheriting from an estate. The case highlights the importance of creating clear boundaries when delineating responsibilities of an estate as well as ensuring that all of the proper documents are processed in any type of real property or estate dealings.

Facts of the Case

In the case of Broten v. Broten, James Broten, Louise Broten, and Linda Shuler were all children of Olaf and Helen Broten. The parents owned around 480 acres of farmland, and in 1979 they executed a quitclaim deed that gave Olaf Broten sole ownership in the real estate. He then entered into a contract for deed with his son, James, agreeing to convey the farmland for $200,000 plus six percent interest paid through 2006. The contract was prepared by James’ attorney but never recorded. At the same time, the parents executed a will that placed the farmland in trust, with the mother receiving income for life, and the principal to be distributed to the children equally upon her death.