New York Estate Planning & Elder Law Blog

Estate Planning Advice for Single Parents

Published on: November 19, 2021 | by Ettinger Law Firm

Our lawyers recently heard of a divorced individual who passed away and left two children below the age of 18 years. When the person passed away, the individual had no will in place. As a result, it was uncertain who the deceased individual wanted to appoint as a personal representative of the estate.

Remember, a person passes away without appointing a personal representative, New York law dictates who can apply to be appointed as a personal representative. Because the deceased individuals were below the age of 18, they could not apply to the court for appointment as personal representatives.

The surviving family filed the appropriate paperwork with probate court hoping for the nomination of a conservator for each child. After the court-appointed conservators, the conservators selected a personal representative for the estate. The person chosen by the conservators then filed paperwork requesting the appointment of a personal representative. This person then gathered all of the deceased parent’s assets, paid the deceased person’s creditor claims, and then divided and transferred the remaining assets to each minor child’s conservator. These conservators must hold assets for the children until the children reach eighteen years of age. This case took a long time to resolve and involved substantial costs. Besides court fees, accounts, conservators, and lawyers also had to be paid.

Estate Planning Issues to Address Before 2021 Is Over

Published on: November 16, 2021 | by Ettinger Law Firm

As we approach the end of 2021, you should remember to consider and approach many aspects of estate planning. There are also several considerations given potential legislative changes. You should make sure to review your end-of-year estate planning concerns now instead of waiting. This article reviews some of the important issues that you should remember while you prepare your estate plan for the future.

Passing on Gifts Before 2022

The rate for federal tax exemptions is currently higher than it has ever been. If a person does not use these high thresholds, they cannot do so in the future. As a result, now is an ideal time to make the most of available valuation discounts. Some of the factors to consider for gifts that are made in 2021 include:

Department of Treasury Releases Estate Planning Guidelines

Published on: November 15, 2021 | by Ettinger Law Firm

The Treasury Department recently published its Priority Guidance Plan, which addresses areas like estate, trusts, and gifts. These items were described as a top priority by the department. The department also expressed the desire to establish final regulations that would enforce user fees associated with closing letters for estate tax as well as several other changes. For people about to participate in the creation or revision of an estate plan, this article reviews some of the most important changes that you should consider.

What Parts of the Guidance Plan You Should Know

Some of the most important elements listed in the Priority Guidance Plan include:

What You Can to Protect Your Inheritance

Published on: November 12, 2021 | by Ettinger Law Firm

If you receive an inheritance but are also married, the person who passed on an inheritance to you likely intended only to benefit from these funds. If you end up getting divorced, you’re probably left wondering how you can guard the inheritance. Most assets gained by a couple during a marriage are viewed as marital assets, but there are exceptions to this.

Some exceptions to marital property in New York include bequests from the estate of a deceased relative, gifts made to the individual by a non-spouse, and certain types of compensation for personal injuries. Divorce can make how this property is handled complex.

While assets inherited by only one spouse often are not subject to property division during the divorce process, courts have the authority to split inherited amounts if it is determined that not separating these assets would create hardships for the other spouse for children who are the product of the union. This article reviews some of the helpful steps that you or a loved one can follow to make sure that inheritance is protected.

Home Care and Hospice Services Still Uncertain about Federal Vaccine Requirements

Published on: November 11, 2021 | by Ettinger Law Firm

Frustration is growing for medical professionals including those who work at hospices as they wait for President Biden to reveal details about how federal regulations for COVID-19 will be enforced.

This frustration is in part driven by uncertainty about aspects like permissible exemptions, testing costs, and the number of worker counts that will be utilized. Until the regulation is published, the country will not be certain about the exact impact on home care organizations by COVID-19 regulations.

The National Hospice and Palliative Care Organization President and CEO have reported that there is widespread concern and that the country continues to collect input about COVID-19 to inform its discussions with the administration to make sure that the requirement is executed in the best possible manner.

California Court Resolves Ownership Presumptions in Probate Disputes

Published on: November 8, 2021 | by Ettinger Law Firm

Family law addresses the rights of family members including spouses during marriages as well as after divorce. When one spouse passes away, however, complex estate planning issues can arise.

In the recent Third District case of In Estate of Wall, a federal district court held that title presumption had authority over community property presumptions. The court also found that the surviving spouse in the case still won the case due to the role of undue influence.

Benny Wall had two descendants with his first wife. Benny’s home

Avoid Falling for Myths about Slip and Falls

Published on: November 7, 2021 | by Ettinger Law Firm

Many people write off falls as a normal danger associated with the aging process. In reality, this could not be any further from the truth. While September was Fall Prevention Month, it’s important for the elderly and their loved ones to remain up to date about the various dangers associated with falls as well as what can be done to stop them.

Factors that Can Lead to Falls

Falls are the second most common factor for older individuals needing long-term care. Dementia is the most common factor. To prevent as well as treat the injuries and other damage caused by falls, it’s a good idea for patients as well as caregivers to inform themselves about what causes falls.

The Estate Planning Needs of the Unmarried

Published on: November 4, 2021 | by Ettinger Law Firm

Estate planning conversations often give off the impression that everyone is elderly and has multiple children. In reality, however, this is not true and people who do not fit this description require estate planning assistance at least as much as people who fall into more conventional models.

For example, unmarried individuals often also need to create an estate plan that relates to the disposition of property health care proxies, or financial power of attorney. Without these estate planning documents, if an unmarried person cannot make medical or financial choices, someone else might not exist who will be readily recognized.

Financial Power of Attorney

Understanding Psychiatric Advance Directives

Published on: November 3, 2021 | by Ettinger Law Firm

In 1990, the United States Supreme Court acknowledged the constitutional right of a patient to decline medical treatment. Over the last couple of decades, New York state has slowly recognized that traditional health care advance directives do not sufficiently deal with mental health issues. Consequently, a large number of states have issued legislation permitting mental health care advance directives.

New York Law and Psychiatric Advance Directives

A person can utilize New York’s Health Care Agents and Proxies law to nominate an agent to make decisions for them if that individual cannot do so. Additionally, a person might decide to write a living will containing instructions for the mental health care that person would like to receive.

Revising Estate Plans Before and After Divorce

Published on: October 28, 2021 | by Ettinger Law Firm

After a divorce, it’s understandable that you’re tired of sifting through legal documents. If you do not take the actions now to revise your estate plan in light of your divorce, you could end up facing undesirable estate planning results. As a result, you should at least consider gathering your old estate planning documents and evaluating what you will need to update. This article reviews a few of the most commonly used types of estate planning documents that you should make sure to update after a divorce.

Create a New Will

Wills are the central document in most estate plans. This is why it’s a good idea to make sure that your will is adequately updated in light of your divorce. You will likely want to create a will that will no longer pass on your assets to your former spouse. You should also make sure to revoke your old will.