New York Estate Planning & Elder Law Blog

Pay Up: 13 States that Tax Social Security Benefits

Published on: March 16, 2020 | by Ettinger Law Firm

For over 80 years, Social Security has made guaranteed monthly payouts to eligible retired workers. Today, over 64 million people receive a monthly benefit from the Social Security program. The average retired worker benefit is $1,505.50 a month, as of January 2020. Generally Social Security income for the ordinary retiree is not taxed. There are states however, that do tax Social Security income.

The federal government can tax your Social Security benefits

The taxation of Social Security benefits began in earnest as part of the Social Security Amendments of 1983. Beginning in 1984, the Internal Revenue Service (IRS) is allowed to apply federal ordinary income tax rates on up to one-half of an individual’s or couple’s Social Security benefit, depending on their income. If an individual’s or couple’s modified adjusted gross income (MAGI) plus one-half of benefits exceeds $25,000 or $32,000, respectively, they would be subject to this tax.

Why Advance Health Directives Are Overlooked and How to Create One

Published on: March 15, 2020 | by Ettinger Law Firm

Estate planning is a complex process. For many people, estate planning is overwhelming and results in many unanticipated costs. For other people, it is frightening to accept that they too will one day pass away. Despite how you might feel about estate planning, there are several important estate planning documents that every person should have including an advance healthcare directive. Health care directives play an important role in allowing a person to specify their choices for caregivers in case of illness or mental incapacity. In some cases, these directives also contain instructions about a person’s body should be handled following death. While they play an important role, statistics reveal that a large number of people are still deciding to not include advance healthcare directives in their estate plans. This article takes a brief look at why these directives are important as well as recommends some steps in creating one.

The Growing Importance of Advance Health Care Directives

Trusts and wills have existed for centuries, but health care directives are a new type of estate planning document. These documents first appeared in 1976, but by 1992 all 50 states had laws allowing advance healthcare directives. One of the reasons why advance healthcare directives have grown substantially in number is that they allow us to have certain control over certain issues related to estate administration and our death. One key feature that many health care directives feature is the ability to choose a third-party to act as an agent in case you become incapacitated. Besides making decisions while you are incapacitated, an agent will often also make sure that your wishes are carried out after your death.

Advice on Letting Your Children Know They Won’t Receive an Inheritance

Published on: March 12, 2020 | by Ettinger Law Firm

There are some surprising conclusions that people reach after creating an estate plan. For example, after putting the finishing touches on estate planning documents, some parents discover that they do not want to pass on an inheritance to the couple’s children. This is often not because the children have done anything wrong, but rather because the children are in a place where they can now take care of themselves and the parents decide their inheritance would do better if passed on to the surrounding community. This article reviews some important pieces of advice that you should remember in case you find yourself in such an estate planning situation.

Remember Your Assets Are Yours

Deciding to not leave your estate to your children is a divisive document. Some parties will argue on both sides of things. Despite this debate, however, it is important to remember that your assets are yours and that you can do whatever you want with them. This is true regardless of whoever criticizes your choices. If you have strong reasons for not passing your inheritance onto your children, this is the only thing that should influence your decision.

Back to Basics: Estate Planning 101, Part IV

Published on: March 12, 2020 | by Ettinger Law Firm

Every estate plan should include a living trust. A living trust is different from a trust and should be part of your estate plan along with a last will and testament and power of attorney (financial and medical) documents.

Why a living trust is an important estate plan document

A living trust is a written legal document that partially substitutes for a will. With a living trust, your assets (your home, bank accounts and stocks, for example) are put into the trust, administered for your benefit during your lifetime, and then transferred to your beneficiaries when you die. Living trusts, have great value as part of estate planning, but not necessarily to avoid probate. A living trust, if properly prepared and administered, can be a very effective tool to manage assets in the event of illness, disability or the effects of aging. In light of the aging population, the use of living trusts to minimize the risk of elder financial abuse and address similar issues, should be an important consideration in an estate plan.

What Separates ABLE Accounts From Special Needs Trusts?

Published on: March 10, 2020 | by Ettinger Law Firm

Estate planning is difficult, but for loved ones with special needs, the process can be particularly challenging. Besides worrying about the type of care your loved one will receive, you are likely overwhelmed with many other questions including who will manage finances and whether the person will be able to receive benefits without being disqualified from receiving government assistance. Fortunately, there a variety of strategies to protect your loved one including ABLE accounts and special needs trust. While it can be tempting to view these two accounts as similar, there are some substantial differences between the two.

The Role of ABLE Accounts

Relative newcomers on the estate planning scene, ABLE accounts allow individuals with disabilities a way to save some assets without interfering with eligibility with government assistance programs like Medicaid and Supplemental Security Income. A person is permitted to have only one ABLE account and if assets in the account exceed $100,000, this excess will count towards that individual’s $2,000 resources limit for SSI eligibility.

Discovering the Power of Estate Accounts

Published on: March 8, 2020 | by Ettinger Law Firm

If you’ve been asked to help a loved one manage their assets, you likely know that there are many complex issues to consider. One question that many people in this situation are often left wondering is whether it is better to be added to a bank account as a joint account holder or if it is better to establish a separate estate account. While it can be quicker and often easier to simply add a person as a joint account holder, the joint account will also be left the sole account holder after the loved one’s death.

The alternative is to open an estate account which will be responsible for paying bills associated with the deceased person’s estate. This article reviews just some of the most substantial advantages that people realize by opening estate accounts.

# 1 – Reduced Risk Exists with Estate Accounts

Back to Basics: Estate Planning 101, Part III

Published on: March 8, 2020 | by Ettinger Law Firm

A power of attorney, including a heath care power of attorney, are crucial estate planning documents. This is especially important if you have Alzheimer’s disease, dementia, or are suffering from another chronic and debilitating illness. Individuals who are widowed or alone should carefully consider who they can trust to manage their financial and medical affairs when they lose the ability to make such decisions themselves.

Power of Attorney: A power of attorney is a legal document you can use to appoint someone to make decisions on your behalf. The person you designate is called an “attorney-in-fact.” The appointment can be effective immediately or can become effective only if you are unable to make decisions on your own.

o New York State has a short-form and a long-form Power of Attorney form.

Back to Basics: Estate Planning 101, Part II

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

A trust is an important estate plan document. Other estate planning documents include a last will and testament and intestate succession.

Every state has laws that determine who your heirs are and what proportion of the estate the heir is entitled to receive. Heir refers to blood relatives and are usually grouped according to closeness of relationship: Children and spouse; siblings and parents; aunts, uncles, and cousins. Where there is no will or trust, the estate is deemed “intestate” and must be settled according to state probate law. Individuals who inherit property under a will or trust are referred to as beneficiaries. Persons can be named as beneficiaries on bank accounts, life insurance policies, financial portfolios, retirement accounts, and certain types of titled property such as real estate – they need not be heirs. Remember heirs can be beneficiaries, but beneficiaries are not always heirs.

To complete an estate plan, you should consider adding trust documents.

How the Repeal of Stretch IRAs in 2020 Will Impact Estate Planning

Published on: March 5, 2020 | by Ettinger Law Firm

Stretch IRAs refer to an estate planning strategy that was utilized to extend the tax-deferred status of an inherited IRA when it passed to a non-spouse beneficiary. Stretched IRAs allowed for continued tax-deferred growth. The SECURE Act, which was passed by the Senate on December 19, 2019, however, will end stretch IRAs.

The most direct impact of this legislation is that it will change how IRAs are administered beginning January 1, 2020, by both eliminating the maximum age at which a person can make contributions to a traditional IRA. This change will also delay the starting date for required maximum distributions from age 70 and a half to 72. It is important for everyone who plans on utilizing an IRA to understand how the changes that will likely occur as a result of the SECURE Act.

Changing Landscapes

6 End of Year Estate Planning Mistakes to Avoid

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

If you finally wrote your estate plan in 2019, you likely know just how difficult it can be to sit down and write an estate plan. Even after creating these documents, there are still several obstacles that can occur and prevent you from achieving your estate planning goals. As a result, this article takes a brief look at some of the estate planning mistakes that you should be careful to avoid as the year comes to an end.

# 1 – Not Understanding Your Estate Plan

Some people don’t both to read and review the terms of estate planning documents after they’ve been created by an attorney. Other people let their spouses take care of estate planning and merely sign where is necessary. Not knowing the terms of what you are signing can lead to many serious estate planning challenges. While you need not be able to call up estate planning laws by code number, you should still understand the basics of how your estate plan will work.