New York Estate Planning & Elder Law Blog

How to Reduce the Risks Associated with Estate Planning

Published on: April 27, 2019 | by Ettinger Law Firm

There are a number of risks associated with the estate planning process. Some of the risks involved with estate plans include how interest rates will change and how old the creator of the estate lan is when they die. Not to mentions, tax laws change frequently and depending on the alterations to the law that occur, a person’s estate plan could be greatly affected.

Fortunately, by following some important suggests, it is possible to greatly reduce the risks associated with successful estate planning.

# 1 – Determine What Risk Factors Exist

Pro Se Proceedings Advice after Pappas v. Phillip Morris Inc.

Published on: April 24, 2019 | by Ettinger Law Firm

In February 2019. The 2nd Circuit Court of Appeals heard the case of Pappas v. Phillip Morris, in which the plaintiff pursued Connecticut state law liability claim on behalf of her deceased husband’s estate. The district court previously dismissed some of the plaintiff’s claim on the basis that Connecticut did not allow the plaintiff to represent the estate of her husband pro se.

The conflict of the case, however, concerned Connecticut and federal law which when applied had different results to whether the plaintiff would be allowed to represent the estate pro se.

New York Pro Se Estate Lawsuits

The Key to Happiness in Nordic Countries is Reading, Coffee and Saunas

Published on: April 24, 2019 | by Ettinger Law Firm

Jimmy Soul wrote a song in 1963 called If You Wanna Be Happy. He suggests the following in his classic hit song:

“If you wanna be happy for the rest of your life

Never make a pretty woman your wife

Key Things to Know about Medicaid Spend Down

Published on: April 22, 2019 | by Ettinger Law Firm

Annual nursing home costs on the rise according to the New York Department of Health. As a result, the costs for nursing home care is beyond the financial resources of many New York residents. To pay the costs of Medicaid, many elderly individuals are dependent on Medicaid, which pays for residential nursing services and assisted living facilities.

To qualify for Medicaid, it often becomes essential for a person to spend down their savings until they qualify to receive Medicaid. Early planning and the assistance of a knowledgeable estate planning attorney are the best way to make sure that you qualify for Medicaid.

This article reviews some of the other important pieces of advice that a person should take into consideration when planning to spend down assets.

Elder Well-Being Alert: Healthy Heart Update

Published on: April 21, 2019 | by Ettinger Law Firm

Cardiovascular diseases, like heart disease, affect adults 65 and older more than any other age group. A large part of the reason why this is so is because as people age, so does their heart. Aging changes the appearance and function of the heart. In severe cases, a blood vessel can become so clogged that it will trigger a heart attack because cholesterol is blocking the flow of blood to the heart.

How doctors check your heart

Doctors perform a series of medical tests to determine the health of your heart. They include checking your blood pressure and ordering blood tests. The blood test will help them identify if your blood vessels contain cholesterol or certain proteins. Cholesterol is dangerous because if too much of it accumulates a blood vessel may be blocked causing a heart attack or stroke. Proteins reveal if there is inflammation in the body. The doctor will also order an electrocardiogram (ECG or EKG) to look at the electric activity in your heart. A chest x-ray is part of the usual workup to determine heart health and can determine if your heart is enlarged or your lungs contain too much fluid, signs of heart failure. An echocardiogram is a test involving sound waves that can detect and monitor heart disease. Lastly, the doctor can order a stress test, which is applying stress to the heart, in order to measure how it is performing.

How to Recover Hearing You’ve Lost

Published on: April 17, 2019 | by Ettinger Law Firm

As we age, our hearing, like other functions diminish. When age- related hearing loss occurs, it is gradual and tends to affect both ears equally – what you cannot hear on the left side of your face is the same as what you cannot hear on the right side of your face. Doctors call this medical condition presbycusis or age-related hearing loss.

Why hearing loss occurs

Hearing loss is caused by noise aging, disease, and hereditary reasons. Hearing loss effects how people listen and then communicate with others. Because there are gaps with what is heard, the person suffering hearing loss may appear confused or misunderstand the context of the conversation. The National Institutes of Health (NIH) found that approximately 1 in 3 people between the ages of 65 and 75 have hearing loss. They also found that half of the people over 75 have difficulty hearing. Both groups, have the same difficulty admitting they are experiencing hearing loss or hearing difficulty.

Estate Planning Details to Always Disclose to Your Estate Planning Advisor

Published on: April 14, 2019 | by Ettinger Law Firm

To create the best possible estate plan, it is critical to not only tell your advisor important information about your case. It is also critical to be honest. Failure to honestly disclose information about your financial status can lead to a number of serious complications and can sometimes even require your advisor to perform estate planning all over again. Unfortunately, there are a number of important things that people forget to disclose their estate planning advisor, which is why this article will list some of the important things that you should remember to mention.

# 1 – Family Issues

Many people with challenging family issues can find these matters difficult to discuss even though they have the potential to greatly interfere with a person’s estate plans. Often, an experienced estate planning attorney can help create estate plans that take these issues into considerations. For example, in situations where a person has an adult child with substance abuse, it might be possible to create a trust or other type of estate planning device to pass assets to the child. In deciding whether details should be disclosed to an estate planning lawyer, it is important to inform an estate planning advisor about any former spouses, any child support that you pay, any existing legal agreements in your family, or any relationships that you might have that could lead to financial obligations.

Bucking Trends: Age is Just a Number and More Seniors are Renting Rather Than Owning Their Homes

Published on: April 10, 2019 | by Ettinger Law Firm

Words have meanings. They can quickly build-up or knock-down its recipients. One word emitting a great deal of comment is elderly. My father, an 82-year-old retiree, refuses to be identified as a senior. He prefers grey panther. He tells me that he wishes to be identified by the color of his hair, not his age.

Identity in the 50 plus range is a hot potato. People are living much longer than prior generations. 50 as the fashion magazines love to exclaim is the new 40. Is age a number or a feeling?

Is calling someone elderly or senior ageist?

What Does It Meant to Decant a Trust?

Published on: April 10, 2019 | by Ettinger Law Firm

It is important to parents and grandparents who are engaged in estate planning to consider the various challenges that can arise. Failure to properly take these issues into consideration can result in estate plans being jeopardized. Fortunately, in these situations, it is possible to decant a trust. This article explores exactly what decanting is and some of the reasons why people to decide to decant a trust.

Decanting a Trust in New York

For many years, estate planning involved irrevocable trusts which mean that even if a trust creator’s situation changed, it was still impossible to modify the trust. In recent years, however, many states have created “decanting” statutes that allow broken trusts to be modified. During the “decanting” process, a person laces assets in an inadequate irrevocable trust into a new irrevocable trust that has more adequate provisions. The nature of decanting statutes changes between changes. In accordance with New York law, an authorized trustee who has unlimited discretion over principal located in trust has the ability to appoint these assets into another trust. To move trusts in this manner, a person is not required to obtain consent of the beneficiaries and can do so without a court order.

Healthy Vision: Taking Care of Your Eyes as You Age

Published on: April 8, 2019 | by Ettinger Law Firm

The Roman statesman, Marcus Tullius Cicero once said, “the eyes are the window to the soul.” In reality however, the eyes are the window to hidden health conditions. A dilated eye exam can detect diabetes, hypertension, auto-immune disorders, like Lupus, high cholesterol, thyroid disease, certain cancers, like skin cancer, and tumors, before these medical conditions are confirmed with blood tests or other diagnostic testing.

Individuals with “good” eyes should have their eyes examined once every two years. Other folks should consult with their eye doctor to determine how often to follow-up for chronic conditions like glaucoma, cataracts, nearsightedness, and farsightedness.

Protecting your vision