New York Estate Planning & Elder Law Blog

Drug Prices Continue to Soar

Published on: July 28, 2019 | by Ettinger Law Firm

By all accounts drug prices continue to soar. According to a RX Savings Solutions Study, a heavily prescribed antidepressant, fluoxetine marketed as Prozac, has increased in price 879%. More than 3,400 drugs have increased their price in the first six months of 2019, representing a 17% increase from the year before. The Trump administration is trying to rein in the prescription drug prices, but at every turn prescriptions cost continues to rise.

In addition to fluoxetine, other commonly used drugs with big price increases so far in 2019 include:

Mometasone 0.1% Topical Cream. This topical steroid has increased 381% this year, Rx Savings Solutions found. Mometasone treats skin conditions like eczema, hay fever, and asthma.

Common Type of Estate Planning Mistakes (and How to Avoid Them)

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

As estate planning professionals, we encounter a number of situations and are very familiar with the most common types of estate planning errors that people make.

No matter if these mistakes are the result of laziness or lack of care, errors in estate planning have the potential to create a number of substantial obstacles. For example, if a will is declared invalid, your estate might be administered in a way that does not conform with your wishes.

Hopefully by reviewing some of the most common types of estate planning mistakes in this article, you will be able to avoid them.

Turcott v. Estate of Clarence D. Bates: Unjust Enrichment and How to Avoid It

Published on: July 25, 2019 | by Ettinger Law Firm

The Idaho Supreme Court recently affirmed a court’s award of damages for unjust enrichment. The case, Turcott v. Estate of Clarence D. Bates, concerned a woman and her husband who spent a substantial amount of time and money making improvements for the woman’s father with the assumption that the woman would inherit half of the father’s estate.

The father, however, changed his will and decided to leave nothing to his daughter. As a result, the daughter filed a lawsuit seeking compensation for the work that she performed. The district court subsequently determined that there was not any implied in fact contract between the woman and her father. The court, however, awarded damages under a theory of unjust enrichment.

This article takes a brief look at unjust enrichment claims in New York state as well as the various defenses that can be raised in response to these claims.

Report Finds Almost All Americans Take Social Security at the Wrong Time

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

One of the most important decisions when contemplating retirement is deciding when to start claiming Social Security benefits. A major study found that almost all Americans take Social Security at the wrong time. This timing problem has cost retirees about $111,000 per household. Retirees typically claim Social Security benefits at 63, the earliest age a person may claim Social Security benefits is 62. Every year they wait to start drawing benefits means a larger Social Security payout. Their recommendation: start drawing Social Security benefits later in your retirement.

Among the Report’s main findings are:

Only 4% of retirees claim Social Security at the most financially optimal time.

Advice on Funding Special Needs Trusts

Published on: July 23, 2019 | by Ettinger Law Firm

If you are a parent with a special needs trust, you likely understand how critical it is to prepare for the future. After all, these trusts make sure that a child continues to receive financial support in case you die or become incapacitated. These trusts are also particularly helpful because directly transferring assets to a special needs child outside of a trust can result in the discontinuation of government benefits.

Deciding the amount of funds to place in a trust, however, can be difficult. That’s why this article reviews some of the important details you should consider when funding a special needs trust.

# 1 – Housing Costs

The Role of Handwritten Wills

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

When Aretha Franklin passed away in 2018, she was not believed to have had any type of estate plan. Months after her death, however, several handwritten wills were located in the late singer’s home.

While some people think that handwritten wills are never valid, this is simply not true. Instead, handwritten wills play a unique role in the estate planning process.

This article takes a look at the role that handwritten documents can play in the estate planning process as well as the limited situations in which these documents are allowed.

Reasons to Consider Creating a Trust

Published on: July 18, 2019 | by Ettinger Law Firm

Many people fail to engage in any type of estate planning. Statistics compiled by AARP suggests that approximately 60% of Americans lack a will or any type of estate planning.

Of the people who do decide to create plans for what happens in case they die or become incapacitated, many rely on only a will to determine how their assets will be divided.

In many cases, however, people benefit from the creation from other estate planning tools including trust, which have the potential to serve a number of unique purposes.

Advice on Selecting a Digital Asset Guardian

Published on: July 16, 2019 | by Ettinger Law Firm

As time passes, an increasing number of people are finding out that they have digital assets as part of their estate plan. No matter if it’s audible content, digital documents, or social media page, however, it is often critical to appoint someone who can properly look over these assets in case something happens to you.

As a result, this article reviews some of the important steps that you should follow when selecting a person who will manage your digital assets.

# 1 – Understand the Importance of an Asset Guardian

Who Pays and When Does a Reverse Mortgage Become Due and Payable?

Published on: July 15, 2019 | by Ettinger Law Firm

In our last post we reviewed reverse mortgages as a way to cash out of the equity in your home while allowing you to remain in your home. As long as you are 62 and older, own your home, and plan to live in it, it is possible to convert the equity in your home into a monthly income, a line of credit, or a lump sum, with some restrictions on the latter with respect to timing of the lump sum distribution. At some point, however, the loan becomes due and payable, which begs the questions of when and who pays?

Triggering events

A insured home equity conversion mortgage (HECM) reverse mortgage loan becomes due and payable when a triggering event occurs. This means that the borrower owes the lender the total amount of money the lender has disbursed to the borrower, plus interest and fees accrued during the life of the loan. Triggering events include:

Important Considerations in the Removal of an Administrator or Executor

Published on: July 13, 2019 | by Ettinger Law Firm

The Indiana Supreme Court recently upheld the removal of a father as the administrator of his deceased son’s estate. The son was killed in an accident in July 2007 when the vehicle that he was traveling in was struck by a bus.

The man’s surviving daughter was subsequently placed under the guardianship of her aunt. Several days after the accident, the deceased man’s father petitioned the state’s Superior Court to appoint him as a special administrator of his son’s estate for pursuing wrongful death compensation.

One day after petitioning for an appointment, the mother of the the deceased man’s other child petitioned for appointment as special administrator and her petition was also granted, which led to the woman commencing a wrongful death action in Marion County.