New York Estate Planning & Elder Law Blog

Recognizing Current Challenges to Estate Planning

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

There are a number of threats that can change or even destroy estate plans. Three of the biggest current threats to estate plans include family conflict, market changes, and tax laws. These threats were articulated after a survey was conducted by TD Wealth at the annual Heckerling Institute on Estate Planning.

By understanding what these challenges to estate plans include, a person can better recognize the dangers that exist when creating a strong estate plan. With an appreciation of these risks, a person with the assistance of an experienced estate planning lawyer can also begin to implement solutions to solve these problems.

# 1 – Family Conflicts

What to Do if You Are Left Out of Your Parent’s Will

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

Being left out of your parent’s will is a difficult pill to swallow. People are free to dispose of their property through a will as they see fit. Only spouses have some statutory protection against being cut-off from the other spouse’s will. If you are the child that has been cut-off from a parent’s will, what should you do? There are time sensitive steps you should take to understand what has happened, and if possible, contest the will. Note, that only family has the power to contest a will.

Obtain a copy of the will

The deceased person or testator who created the will has the final say on who gets what of his or her property. If the will has changed, it could be perfectly legitimate or have been done under duress or diminished mental capacity. The executor will be able to provide you with any previous versions of the will and a list of assets. If you cannot obtain a copy of the will before it enters probate, you are able to receive a copy from the probate or surrogate’s court.

Tips on Avoiding Will Writing Errors

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

Estate planning serves a valuable purpose. Done correctly, estate planning can include all of a person’s end of life goals. If mistakes are made during the estate planning process, however, an individual can end up facing countless obstacles including paying more taxes and uncertainties about beneficiaries.

In an effort to avoid some of the most common will writing mistakes, this article reviews some of the important steps that should be followed during this process.

# 1 – Listing Specific Assets

The Dangers of Do It Yourself Estate Planning

Published on: May 19, 2019 | by Ettinger Law Firm

The AARP reports that 64 percent of Americans do not have estate planning documents. While “do it yourself” estate planning documents might seem attractive if you do not have an end of life plan, they are not without risks.

The advantages of “do it yourself” estate planning are clear. By performing estate planning without legal assistance, a person has the potential to save a great deal of time and money. If done incorrectly, however, “do it yourself” estate planning can lead to additional costs and other obstacles.

The Difference between “Do It Yourself” and Hiring an Attorney

5 Essential Steps of Quick Estate Planning

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

Every day, a countless number of people are exposed to sudden and unexpected emergencies. For people who do not have estate plans in place, these events can create very serious problems.

Unfortunately when these events occur, a large number of people lack adequate estate plans. If you die without a will in New York, state law decides what happens to your assets and who should be held responsible. This article reviews some of the quick and essential steps that a person can use at any point in their life to begin estate planning.

# 1 – Wills Are an Important First Step

Lessons on Emergency Guardians from Gavin v. Loeffelbein

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

At the end of March 2019, the Pennsylvania Supreme Court heard the case of Gavin v. Loeffelbein, which concerns the appointment of emergency guardians. In the case, the Superior Court held that an emergency guardianship order automatically expired after a period of thirty days.

In addressing this case, the Superior Court found that a person who is subject to an emergency guardianship is not prohibited from making decisions about his property even if a court ordered guardian has been ordered to decide these matters. As a result, the Pennsylvania Supreme Court vacated a decision by the state’s Superior Court, which had erred when it considered the validity of an emergency order.

While this case arose outside of New York, it still serves as a good reminder about the importance role played by emergency guardians, which will be examined in this article.

Common Health Care Story: When Your Doctor Can Be Anyone

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

I recently went to the emergency room at my local hospital because I was experiencing severe flank pain. I thought it was my appendix, but instead I was diagnosed with kidney stones. That wasn’t the most unpleasant thing to occur to me on that very painful night.

I arrived at the emergency room at 9:30 PM and was discharged the next morning at 10:00 AM. During those nine-in-a-half hours I was attended by eight different doctors. I never received a status report from the same doctor twice. At first, I thought it was a shift change, but then that would be two to three doctors at most. Eight seemed like something was out of order.

Three days later, I was in the waiting room of the kidney stone specialist’s office waiting for my appointment with Dr. X, a female doctor. I am ushered into the examination room by the medical assistant who takes down my chief complaint and checks my vitals. A short while later there is a knock on the door, and in enter three people that look like doctors, but were all men.

Complex Issues involving Marijuana and Estate Planning Intersect

Published on: May 12, 2019 | by Ettinger Law Firm

Since 1970, marijuana has been classified as a Schedule I substance under the federal Controlled Substances Act in addition to other drugs like cocaine, heroin, and LSD. The cultivation or possession of marijuana is a federal crime unless used for federally approved research.

Despite these federal laws, various states have begun to legalize the use of marijuana of certain types and in certain ways. As a result, it is increasingly likely that people in New York who engage in estate planning will have some type of cannabis related assets. There will also be an increase in the number of other complex estate planning issues regarding cannabis. As a result, this article examines some of the most important issues that are likely to arise concerning estate planning and marijuana.

The Current Status of Marijuana in New York State

Elder Domestic Violence

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

End of life planning is very difficult. On the one hand, you must understand what your assets are and contemplate how to dispose of them after your death in a way that is meaningful to you and the people or organizations you gift. On the other hand, you must identify your standard of medical care and treatment and be able to communicate it to a responsible person so that if and when you lose mental capacities and capabilities, your actual wishes are followed.

Even the best-laid plans can leave you vulnerable and at the mercy of the people around you – spouses or partners, children, and business associates – before you die. An estate plan does not protect someone before he or she dies.

Financial mismanagement concerns

Lessons on Domicile from In re Estate of Helms

Published on: May 9, 2019 | by Ettinger Law Firm

In March 2019, the Supreme Court of Nebraska affirmed the decisions of a county court in the case of In re Estate of Helms. Many years after Helms was killed in a terrorist bomb, his estate obtained a wrongful death judgment in federal court finding that Helms was a domicile in North Carolina and that damages would be distributed in the manner permitted by North Carolina law A dispute, however, arose about whether North Carolina or Nebraska law applied to Helm’s case A county court later ruled that the Helms’ case should be divided in accordance with North Carolina, and this decision was then affirmed by the state’s Supreme Court.

While the Helms case reflects the problems that can arise in deciding what state probate laws should apply to a case, there is also a risk that a person could be double taxed if that individuals maintains a residence in multiple states. As a result, this article reviews some of the most important things about domicile that you should remember when it comes to estate planning.

Creating or Changing a Domicile