New York Estate Planning & Elder Law Blog

Creating Estate Plan for Your Pets

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

One of the most pressing questions asked by people that loved their pets is how they will respond if their pet dies. Some people assume that a relative or family member will happily take the pet, this is not always true. In reality, it is almost always a much better idea to create estate plans about how your pet will be taken care of following your demise. This article will reviews some of the critical things to think about when it comes to leaving a pet behind.

# 1 – Appreciate the Expenses Associated with your Pet

When deciding how much money to designate for the care of your pet in the future, it is critical to understand that the associated costs can vary greatly. Caring for a larger, recently born animal can be much different than the costs associated with an older, much smaller cat. To determine the amount that should be allocated, some people find it helpful to calculate the costs associated with several months of care for the animal.

Frequently Asked Questions About Powers of Attorney

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

For a lot of people, vestin a power of attorney in another individual is one of the most important aspects of estate planning they may have to undertake, possibly even more important than drafting a last will and testament. This is because a power of attorney, sometimes referred to as a durable power of attorney, is charged with making financial and health care decisions on another’s behalf in cases where that individual is unable to do so.

Without a power of attorney, families will need to wait for a judge’s order to appoint a guardian over their loved one’s affairs in the event he or she becomes incapacitated. This can result in increased legal and emotional hardships on family members coping with an already difficult situation. The utility of powers of attorney is that they do not take effect until an individual is incapacitated but when they do, these power take effect right away.

One common question folks have about powers of attorney is whether their rights are diminished in any way by vesting authority in another person to make financial decisions. Granting another person power of attorney over one’s affairs does not limit one’s rights in any way, the authority simply gives the other person the power to act when or where one cannot. That being said, it is extremely important to choose someone you can place your trust in.

Important Estate Plan Considerations as You Begin 2019

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

It might be surprisingly to learn that a large number of people have estate plans that are not adequately updated. Fortunately, there is no better time to begin estate planning than the New Year. This article reviews some of the numerous estate planning that you should think twice about incorporating into your plans in the new year.

# 1 – Make Sure to Update Everyone about Estate Plan , Changes

You should make sure to inform anyone who will be affected by any changes to your estate plan. If you do not yet have an estate plan, now is the perfect time to create one and then inform your beneficiaries about the contents of your estate plan.

Signs it is Time to Revise Your Estate Planning Documents

Published on: February 20, 2019 | by Ettinger Law Firm

There are a number of common types of estate planning errors. One of the most widespread errors is the failure to update a person’s estate planning documents. As a result, even if you have written estate planning documents, there are numerous events that can arise that interrupt with your plans and require the revisions of these documents. This article reviews some of the most common signs about which people with estate plans should be aware.

# 1 – Executors Become Inappropriate

Executors refer to the individuals that are tasked with implementing an estate plan. Many people appoint executors without thinking carefully about whether the assigned person is able to perform successfully. Unfortunately, circumstances occur that make it no longer necessary to appoint a person as an executor. In these situations, it is critical to consider the individuals that are appointed in your estate plan and whether they are able to successfully carry your goals.

What your Estate Plan Should Include

Published on: February 20, 2019 | by Ettinger Law Firm

Having a well through out, defined estate plan is one of the most important things we can do for ourselves and our families during our life. Without an estate plan, your assets may be thrown into the uncertainty of probate court and legal challenges from interested parties that may feel they are somehow owed part of your estate. Those are just some of the very good reasons to have an estate plan and one that includes more than just a last will and testament.

For starters, an estate plan should include a revocable or “living trust” to pass assets onto friends and family while avoiding probate. Sometimes referred to as an “inter vivos” trust, it is a legal document through which assets are placed into a trust for your benefit during your lifetime and then transferred to designated beneficiaries at your death by your chosen representative, called a “successor trustee.” They are called revocable living trusts because they can be amended at any time and are created during the grantor’s lifetime.

Next, your estate plan will require a last will and testament to pass on any personal or sentimental items not covered by the trust. The will can also give specific instructions for when and how these assets are to be disbursed as well as give surviving family members clear burial instructions and otherwise pass on any other sentiments that are wished to be expressed.

Reasons to Think Twice about Do It Yourself Estate Plans

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

Beginning with a list of your assets can be a simple way to begin estate planning. Unfortunately, statistics compiled by Caring.com reveal that more than half of Americans do not have a will. This is despite the numerous advantages offered by having a will which include avoiding potentially high legal fees and tax consequences. If you do not yet have a will or estate planning documents in place, it can be tempting to use one of the numerous do it yourself forms that are available online. Before writing an estate planning document in this manner, however, it is important to understand the numerous complications that can arise from creating an estate planning document on your own rather than obtaining the help of an experienced estate planning lawyer. This article reviews some of the important things that you should consider when creating an estate planning document online.

# 1 – Recognize All of the Available Options

There are several options to create an estate planning documents: a do it yourself service, on your own, or with the help of an experienced attorney. If you decide to create state planning documents on your own, it is critical to have a firm understanding of various applicable estate planning issues. If you decide to use an online service, you will not have any legal advice to create these documents or to warn if you create any mistakes while engaged in the planning process. Obtaining the assistance of an estate planning lawyer helps to make sure that you fully address any issues that can arise in the estate planning process.

Nearly Half of Americans Over 55 Have No Will or Estate Plan

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

A recent study by Merrill Lynch and Age Wave found that almost half of Americans over 55, have no idea what will happen to their assets when they die because they don’t have an estate plan or will. People often put off planning their estate because they are not ready to contemplate their morality or to make the difficult decisions about their medical care and treatment in the event of incapacity because of a mental or physical disability. The subject is difficult. However, without an estate plan your family is in for a rough ride.

The study identified stumbling blocks that prevent people from creating a will or engaging in estate planning include:

Spouses with children cannot agree on who should be appointed guardian in the event of their death.

Legal Basics: Questions a NY Estate Planning Lawyer Can Help You Address

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

An estate planning attorney has the potential to help with a number of issues. Making sure to review all applicable issues with your attorney, however, can prove particularly difficult. Some people are not even sure what issues to bring up with their estate planning lawyer can prove particularly difficult. As a result, this article reviews some of the important questions that you should make sure to raise with your attorney.

# 1 – Who Will Receive What after Your Divorce?

If you do not have a will or trust, it is a wise idea to tell your attorney how you would like your benefits distributed to loved ones after your death. The only way to make certain that your assets are based in the way that you desire is to make sure that these wishes are reflected in writing. Even if you already have a will or trust, it is important to review this document and make sure that the people who you want to inherit from your estate are actually named in your estate planning documents. Many people go a number of years without reviewing their legal documents. This means that if you have not reviewed your will for some time, it might name individuals who are no longer alive. In addition to the death of a beneficiary, there are a number of other conditions that can change how a person would like their estate to be distributed. Some other things that can change a person’s condition include financial difficulties, marriage, or the birth of new family members.

The Life-Changing Magic of Planning Your Estate

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

Marie Kondo, an organizing consultant, has taken the world by storm with her two-step approach to tidying up in her best-selling book, The Life-Changing Magic of Tidying Up: The Japanese Art of Decluttering and Organizing. First, she encourages people to one-by-one hold in their hands everything they own. Once in their hands, people should ask themselves if the item sparks joy. If it doesn’t, Kondo’s approach thanks the item for its service and then puts it in a trash pile. Second, once people identify which of their possessions gives them joy, they should place it in a visible and accessible place. Only then, will adherents to this method, experience the magic of tidying up once and for all.

We thought about this concept and how it can be used to help plan an estate. Planning an estate is a hard and uncomfortable process. It asks you to contemplate your mortality. At the end of the process you have not thrown anything out, but simply begun a process to transfer one of your possessions to someone else. While your family and friends may have a joyful reaction to receiving your beloved cabin home in Maine, that joy will be sparked by your own death. What follows are lessons we learned when we applied Kondo’s tidying up approach to estate planning.

Step One: A proper estate plan will determine what will happen to your property and how your assets will be distributed in the event of your death. It will also consider how decisions will be made regarding your medical care and treatment and finances in the event of mental or physical incapacitation. With the former, you will need to clearly articulate your wishes about your medical care. With the later, one by one, you will need to consider your property and assets and determine what will happen to it when you die. Gifts can be made to family members, friends, charitable organizations, and other testamentary instruments, like a trust.

Estate Administration Disputes

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

Family disputes often arise in the estate administration process. Especially if there is money at stake, a disgruntled family member or other interested person may be unhappy with his or her inheritance, or lack thereof. A personal representative of an estate or trust may be forced to deal with a challenge brought by one of them.

When the estate itself is illiquid, difficulties arise that when challenged often mean less is available for distribution when the dispute is ultimately resolved because of the simple fact that the asset cannot be divided but instead must be sold to be distributed. The sale and challenge are an additional cost that gets paid by the estate before an asset can be distributed. When an estate plan (a will or a trust) is challenged, the three most common reasons are listed below.

A challenge to the validity of the estate planning documents is often initiated by a disinherited family member or someone who believes, rightly or wrongly, that they are receiving less than what was gifted. A challenge to the administration of the estate or trust is really a complaint against how the personal representative is handling the administration of the estate. Usually in these scenarios, an interested party alleges that the personal representative is not doing his or her job, is using the estate or trust assets for the personal representative’s own benefit, or is acting against the beneficiaries’ best interests. The third scenario is a challenge to both the validity and the administration of the estate or trust.