New York Estate Planning & Elder Law Blog

Planning for Incapacity

Published on: March 15, 2018 | by Ettinger Law Firm

A comprehensive estate plan is more than just a Last Will and Testament coupled with a trust. In includes important aspects that require careful planning for a long period of time. For instance, considering long-term medical care as part of your financial outlook and retirement planning is an important part of your estate plan because it can help safeguard assets and provide a source of financial support for your long-term needs so you can avoid draining assets from your estate to pay for unexpected costs. However, you should also consider planning for challenges like incapacity to ensure the integrity of your estate.

Tools for Planning

A durable power of attorney can help protect your rights and assets in the event of incapacitation. These documents nominate an individual to make important legal and financial decisions for you, especially in relation to your assets. The individual you nominate can work within the authority you provide them with to protect assets within your estate.

How the New Tax Laws Could Help your Estate Planning Goals

Published on: March 13, 2018 | by Ettinger Law Firm

The new tax laws taking effect in 2018 give both individuals and couples even more flexibility to plan for their estates and ensure the largest possible part of their estate goes to beneficiaries on a tax-free basis. While the changes will remain in effect until 2025, families should start formulating estate plans now in order to take the greatest advantage possible of the reforms and craft the best possible plan for the future.

The tax reform bills substantially increases the individual estate and gift tax exemption from $5.6 million to approximately $11.2 million and up to $22.4 million for a married couple. After December 31, 2025, the numbers will revert back to their 2017 numbers adjusted for inflation. However, law makes no changes to the 40 percent tax rate currently imposed on transfers in excess of the exemption amount.

With the new changes, wealthy individuals and couples should consider immediately making large gifts or create trusts to maximize their federal estate and gift tax exemptions. Having the ability for married couples to transfer up to $22.4 million can benefit multiple generations of family members and avoid any future additional wealth transfer taxes. Furthermore, those who have already expended their gift tax exemptions prior to the end of 2017 will now have an additional $11.2 million to work with.

Talking to Your Spouse About Estate Planning

Published on: March 12, 2018 | by Ettinger Law Firm

While comprehensive estate planning is an important discussion, it is not typically one families have while sitting around the dinner table or enjoying family game night. The fact is that estate planning can be a difficult topic to bring up, and discussions about the approaches you and your spouse will take can be even more challenging.

However, talking to your spouse about the importance of estate planning – especially if you have a family to provide for – is something that has to happen at one point or another if you and your spouse want to ensure the integrity of your estate and the assets within it. The following tips might help you broach the subject.

Be Clear About Your Objectives

Potential Changes for Retirees Could Mean Changes for Your Estate Plan

Published on: March 10, 2018 | by Ettinger Law Firm

The impact of the newest tax reform efforts will likely take a long time to settle in. However, there are many potential short-term changes that could impact retirees in the coming years. That means that reviewing and revising your estate plan could be an essential component of being prepared for the effects of new tax approaches. Recently, Marketwatch.com published an article giving some insight to some of these changes.

Changes to Property Tax Deductions

Under the new tax plan, only $10,000 of property tax can be deducted federally. That means that retires may more readily consider the impact this deduction has on their tax liability. Many retirees may consider moving from sates with higher property tax to ones with lower property tax in order to take advantage of the deduction but avoid spending additional money in property taxes that cannot be recouped.

Mortality Rates Down for Older Americans

Published on: March 10, 2018 | by Ettinger Law Firm

Promising statistics recently came out early this year indicating the mortality rate for older Americans is down from 2015 to 2016, perhaps due in part to the greater access to healthcare our elders enjoy now that insurance companies cannot deny individuals with pre-existing conditions. For Americans age 75 to 84, the mortality rate improved by 2.3 percent between 2015 and 2016, or twice the rate of improvement seen between 2011 and 2016. The figures come from the Society of Actuaries and is based on data provided by the Centers for Disease Control.

Mortality also improved for those 85-years and older by 2.1 percent, which is more than three times the rate of improvement between 2011 and 2016, according to new analysis from the Society of Actuaries. However, Americans aged 25 to 34-years old saw their mortality rates increase by 10.5 percent in 2016 which represented the highest of all age brackets.

The Society of Actuaries believes the uptick in mortality rates for younger Americans is due to a spike in accidents and the nationwide opioid epidemic. According to the report, opioid deaths are up almost 25 percent across the country in 2016, which constituted the highest increase for any single type of death.

Late-In-Life Divorce Challenges and Your Estate Plan

Published on: March 3, 2018 | by Ettinger Law Firm

Divorce is never an easy experience, no matter what age it occurs at. However, individuals going through a late-in-life divorce may be even more surprised at some of the challenges this experience can present. Many of the difficulties experienced by older individuals that make the choice to get divorced can have a significant impact on their estate plans. A recent article from Marketwatch.com provides some insight as to how a late-in-life divorce can impact your estate plan from those that have experienced it.

Difficult Job Market

While the economy may be on the road to recovery, history has shown us that can change at any moment. Even in the best of economic times, finding a job that can help maintain the standard of living you are accustomed to or want to experience can be very difficult at any age. According to individuals that provided commentary for the article, this is an exceptionally difficult task for older individuals. The problem may be compounded for spouses that have been out of the job market for a longer period of time, or who may not meet the educational requirements that many positions now demand.

Where Do I File for Probate?

Published on: February 26, 2018 | by Ettinger Law Firm

When someone passes away, he or she typically designates an individual as the executor of the estate in a last will and testament. As the executor of the estate, that individual has tremendous responsibility to fulfill his or her duty to the deceased and carry out that person’s final wishes to distribute property as desired. Unless executors fully embrace their responsibility to act as the representative of an estate and gather all the necessary documentation, complications can arise that may delay what should otherwise be a relatively simple process.

One of the most important primary steps the executor of the estate will have to take is filling the estate with the appropriate probate court in New York State. The proper venue is in the probate court of the county where the deceased lived or intended to return to if he or she was away from their residence at the time of death. If the will is filed with the wrong probate court, the judge hearing the case will likely be forced to reject the will’s entrance to probate.

If the deceased had more than one home, the proper county would be the one where the individual primarily lived or intended to live before passing away. Often times, older people live out their final days in nursing homes or assisted living facilities in counties outside of where there home actually is. Again, the proper jurisdiction to file probate would be where the person lived or would have lived had he or she not been a resident at the nursing home or assisted living facility.

Life Insurance and the Estate Tax

Published on: February 26, 2018 | by Ettinger Law Firm

There are a number of important factors to consider when it comes to comprehensive estate planning. Every family has unique needs, and every estate plan is different and designed in a way that best meets those needs. However, many estate plans include life insurance as an important component of ensuring loved ones are taken care of. While life insurance can be an important part of an estate plan, it is important to plan appropriately to make sure you can make the most out of your life insurance policy.

Life Insurance and Estate Tax

The new tax bill has raised the estate tax threshold quite a bit by doubling it to an individual threshold of $10 millions and a married threshold of around $20 million, with the actual number dependent in some part on inflation. The change in the law is not permanent, either. In fact, it will expire in 2025 absent further action by Congress.

Preventing Disagreements from Unraveling Your Estate Plan

Published on: February 23, 2018 | by Ettinger Law Firm

Comprehensive estate planning is challenging, and the process is unique for every couple and individual. Most people put a lot of time and energy into crafting an appropriate estate plan, including working with an experienced estate planning attorney to make sure that the estate planning mechanisms they want to put in place comply with applicable law and will accomplish the person’s goals for his or her assets. We have recently written about some warning signs that your estate plan may be at risk of being challenged, but there are steps you can take to minimize that risk.

Work with an Experienced Estate Planning Attorney

Preparation is key in estate planning. Not only can being prepared help you ensure that the assets you have worked hard for are secure, but it can also help you avoid unwarranted challenges to your estate plan. Working with an experienced estate planning attorney can help you make sure there are no legal loopholes in your estate plan and that it complies with both federal and state law. This in itself can help avoid may challenges to an estate plan. The earlier you start to engage in comprehensive estate planning, the less likely your estate plan will be challenged on technical and legal grounds because you can avoid many claims of undue influence or issues related to your state of mind when creating your estate plan.

How Do I Obtain a Death Certificate in New York?

Published on: February 22, 2018 | by Ettinger Law Firm

When someone dies, a death certificate records on paper the time and place where the decedent passed away. While the funeral director where you lay your loved one to rest will usually obtain several copies for your records, it may be necessary to obtain a certified copy that has a raised seal and can be used for matters like settling an estate or claiming insurance benefits.

If someone passes away in New York City, Bronx, Brooklyn, Manhattan, Queens, and Staten Island, you can obtain a copy from the New York City Office of Vital Health either online or through the mail. If the decedent passed away outside of New York City but in the state of New York, you can order a certified copy of the death certificate online or by mail from the New York State Department of Health.

It is important to note that death certificates can take anywhere from three to four weeks to receive once ordered and are comprised of two parts: the standard certificate of death and the confidential medical report detailing the cause of death. To obtain the confidential medical report with the death certificate, you must be a relative of the deceased. That person can be: a spouse, domestic partner,parent, child, sibling, grandparent, grandchild, informant listed on the certificate, or person in control of disposition.