New York Estate Planning & Elder Law Blog

Estate Planning Is Critical During a Period of Wealth Transfer

Published on: July 5, 2022 | by Ettinger Law Firm

Although it was long predicted, the country is currently in the middle of the biggest transfer of assets in current history. The Federal Reserve reports that at the end of 2021’s first quarter, people in the United States who are 70 years of age and older had net worths of approximately $35 trillion.

The question of whether people in the United States will prepare to transfer assets depends on the extent of funds that pass on to attorneys, courts of love, and needy loved ones.

When someone you love passes away, assets are ideally passed to people and organizations chosen by the deceased individual. Many people are not adequately prepared to pass on assets, though. One study reveals that approximately 46% of Americans own wills, which are vital estate planning documents. Estate planning helps a person appoint who will take care of loved ones and determine how assets will be assigned after you pass away. While some people make the mistake of thinking that only the wealthiest individuals need estate plans, everyone including people of modest means need estate plans to achieve their estate planning goals.

Taking Advantage of the Estate Tax Portability Provision

Published on: July 5, 2022 | by Ettinger Law Firm

The estate tax exemption is slated to return to $5 million in 2026. For married individuals, the exemption is considered portable”, which means that the estate of the second spouse to pass away can benefit from the unused amount of the exemption that was available to the first spouse who passed away.

This change in tax law means that wealthy individuals’ estates can be protected from the claw of federal law through a $10 estate tax exemption. The indexed amount is $12.06 million for people who pass away in 2022. Meanwhile, transfers among spouses remain exempt from taxation due to the unlimited marital deduction. Consequently, many people do not need to be concerned about the federal estate tax.

The portability election, which has been titled by legislatures the “deceased spouse unused exemption” (DSUE) is an election utilized by an estate’s executor.

What You Should Know About Creating a Special Trust for Your Elderly Loved One

Published on: July 5, 2022 | by Ettinger Law Firm

Many adults with special needs children routinely worry about how the child will survive when the parent can no longer support them. Often, leaving money directly to a special needs child can end up jeopardizing that child’s ability to receive any support from government-funded programs including Medicaid and Supplemental Social Security Income. To receive funds from these programs, beneficiaries often must have below a few thousand dollars in assets.

In these situations, special needs trusts can help to provide for the beneficiary once the parent or loved one is no longer around. Because the special needs trusts are viewed as owning assets, they are exempt from asset limit tests associated with government programs. Special needs trusts can meanwhile help to support quality-of-life improvements for a beneficiary. Special needs trusts also help to avoid situations where a family member receives funds and the other relatives are left to face the burden of this responsibility as well as the cost of care.

Due to the interest in special needs trusts, the number of these trusts has been growing substantially. Despite these benefits, special needs trusts come with certain regulations regarding who can qualify to use them as well as how earnings are taxed, which can end up influencing situations that warrant using these trusts.

The Stonewall Era of LGBTQ+ Elders Approaches Long-Term Care

Published on: July 5, 2022 | by Ettinger Law Firm

One new study found that many LGBTQ+ individuals worry that prejudices held by long-term care facility staff could continue placing these elderly individuals in an environment rife with discrimination and misunderstanding. Many elderly LGBTQ+ individuals even feel the need to go “back into the closet” due to fears about being treated worse by long-term care staff.

These findings come thanks to a new review that examined 20 recent studies between 2000 to 2019. Each of these studies focused on older individuals as they adapt to long-term care settings. This review also found that long-term care staff is often unfamiliar with the challenges faced by same-sex Americans.

The LGBTQ individuals who are currently transitioning to nursing homes and long-term care facilities are the first “out” generation who lived through the Stonewall Riots and marked the first generation to live openly. This generation also weathered the HIV outbreak along with a great deal of other trauma and discrimination.

Health and Human Services Lengthens Deadline for State Improvements to Some Medicaid Services

Published on: July 5, 2022 | by Ettinger Law Firm

The Department of Health and Human Services through the Centers for Medicare & Medicaid Services recently notified states that they have one more year to utilize funding from the American Rescue Plan to bolster both community- and home-based services for Medicaid recipients who require long-term care support and service. The policy represents the most recent action by the Biden administration to improve the field of health care as well as to help individuals receive in settings of the patient’s choice while also reducing reliance on care from institutions.

A Secretary from the Health and Human Services has commented that all individuals deserve the dignity to reside in their home and surrounding community and that the existing Administration remains focused on guarding these rights. Due to funding from the President’s American Rescue Plan, the secretary also commented that the organization is focused on expanding community- and home- based services for aging and/or disabled adults throughout the country. The secretary also noted that the Department is working with each state to make sure that the state has adequate time as well as support to improve their home care systems.

The Centers for Medicare and Medicaid Services has commented that the Biden Administration is focused on increased community- and home-based care for the elderly and disabled. Due to the additional plan, the Center has commented, additional funds will support individuals with Medicaid to live in a location that they choose. With the extension, the Center is focused on meeting state concerns, giving states the necessary resources to improve care connections in communities and homes.

Estate Planning Alternatives to Quiet Trusts

Published on: June 22, 2022 | by Ettinger Law Firm

Many people want to avoid involving children in conversations about trusts. This article reviews some ideas that are helpful to consider when people decide whether to establish a quiet (or “silent”) trust or a trust that allows keeping the trust’s existence or details about the trust from beneficiaries as well as for the extent of time that the trust will remain quiet.

Research reveals that approximately 70% of wealth transfers do not operate properly by the third generation. Not operating properly in this context involves the receiving generation losing control of assets in the trust. Routinely, this is not due to inadequate wealth planning or unwise investing, but instead to an absence of trust, transparency, and lack of planning. Before considering quiet trusts, it’s a good idea to consider the wider picture of family governance as well as preparing children for the assets that they will one day receive. Instead of considering quiet trusts as an alternative to wills, you should also consider involving your beneficiaries directly in discussions about the trust once they reach the appropriate age. What constitutes an appropriate age is influenced by the structure of a family, but in many cases is earlier than a person thinks.

How Wealth Is Transferred

Raising Issues of Incapacity or Undue Influence to Challenge Estate Plans

Published on: June 22, 2022 | by Ettinger Law Firm

After a loved one passes away and you learn about that person’s estate plan for the first time, it’s common to encounter various emotions as you respond to the terms of the plan including shock, sadness, or even anger. Based on the estate plan’s appointments, beneficiaries, or other times, you might be left wondering if you will be able to raise any type of claim to challenge the terms of the estate plan. This article reviews some of the basics that you will need to follow if you plan on raising a strategy based on either undue influence or incapacity.

# 1 – Not Everyone Can Challenge a Will

Beneficiaries do not acquire protected interests in a person’s property until after that person passes away. Often, a person cannot attack a will until after that person’s death. This is because the person who creates the estate plan can theoretically alter the terms of an estate plan any time before the creator passes away. If a person is interested in challenging a Durable Power of Attorney or Health Care Proxy, however, a person can challenge these documents during a person’s lifetime. No restriction exists regarding who can challenge a person’s will. Often, one or more family members of the person who created the estate plan can challenge the document’s terms.

Audits Could Leave Many People Without Health Insurance

Published on: June 22, 2022 | by Ettinger Law Firm

State audits have the potential to impact 15 million individuals including 6 million children losing their health insurance. Some state workers are concerned that they might lack the resources to aid people in finding new insurance coverage.

The existing federal public health emergency will expire this year, which will subsequently trigger a requirement that state workers must examine Medicaid to determine who qualifies as eligible. Over the last two years, these audits have been suspended. With the resumption of these adults, up to 15 million individuals are losing their medical insurance.

The Role of the Biden Administration

Postal Service Switches Retirement Benefits to Medicare

Published on: June 22, 2022 | by Ettinger Law Firm

Congressional efforts to revise the country’s mail service might come at the cost of an even more nuanced issue involving Medicare.

The Postal Service Reform Act of 2022 would help to free post office costs by resolving the unusual and challenging legal requirement to fund 75 years of retirement health benefits in advance. In return, this Act would require future Postal Service retirees to participate in Medicare.

The Congressional Budget Office reports that the movie would save postal retirement as well as healthcare programs more than $5 billion and add more than $5 billion in costs to Medicare from now until 2031.

Utilizing Trusts to Reduce Taxes Faced by Your Legacy

Published on: June 16, 2022 | by Ettinger Law Firm

Many people are curious about what happens after they are no longer able to manage their assets. Many chances are created when it comes to estate planning arrangements and trusts play a large role in estate planning. If you choose wisely, trusts fortunately can prove to be an excellent way to reduce the taxes ultimately placed on your estate.

Establishing a Trust

Trusts are a type of arrangement used to the advantage of entities or people that the trust creator selects. Trusts vary greatly in activation as well as how they are accessed. Trusts tend to break down into the following kinds: