New York Estate Planning & Elder Law Blog

Registering your Will with a Probate Court in New York

Published on: November 12, 2017 | by Ettinger Law Firm

After taking the time to plan and execute a will, many people wonder what to do with the actual document to ensure it stays safe and can be found by the executor when the time comes. Without the original, executed copy of the last will and testament, the executor may be unable to pass the estate through probate and the court will consider the estate to be in intestacy.

Some of the most common places people keep their wills can include the office of the attorney who may have helped draft the will and advise the client, a safe deposit box in a bank, or in a fireproof safe at the individual’s home. Each of these scenarios have strengths and weaknesses and what may be the right fit for one person may not be the best for another. In any case, the executor’s access to the original copy of the last will and testament is crucial to the estate passing through probate.

Another less well known option is the register the original copy of the will with the appropriate Surrogate’s Court while the testator is still alive. Filing the will with your local probate court is a good plan in case the executor to your estate cannot find the original copy of the will or if you believe the document may be subject to tampering.

The Importance of Digital Assets in Estate Plans

Published on: November 9, 2017 | by Ettinger Law Firm

Laws that address how a person’s estate should be divided after their death were created at a time when no one had anticipated the onset of the electronic era. Today, however, there are many important elements of a person’s life that involve digital files. Some of the most common examples include electronic bills that are not printed in paper form and profiles created through social media accounts that contain personal information.

It is critical that individuals who have important information that exists in digital form take proper steps to prepare their account in case of their unexpected demise. If these preparatory steps are not taken, individuals are at risk of having their assets or estate being divided in a manner that they might not have desires. This article will review some of the most crucial tips that should be followed during estate planning by individuals with digital assets.

Tip #1 – Adequately Record Account Names and Passwords

Preserving Income with Medicaid Pooled Trusts

Published on: November 8, 2017 | by Ettinger Law Firm

Medicaid is a safety net for millions of senior citizens across the country, providing funding to pay for home care, adult day care, or prescription drugs. However, the program is designed for low income individuals and can leave many on the fence financially over whether to choose to spend down assets or pay for these necessary services themselves.

Currently, the threshold to receive Medicaid services is only a few hundred dollars for individuals and just over $1,000 for married couples, which leaves these individuals with little income to pay rent, utilities, or buy groceries. Even financially secure seniors can find themselves needing vital Medicaid services like in-home or nursing home care in the event of a catastrophic health event, making planning for the future and keeping options open all the more vital.

One option that may be viable for certain individuals is joining a Pooled Supplemental Needs Trusts, also known as a Pooled Income Trust. Pooled income trusts work by the individual sending his or her income from Social Security, pensions, or annuities to non-profit organizations to pay bills and other expenses to stay below the Medicaid threshold. Any income left over after the individual passes away goes to the non-profit.

Common Myths About Estate Planning

Published on: November 7, 2017 | by Ettinger Law Firm

A large number of individuals are confused about some of the complicated issues involved in estate planning. It is critical, however, that individuals understand all of the details about estate planning. Failure to properly understand the estate planning process can result in individuals facing some substantial difficulties including improper administration of assets.

Myth 1 – A Last Will and Testament Avoid Probate

In actuality, in the state of Florida, even if a person writes a Will and Last Testament, the individual is still required to make sure that a decedent’s assets are passed to the proper heirs and beneficiaries.

Joint Ownership in New York

Published on: November 4, 2017 | by Ettinger Law Firm

Many of the assets we own are held in joint ownership with another person, typically a spouse or other family members. Types of assets commonly held in joint ownership with others include homes, real estate, bank accounts, and other investments. When it comes time to writing a will and engaging in estate planning, asset holder need to understand the different types of joint ownership under New York law and how it can affect the outcome of passing an estate through probate.

One of the most familiar forms of joint ownership in New York is known as joint tenancy with rights of survivorship and is very common between married couples for joint checking accounts, homes, and other property. Under this type of arrangement, assets do not need to pass through probate since the surviving spouse or person automatically receives the deceased’s property rights.

Under joint tenancy with rights of survivorship, each person has an equal and undivided share of the assets and is entitled to sell his or her share to another party. If a sale occurs, the joint ownership agreement becomes a tenancy in common and the assets lose some of the protections they otherwise would have enjoyed under a joint tenancy with rights of survivorship.

Three Estate Planning Tips for Blended Families

Published on: November 3, 2017 | by Ettinger Law Firm

More and more often, families include less traditional definitions than they once did. Remarriages are more common, and cohabitation in lieu of marriage is also more common. In other words, blended families are increasingly common in our society today. If you are considering remarriage or have already remarried, it is extremely important to think about estate planning for your new marriage and how to either approach it from the beginning or revisit an estate plan that may already be in place. The following tips could prove useful for blended families exploring the estate planning process and may help you figure out where to begin your estate planning discussion with an experienced estate planning attorney.

Consider a Prenuptial or Postnuptial Agreement

A prenuptial agreement is an agreement that you enter into with your perspective spouse before the two of you get married. It sets out terms that dictate the property and financial rights of the spouses in case of divorce. They can also be used to set forth terms of asset distribution and other important aspects of estate planning. By specifying these terms, you can help your loved ones avoid conflict between members of your blended family while ensuring that your wishes for your assets are carried out. A postnuptial agreement can accomplish many of the same goals but is entered into after you have already gotten married.

Understanding Holographic Wills

Published on: November 1, 2017 | by Ettinger Law Firm

The internet provides us with a wealth of information at our fingertips. Unfortunately, some less scrupulous websites take advantage of the trust many people put into the internet and provide less than sound legal advice on important issues – like creating a Will and/or a trust. Sometimes, people mistakenly believe the advice they find on the internet, which can be wholly incorrect or only applicable in certain jurisdictions. One problem many individuals come up against is believing that they have a valid Last Will and Testament but what they really have is known as a holographic will.

What is a holographic will?

Basically, a holographic will is a will that has been entirely handwritten and then signed by the testator. Typically, such wills do not have witness signatures. For any Will to be valid, it must comply with the statutes governing trusts and estates in the respective state that the Will is being created and/or administered in. Sometimes, a state will allow a Will to be administered if it was created in another state and would have otherwise been valid in the state where it was created even if it contradicts the administering state’s laws. For the most part, holographic wills are invalid in most states.

Advice on Discussing Estate Plans With Adult Children

Published on: October 31, 2017 | by Ettinger Law Firm

It is often difficult for parents to determine whether to share details about an estate plan with their adult children. Unfortunately, there is no simple answer or easy solution to determining when to share this information with adult children. Fortunately, there is some advice to help parents decide when to disclose these details with adult children. This article will list some critical advice that parents should follow when discussing information about their estate plan with adult children.

Tip #1 – Be Certain to Make Personal Property Plans

It is very important that parents have a conversation with adult children about any personal property that multiple individual might want because personal property is one of the estate planning areas most likely to result in arguments between beneficiaries. To fully anticipate any arguments that might arise, parents should make sure to afford each adult child the opportunity to talk about their favorite items so that an agreement regarding how the personal property will be divided can be made.

Missteps with Retirement Withdrawals May Significantly Impact Your Estate Plan

Published on: October 30, 2017 | by Ettinger Law Firm

Comprehensive financial planning is an intricate, multistep process that often goes hand-in-hand with comprehensive estate planning. There are many different financial planning options available to you when you begin thinking about planning for your retirement, and it is never too early to start looking into them. One of the most commons options people choose in planning for retirement is the establishment of a retirement account like an IRA or 401(k) plan. A recent article from The Motley Fool discusses three common missteps people make when approaching their retirement account withdrawals.

Waiting Too Long

The United States Internal Revenue Service requires minimum distributions from retirement accounts after age seventy and a half. However, that does not mean you need to wait until then to start taking these distributions. In fact, doing so could actually cause you unintended financial harm. By the time a person is seventy and a half, they have likely amassed a good deal of savings in these retirement accounts.

Important Steps in the End of Life Planning Process

Published on: October 27, 2017 | by Ettinger Law Firm

It is important for individuals to properly plan the end of their lives. There are many critical estate planning tools that should potentially be used during this planning process. While an estate planning attorney can help individuals navigate each of these issues, it is important for people to understand what each of these documents are and why they are very important. This article will review four of the most important end of life documents that individuals should consider creating with the assistance of a strong estate planning attorney.

Document # 1 – Advance Care Directives

These documents place in writing the desires that a person has about their health care to make sure that their wishes are followed in the event that they become incapacitated or in any way are unable to communicate them. These documents are very important because they make sure that patients who are permanently unconscious or terminally ill receive the care they deserve.