New York Estate Planning & Elder Law Blog

Estate Planning Issues to Consider Before Getting Married

Published on: June 12, 2022 | by Ettinger Law Firm

In contrast to what many people think, the best estate planning considers all

aspects of your life instead of only the end. The estate planning process requires thinking about what is important to you as well as your expectations for loved ones.

Prenuptial agreements, which a person enters into before marriage, guard those you love as well as create a groundwork for transparency and trust. While some people think prenuptial agreements “kill” the romance in a relationship, these agreements often actually act to strengthen. This article reviews some of the most common advantages for estates that people realize by creating prenuptial agreements.

Understanding the Reality of Revocable Trusts

Published on: June 12, 2022 | by Ettinger Law Firm

Imagine you’ve finally met with your attorney to establish an estate plan and are now considering whether to establish a trust. Or a situation where you already have an estate plan that includes a revocable trust. In today’s world of estate planning, revocable trusts have proven to be a common but effective tool for achieving a person’s estate planning goals. This article reviews some of the important details that you should consider about the reality of revocable trusts.

# 1 – Revocable Trusts Are the Same as Revocable Living Trusts

A person can create a revocable trust during their life and maintain the power to revise the trust at any time. Revocable trusts are referred to by various names including a living trust, a revocable living trust, and an inter vivos trust. The terms of a trust are substantially more important than what a trust is called. The critical aspect that distinguishes revocable trusts from other kinds of trusts is the authority to either amend or revoke the terms of the trust.

Remember to Learn Your Parent’s Finance Plans

Published on: June 12, 2022 | by Ettinger Law Firm

The unfortunate truth is that everyone’s parents will ultimately pass away even though the average life expectancy is increasing. While some of our parents pass away while we are children, other people lose their parents when they are adults. Even though this is a grim reality, it is best to prepare for this eventuality. Because you can lose a parent at any time, you should do everything possible to prepare for this occurrence. It’s important to know just why but also how and what to talk about with your parents when it comes to estate planning.

Why These Conversations Are Important

Without documenting plans for your parent’s approach to what will happen after they pass away, you can end up in a difficult situation. Without access to your parent’s funds, you might be left to pay for the various costs they leave behind when they pass away. Unfortunately, this means that some caregivers end up spending their own money in these situations. Besides the additional costs, your parent’s end-of-life plans are also less likely to be achieved. Having conversations about these matters before your parent passes away or becomes incapacitated makes sure you’re able to tackle these issues.

Nursing Homes See Loss of Deficiency Appeals

Published on: June 12, 2022 | by Ettinger Law Firm

Nursing Homes See Lost of Deficiency Appeals

The Nursing Home regulations permit nursing homes to appeal a deficient issue for which they are cited for not meeting federal care standards in situations where the Centers for Medicare & Medicaid Services implements a fine against the deficiency.

The Center for Medicaid Services often focuses on financial penalties for nursing care centers whose deficiencies directly harm or jeopardize residents. The Center for Medicare Services success in most appeals involving administrative issues, but it seems other harms, as well as deficiencies as well as associated penalties, are resolved away from the appeal process. Consequently, more details about transparency with the nursing facility process are more plainly needed.

Additional State Oversight Needed to Improve Hospice Care for Assisted Living Population

Published on: June 12, 2022 | by Ettinger Law Firm

Assisted living has become a more popular residential selection for elderly individuals who need help performing daily living tasks. Regulations that apply to these populations, however, vary between states. Meanwhile, little study has been performed on care outcomes.

New studies evaluated end-of-life care provided at assisted living facilities. These studies determined that in states with less restrictive regulations, people who reside at assisted living facilities are less likely to pass away at hospice or home. This stands as an important gauge of the quality of care provided by assisted living facilities.

The Role of Assisted Living Communities

Eskra: A Reminder about Premarital Agreements and Estate Planning

Published on: June 4, 2022 | by Ettinger Law Firm

In the recent case of Eskra v. Grace, a person filed a petition attempting to be named as personal representative of her deceased husband’s estate. The trial court denied her petition based on a premarital agreement waiving her interest in her deceased husband’s separate property. The court named the man’s parents as the estate’s co-administrators.

The Court’s Holding

The court held that the man was entitled to introduce evidence in support of her claim that she and her deceased husband mistakenly believed the premarital agreement only applied in case of divorce instead of after the man’s death. On remand, the trial court determined that the error was a unilateral mistake on the wife’s part and that the wife had no entitlement to rescission. The court expressly found that insufficient evidence existed that the husband either encouraged or fostered the wife’s incorrect impression.

Lessons Learned from In re the Purported Will of Moore

Published on: June 3, 2022 | by Ettinger Law Firm

An appellate court recently decided the In re the Purported Will of Moore case, which involved an appeal from an order that granted summary judgment and denied relief for a judgment involving a caveat to the will of a deceased person.

The Facts Behind the Case

A man created a will at the end of 2018 appointing his sister as executor. The will passed on both the man’s real and personal property to his sister after the man’s sister passed away. The man ultimately passed away in 2019. The deceased man’s estate began probate in 2019 in the superior court. The man’s daughter filed a caveat to the will in the summer of 2019 claiming that she is the deceased man’s only biological child and that the deceased man’s will is not valid because it lacked appropriate witnesses and was written as the result of undue influence.

Austin Case Provides Estate Planning Lessons

Published on: June 2, 2022 | by Ettinger Law Firm

The Wisconsin Court of Appeals recently saw the case of Austin v. Roesler and Campbell, which provides some valuable reminders about what to do (and not do) while estate planning.

The Facts Behind the Case

The case involved a woman who executed her will in 1977, which directed that following the woman’s death the entirety of her property is given to her husband. The will also contains provisions that direct the distribution of assets in case the woman’s husband predeceased her. In this situation, the woman stated that all of her property be transferred to her children. In case any of the woman’s children pass away before her, the woman’s will states that the assets should go to the surviving heirs.

Trump Administration Medicare Faces Increased Scrutiny

Published on: June 2, 2022 | by Ettinger Law Firm

Biden-era legislatures are currently debating improving a Trump administration regulation associated with Medicare due to increasing pressure from Democrats. Also called a direct contracting model, the program implemented during the Trump administration lets private companies enroll in Medicare as health department members to revise and better care while keeping government costs as low as possible.

The measure has fallen under scrutiny from Democrats who are concerned that the Biden administration is laying a path for Medicare to become private by keeping the measure intact.

Senator Warren Criticizes Model

Biden Administration Begins Improvement of Nursing Homes

Published on: June 2, 2022 | by Ettinger Law Firm

President Joe Biden recently utilized his State of the Union address to begin a major improvement in the quality of nursing homes in the country. This improvement addresses an increase in minimum staffing levels as well as efforts taken to improve inspections while all-the-while following the Covid-19 safety protocol.

Biden administration officials have outlined over a dozen separate actions with many pursued by advocates while opposed by the industry. One major missing element is new channels of federal financing to compensate for improvements.

New Changes in the Nursing Home Industry