One of the most important decisions clients need to make, when preparing their will, is who to choose as Executor of their estate. An Executor is the person who will be responsible for collecting assets, paying taxes and other expenses, and then distributing what is left. If there is a home, the Executor will...
Making Gifts in Order to Avoid Estate Tax
Federal law allows one to gift up to $14,000 per year to as many individuals as desired, without any adverse gift tax consequences and without the filing of a gift tax return. Certainly, this is a very effective way of reducing one's estate and, therefore, reducing or even eliminating the estate tax. In addition...
Investing In Long-Term Care Insurance
Clients are often reluctant to spend money to purchase long-term health care insurance. While that is understandable, if one can afford the cost and is healthy enough to obtain the insurance, it is indeed a very wise investment. With nursing homes currently costing in excess of $10,000 per...
The Differences Between a Health Care Proxy and Living Will
Clients often inquire about health care proxies and living wills and wonder what the difference is between the two, if any. A health care proxy is simply a document where you appoint someone to make health care decisions if you become incapable of making them on your own. These decisions...
Important Estate Planning Considerations For Dual Residents
It is quite common for people to have two homes, usually one in New York and one in Florida or some other southern state. While a will prepared in one state is usually valid in all other states, if done in accordance with the law of one's...
Guardianship of Disabled Children
If you have a child who suffers from a type of disability which makes it impossible for the child to make his/her own decisions, then you will need to obtain legal guardianship of that child once the child nears the age of 18. At eighteen years old, a child is...
Long Term Health Care Planning: How To Protect Your Home
It is a well-known fact that nursing care, whether rendered at home or in a nursing facility, is extremely expensive. Even if one possesses substantial assets, those assets will be eroded quickly as a result of spiraling...
Planning For When Your Child Attains The Age Of Majority
Parents are usually relieved when their child turns eighteen (18) years old. One reason is that they no longer need to worry about having a guardian for that child in the event something happens to the parent(s). By the same token, however, once the child becomes an adult under the law, the parent may...
The Importance of Establishing A Supplemental Needs Trust
It is extremely important for the parents of a child with special needs to embark on estate planning early on in the child’s life. First, in order to permit the child...
Protecting Inherited and Gifted Assets in a Divorce
In New York, as in many other states, gifted and inherited assets are considered “separate” property for matrimonial purposes. Essentially, this means that you need not share those assets with your spouse in the event of divorce. However, it is extremely important that you keep those assets in your own name, and...