What documents should be part of a basic Estate Plan?
A basic estate plan involves planning for two things; a person’s demise and their incapacity. A Person’s Demise “In this world nothing can be said to be certain, except death and taxes.”- Benjamin Franklin. Unfortunately, we all only have a limited time on this earth. Estate planning details how you would like your property to […]
What does the New York Jets all time sack leader have to do with Elder Law?
Recently Mark Gastineau, the New York Jets all time sack leader, told the public that he was diagnosed with dementia, Alzheimer’s disease, and Parkinson’s disease. Alzheimer’s disease is an awful disease that affects the brain and destroys memories and other important mental functions. He may not be able to recall family members or how to […]
What Happens if I Die without a Will?
What happens if I die without a Will featuring Daredevil Dan If a person dies without leaving a Last Will & Testament, that person has died intestate. Intestacy is the default rules in New York has as to who would inherit your property if you did not have a Will. It is codified in EPTL […]
What is a Probate Estate?
Probate is defined as the official proving of a Will. Many people think that when they create a Will all their assets will be distributed according to their will. This may not be the case. The only assets that can be administered according to the terms of the Will are assets in the probate estate. […]
Seven Benefits of a Revocable Living Trust
Many Americans simply leave a will to distribute their assets upon their passing. However, the creation of a Revocable Living Trust creates several benefits unavailable to those simply leaving a will. Here are seven benefits to creating a Revocable Living Trust 1) Avoiding Probate- A great benefit of a living trust is that it […]
The Power of the Power of Attorney
A power of attorney is a very interesting and possibly powerful document. The document gives a person you choose, your agent, the power to act for you. The powers given to the agent can be incredibly broad or very specific. For instance, you can narrowly tailor an agent’s power to act only for real estate […]
“Running Roughshod?” – A Case to Ponder
An important case has recently been decided and should be thoroughly reviewed by those who practice Article 81 Guardianship. In a bitterly split panel of the Appellate Division, First Department, the majority affirmed sanctions imposed on an attorney in an Article 81 guardianship hearing. The majority, however, reduced the amount of sanctions imposed. Justice Andrias […]
Importance of Elder Law Attorneys
Medicaid planning, estate tax issues, estate planning, poor family dynamics, and planning for incapacity are a small list of what Elder Law attorneys face on a daily basis. Having the guidance of a trusted elder law attorney allows you to develop the proper legal documentation for taking care of your property. It allows you to […]
When is Updating My Estate Plan Important?
Once you have gone through the entire process of creating an estate plan, there are important dates that you must keep in mind moving forward. You should revisit your estate plan after any of the following important life events: Marriage: A spouse should be provided for in a person’s will. Even if a spouse is […]
What is Elder Law?
Many people may not understand what elder law is or even know that they are looking for its services. Elder Law is a legal term used that covers a range of legal services targeted towards senior citizens & the aging population. There are three main categories and legal services involved in Elder Law and they […]