Update Your Estate Plan Following Divorce
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Update Your Estate Plan Following Divorce

Divorce is often traumatic and is almost always an emotional and overwhelming process. It typically changes living arrangements and results in the division of assets and the apportionment of custody for minor children. Often, people in the process of divorcing become so caught up in these changes that they neglect to consider how the divorce...

Protecting Retirement Accounts from Creditors
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Protecting Retirement Accounts from Creditors

Individual retirement accounts were always believed to be protected from creditors. On June 12, 2014, the Supreme Court decided otherwise.   Here are the facts: Ruth Heffron died owning an IRA. Ruth had not designated a spouse as beneficiary of her IRA. She would have been allowed to “roll” the account into her own IRA....

Understanding Home Care
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Understanding Home Care

Our clients are frequently confused by the various types of services that fall under the general term “home care.” Generally, home care helps disabled adults and chronically ill or cognitively challenged seniors live independently for as long as possible, given the limits of their medical condition. It covers a wide range of services and is...

Mistakes Executors Make
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Mistakes Executors Make

Executors are bound by a bewildering array of responsibilities and duties. There is no official training manual, at least not one designed for the public, and they are often challenged by the conflicting demands of the job. Here are some common pitfalls that executors should avoid.   Failing to read, understand and follow the terms...

Guardianship – Different Strokes For Different Folks
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Guardianship – Different Strokes For Different Folks

Generally speaking, guardianship is a legal relationship, authorized by a Court, under which one person, the “guardian,” has the right and duty to care for another, the “ward,” and/or their property. In New York, there are three (3) different types of guardianship proceedings, each suited to a different set of circumstances.   Article 17 of...

Selling Your Home in an Irrevocable Trust
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Selling Your Home in an Irrevocable Trust

Is your home owned in an irrevocable trust? If so, you may have a life estate interest in your home and your irrevocable trust may own the remainder interest. This means that you continue to own the exclusive right to live in the home for the rest of your life, and are responsible for all...

Medicaid Changes
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Medicaid Changes

Last year we addressed anticipated changes to community based Medicaid eligibility (home care) with the passage of the 2020 budget. Be- cause of the pandemic, these new rules have not been implemented. They are currently deferred until October 2022. However, that could change depending on the severity of the new variants. In the last few...

Estate Planning in the Age of Step-Families
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Estate Planning in the Age of Step-Families

Many of us have at least one step- relative in the family – a step-parent, a step- or half-sibling or a step-child. Because the relationships among step-family members are frequently as strong or stronger than the relationships we have with our direct family members, it is important to take current and potential step- relationships into...

Medicaid’s Protections Are Afforded To Same-Sex Couples Nationwide
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Medicaid’s Protections Are Afforded To Same-Sex Couples Nationwide

In a landmark decision, the U.S. Supreme Court has ruled that state bans on same-sex marriage are unconstitutional and that states must recognize same-sex marriages performed in other states. Among other implications, the ruling means that same-sex couples living in states that previously did not recognize their marriage will now be covered by Medicaid’s “spousal...