How Do I Encourage My Elder Parent or Loved One To Take Necessary Steps?
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How Do I Encourage My Elder Parent or Loved One To Take Necessary Steps?

Encouraging an elderly parent or loved one to undertake estate planning is a sensitive topic. Many of our clients have described feeling awkward or believing that their motives were in question. Yet learning about our loved ones’ legal and financial affairs can help prevent serious problems later.   Think about the issues you want to...

Changing IRA Distributions and Loans
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Changing IRA Distributions and Loans

We previously reported about the drastic changes the SECURE Act, which became effective in January 2020, will have on retirement accounts and estate plans. The coronavirus has also impacted retirement accounts. The “Coronavirus Aid, Relief, and Economic Security Act” (CARES Act), which was signed into law on March 27, 2020, among other important provisions, postpones required...

Spring Cleaning
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Spring Cleaning

Spring is the time of year when we customarily remind our clients and friends to think about their estate plans and we encourage them to take the steps to ensure that their estate planning documents truly reflect their current wishes and needs. This is just as relevant today as it has ever been. While we...

Changes in New York Medicaid Benefits
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Changes in New York Medicaid Benefits

While New York has been grappling with the coronavirus and is focused on this crisis, our legislature passed a new budget. As might be expected, because New York is facing huge deficits, major cuts were put into effect. Unfortunately, one of the programs which was drastically affected and is now facing major changes is Medicaid....

Facility Prisoners
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Facility Prisoners

Perhaps the most tragic outcome of coronavirus is that our loved ones are becoming “facility prisoners” because they are unable to receive visitors and, in some circumstances, are confined to their rooms to prevent the spread of the virus within the facility. Being cut off from family can be disorienting and depressing. And if one...

Time to Revisit Trusts
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Time to Revisit Trusts

If you are reviewing your estate plan, it may be time to consider whether a Trust is right for you. A Trust can be implemented, or later amended, without the need for witnesses or the formalities involved in the execution of a Last Will and Testament. Both a Last Will and Testament and a Trust...

Remote Notarization and Witnessing
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Remote Notarization and Witnessing

Among the flurry of changes that occurred in the past weeks, was the issuance of Executive Orders which permit, temporarily, notaries and witnesses to carry out their functions remotely through audio visual technology. While there may be some circumstances in which remote witnessing is essential, at Berwitz & DiTata LLP, we encourage you to let...

Your Health Care Proxy — Make It Work Harder For You
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Your Health Care Proxy — Make It Work Harder For You

Signing your health care proxy is just the beginning. Don’t stop there if you want it to protect you to the fullest. First, speak to the person whom you have selected to serve as your agent. Tell your agent that you have appointed them to this important role. Describe the circumstances under which they will...

How Do I Encourage My Loved One to Move to a Safe Environment?
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How Do I Encourage My Loved One to Move to a Safe Environment?

The writing is on the wall: My parent is no longer safe living at home. Maybe she has forgotten to turn off the stove or has skipped meals entirely because she simply did not remember to eat. Maybe he is no longer showering or changing clothes. Perhaps he has a history of falling – sometimes...