Estate Planning

Triumph Over Challenges

Triumph Over Challenges - Russo Law Group, P.CLast Wednesday, March 30, 2016, we were inspired by Dr. Susan Farella-Busch’s most thoughtful discussion on “life with dementia.” You could hear a pin drop in the room of over 70 health care professionals at our Round Table Luncheon at Puglia’s of Garden City.

  • She shared her insights of what life is like for a person with dementia and what it is also like for the caregivers.
  • She shared stories about her mother who has Alzheimer’s and what it is like for her as a caregiver.
  • She shared anecdotes from her family, and the loss of her deeply loved husband last year.

Sometimes, you find yourself in a place where you never thought you would be. We are all getting older and with that we are caregivers; we suffer the loss of loved ones.

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Can I Disinherit My Spouse?

Can I Disinherit My Spouse? Eric J. EinhartUnder New York law, the answer as to whether you can disinherit your spouse is … not really.

In New York, there is something called the spousal right of election, which states that a surviving spouse has the right to assert his or her right to elect to inherit a portion of your net estate. As a result of this law, you cannot disinherit your spouse without your spouse’s waiver of this right.

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Our Knowledge Is Your Knowledge

Our Knowledge Is Your KnowledgeWhen speaking with clients about the complicated Medicaid rules, availability, and exceptions, they often reply something like, “Wow, there’s so much to know.”

Clients come to us because we know the rules, and more importantly, we know the exceptions.

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How Do I Disinherit Someone in My Will?

How Do I Disinherit Someone in My Will?Oftentimes when creating an estate plan, it is requested that a family member or friend be disinherited. There are many reasons why one would chose to disinherit someone. Perhaps the person creating the estate plan has already provided the family member or friend with gifts during his or her lifetime. Perhaps he or she wants to avoid disqualifying the person from government benefits. There might have been a falling out between the individuals. Or there might be tax reasons for wanting to disinherit.

No matter what the reason is, it is important to understand the potential pitfalls of disinheriting someone.

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Think You Have to Disinherit Your Child with Special Needs? Think Again!

Think You Have to Disinherit Your Special-Needs Child? Think Again!Many families assume it’s better to disinherit their child with special needs. Their intentions are loving—they don’t want the child to lose their government benefits as a result of inheriting; they don’t want to do their child more harm than good. They think it would be better to leave everything to their other children, trusting that those children will take care of the child with special needs.

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Estate Planning: Addressing the Big Picture

Often times when clients make an appointment with our law firm, they have a very specific estate planning concern or issue. They may have a particular focus in mind, such as updating a will or avoiding probate. With a plethora of details to consider, it is often challenging for individuals to adequately address all aspects of their personal “big picture”, i.e. their complete estate.

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Leaving Money in a Charitable Trust or Will (Part 2)

Leaving Money in a Charitable Trust or Will (Part 2)Why should you contact the charity that you are planning to name as beneficiary?

People often wish to leave money to charities. This blog contains real-world scenarios in which individuals leave assets to charities:

Example #1: Tom has no children and no living relatives. His net worth is about 10 million dollars. Realizing his estate would be taxable, he wanted to strategically make a bequest to his alma mater, the church that he attends, and a hospital that he credits with saving his life.

He contacted his alma mater to inform them of his intentions. He signed a letter of intent specifying the dollar amount of the gift he intended to leave. As a result, the college named an endowment after him, with the funds to be used to create a scholarship.

He spoke with the pastor at his church about his intentions, and he was able to hear about the good work that the church will be able to do as a result of his gift.

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Advance Directives: Planning for the Unexpected

Are You Prepared for the Unexpected? Avoid Stress & Cost by Planning AheadAre you and your family prepared for the unexpected? In the event of a sudden illness or injury, advanced directives can save you and your family time, money, and emotional distress.

The three advanced directives everyone should consider are health care proxies, living wills, and powers of attorney, yet these precautions are often overlooked by married couples.

This year I have had the pleasure of working with a married couple who suffered an unforeseen and life-changing event: the wife suffered a debilitating stroke while undergoing a simple medical procedure, and she needed the type of care that is only available in nursing homes.

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Is Your Life Insurance Still Fulfilling Its Objective?

Is Your Life Insurance Still Fulfilling Its Objective?

Henry Montag,  CFP, CLTC, is a guest author for the Russo Law Group P.C. blog. 

Do you want to establish a trust? There are many different reasons people do so:

  • Some people do it for the management aspects to make sure their assets will be properly invested and not squandered away by a spendthrift child or spouse. Other people want to make sure that, if sued, their assets are protected from the claims of a creditor – and others do it for tax purposes.
  • A parent or grandparent may establish a life insurance trust to provide an inheritance earmarked for the next generation, or to make certain that their child’s assets are protected in the event of a divorce.
  • Trusts can also be set up to provide for the welfare of a child with or without special needs for a variety of reasons such as providing for their educational fund or giving birthday, graduation or wedding gift even after the grantor has passed away.
  • A trust is also an excellent way to make a charitable bequest to assure your legacy and what is important to you will always be remembered.

While there are many factors for an individual or family to consider the benefits of establishing a trust, it is equally important that grantor’s/parents review the trusts they have chosen and make certain that the trustees are knowledgeable about their duties and are continuously still operating in the beneficiary’s best interest.

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