How Inherited Assets Differ From Gifts
** This article has been revised from its original version which was published on June 13, 2014. We all love getting gifts. But sometimes, receiving a gift today may cost…
Can my Parent Still Qualify for Medicaid if They Live With me?
** This article has been revised from its original version which was published on May 19, 2015. Can I get Medicaid if I live with my daughter? If your parent…
What Does It Mean to Be a “Fiduciary”?
A family member or friend may ask you to act as power of attorney to make medical or financial decisions on their behalf. This person may be planning for a…
Living Trusts: How They Can Benefit Seniors
Unfortunately, seniors are prime targets for financial abuse and scams. Sadly, the elderly are often taken advantage of by strangers — and sometimes even their own family members. That’s why…
A Guide to Avoiding Probate Litigation
Legal disputes over wills and trusts, guardianships, and conservatorships can affect the authenticity of gifts and the ownership of family homes and land. The most successful approach to mitigating or…
Should Parents Disinherit Special Needs Children?
One of the most frustrating things as a special needs planning attorney is creating an estate plan for parents who tell me they need to disinherit their special needs children…
When Estate Planning, What Does “By Representation,” “Per Stirpes,” and “Per Capita” Mean?
** This article has been revised from its original version which was published on July 9, 2015 You may have heard or read the legal terms “by representation,” “per stirpes,”…
Are Beneficiary Designations the Best Way to Avoid Probate?
When we pass away, we often want our assets to be collected by our loved ones as quickly and easily as possible. When settling an estate, an asset with a…
What can an agent in a power of attorney do?
What can an agent in a power of attorney do? That entirely depends on the authority granted in the actual document. In New York, you can use a statutory form…
Should I Set Up a Trust?
A Living Trust is one of many planning tools that allow an individual to plan for how their property and wealth will be distributed to individuals and/or organizations during both…