Estate Planning and Elder Law Blog

The CARES Act Suspends RMD Requirement but not for Medicaid Recipients

The Coronavirus Aid, Relief, and Economic Security (CARES) Act passed a couple of months ago is mostly known for the economic relief provided to individuals and businesses. However, the new law also suspends the requirement to take required minimum distributions (RMDs) for this year, even for inherited IRAs. If you already took the 2020 RMD,…

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The Duties of an Administrator/Executor

Q: My loved one passed away and someone needs to clean out her home, who is in charge of that? A: Losing someone you care for is incredibly difficult. Going through their belongings can be one of the most difficult tasks to be accomplished after their death. Assuming this individual lived alone and rented the…

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Suffolk County Surrogate’s Court Update

As of Monday, May 18, 2020, any uncontested probate, administration and small estate matter involving an individual who passed away due to COVID-19 related causes is deemed an essential matter. This means if your estate involves a COVID-19 related death and the court will process the matter upon filing of properly completed filings and notice…

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An Effort to Slow the Spread in Nursing Homes

It is difficult to escape stories in the news today about the rise in COVID cases in nursing facilities in New York State and around the country.  Given the vulnerability of the senior population to the virus, we were not surprised to hear in the beginning of March that the nursing homes were being “locked…

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Guidance on Stimulus Checks for Medicaid Recipients

As everyone is now aware, pursuant to Section 2201 of the CARES ACT, a relief payment in the form of a refundable tax credit for 2020 has been (or will be) sent to eligible individuals. The payment amount will vary depending upon income, marital status and dependents under the age of 17. Taxpayers who included…

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You Are Here

Have you ever woken up in the morning, sun shining through the windows, clear beautiful blue sky, maybe some birds are singing, the aroma of coffee wafting from the kitchen, all is well and then–all of a sudden–it hits you like a ton of bricks… all is NOT well.  In that first few minutes of…

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Economic Impact Payments Issued to Deceased Taxpayers

Millions of Americans have already received their Economic Impact Payments (EIP) authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The Internal Revenue Service (IRS) continues to automatically send the EIP to most eligible individuals. Many have received checks payable to taxpayers who died in 2018 or 2019 since payments were based…

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Estate Planning for College Students

Congratulations! You graduated from high school and are (fingers crossed) heading off to college in the fall.  In preparation, you are shopping for school supplies, bedding, a new wardrobe, and researching the best classes to take.  What you’re likely not thinking about is ensuring you have the proper estate planning documents in place before heading…

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Avoid the Pitfalls of Leaving Assets to Minors

For parents of minor children, under 18 years of age, there are important considerations you should be discussing with respect to your Last Will & Testament.  Minor children do not have the ability to collect the funds of an estate or be their own decision-maker.  This is why the estate planning documents of the parents should provide…

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Supplemental Needs Trusts

Question:  My son who is disabled and collects SSI has an existing Special Needs Trust.  My parents would like to give him a gift, can I deposit the money into that trust? Answer:  That depends.  Special Needs Trusts, also know as Supplemental Needs Trusts (SNT) are trusts that protect a disabled individuals own income and…

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