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My parents are currently in their 80s and still have their Last Will and Testaments which were prepared 40 years ago. The Wills say that everything goes to the surviving spouse and then to their children if the spouse is deceased. Are these Wills still valid? Are there any updates which should be made?

I am considering creating an Irrevocable Trust to protect my house and other assets, but I am concerned about creating a situation where my children will have to pay Capital Gains tax.

My friend suggested that I transfer my house to my children in case I need nursing home care in the future. Is this advisable?

As a recent first time homeowner, the phrase “Do It Yourself” or “DIY” takes me back to the late nights this past February of spackling, sanding and painting all of the walls in my house with my husband. We were fortunate that this was the only work that needed to be done.

My spouse and I each have children from previous marriages. While we want to provide for our surviving spouse when the first of us passes away, we want to ensure that each of our respective estates is ultimately going to our respective children. Is there a way to accomplish this?

My husband and I are expecting our first child. We do not have a lot of assets but we do have retirement plans, insurance policies and a house. Everyone keeps telling us that we need a Will. Is that necessary?

My son just turned 18 and is heading off to college in about two weeks. The college is located upstate. Are there any legal documents he should execute before he leaves?

Clients often ask this question and our answer is always the same, no matter how your property is titled it is still necessary to have a comprehensive Power of Attorney document in place. A Power of Attorney is a document in which a person (the Principal) can designate an Agent (an Attorney-in-Fact) to act on his or her behalf with respect to financial or legal matters.

As an Elder Law attorney, many clients consult with me with regard to trust planning to protect assets from the cost of long term care. However, many clients do not realize trusts can also be used to protect assets for your children.

For every IRA you should complete a beneficiary designation form. Keep a copy of the form(s) among your important papers. Do not rely on the financial institution to keep copies.