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Category: Probate and Estates
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What is a Medicaid “Look-Back”?

Understand the difference in look-back rules for Community Medicaid and Nursing Home Medicaid in New York, including rules regarding possible penalties.

Does a Joint Account Avoid Probate?

Naming a child on your bank accounts can lead to numerous consequences, including potential costly estate litigation.

September 27, 2024
Probate Litigation – When Is it Worth it to Challenge a Last Will and Testament?

If you are considering challenging the probate of a last will and testament, there are several factors to consider.

May 29, 2024
Avoiding Probate with a Revocable Trust

Revocable Trusts have become increasingly popular estate planning tools to avoid probate. A trust allows for the orderly and private administration of your assets at death without court involvement.

December 15, 2023
Can You Sell a Home Bequeathed to You in a Last Will and Testament?

Q: My grandparents on my mom’s side are leaving me their house in their will after they both pass away, will I be able to sell it right away?

December 12, 2023
Guiding Your Executor: Navigating the Probate Process and Exploring Options

When you’ve taken the crucial step of drafting a Will, it’s equally vital to prepare your chosen executor for what lies ahead. Informing them ahead of time ensures a smoother process during what can be a challenging period.

October 2, 2023
Do You Need a Life Insurance Trust?

An Irrevocable Life Insurance Trust (“ILIT”) is a valuable estate planning tool used to reduce estate taxes – known as death taxes during an election year. Whether you need an ILIT depends on how much your assets are worth now or what your potential net worth is in the future.

January 30, 2023
Does an Executor Need to Hire an Attorney?

Whether an executor needs to hire an attorney depends on the type of assets, size of the estate, family dynamics, estate tax considerations, and outstanding bills.

January 4, 2023
How to Collect on Life Insurance Proceeds

Most people do not realize that a Will likely does not control who collects on a life insurance policy. The beneficiary named on the policy supersedes the Will. So long as the policy owner correctly designated a beneficiary on the policy, that designation controls.

December 7, 2022
Drama Free Ways to Disinherit a Child

In New York State, a parent has no obligation to leave an inheritance to a child. Many other countries have “forced heirship” which prohibits parents from disinheriting children, but Louisiana is the only US state with such a law.

November 4, 2022
What is Portability?

The word is defined as “the ability to be easily moved,” but in the context of Trusts & Estates, it means much more. In this regard, portability is one of the strongest tools in the planner’s toolbox to reduce or eliminate federal estate taxes after the deaths of a married couple.

August 29, 2022