Elder Law

Inherited IRA’s are Not Protected in Bankruptcy

By Burner Law Group, P.C. / June 18, 2020 / 0 Comments

Question: I heard that the United States Supreme Court recently issued a decision that inherited IRA’s are not protected from creditors in bankruptcy; can you explain this to me? Answer: The United States Supreme Court’s decision in Clark v. Rameker was issued on June 12, 2014. The essence of the decision is that once an […]

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Transfer of a Motor Vehicle to the Surviving Spouse

By Burner Law Group, P.C. / June 11, 2020 / 0 Comments

Question: My husband passed away a couple of months ago. All of our assets were held jointly except for one of our cars, which was held in his sole name. The car is worth about $20,000.00. What do I need to do to transfer the car into my name? Do I need to go to […]

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Taking RMDs from Your IRA

By Burner Law Group, P.C. / May 30, 2020 / 0 Comments

Question: I will be turning 72 later this year and I know that I have to begin taking my required minimum distribution. I have heard that there are penalties assessed by the IRS if I do not take the distribution correctly, can you explain this to me? Answer: You are correct, the general rule is […]

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Suffolk County Surrogate’s Court Update

By Burner Law Group, P.C. / May 21, 2020 / 0 Comments

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

By Burner Law Group, P.C. / May 13, 2020 / 0 Comments

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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Economic Impact Payments Issued to Deceased Taxpayers

By Burner Law Group, P.C. / May 8, 2020 / 0 Comments

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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Retirement Planning

By Burner Law Group, P.C. / May 6, 2020 / 0 Comments

Retirement can be an exciting new chapter in someone’s life, but it also may be stressful.  The change of lifestyle and income source can lead to anxiety for many individuals reaching retirement.  There may be a fear that there is not sufficient income to meet monthly needs or sufficient resources to last the remainder of […]

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Revocable and Irrevocable Trusts for Assisted Living

By Burner Law Group, P.C. / April 21, 2020 / 0 Comments

Our elder law specific estate planning sometimes involves both a revocable and irrevocable medicaid asset protection trust to provide flexibility for the unknown future. One issue that comes up is when a client enters an assisted living facility is which trust can help pay the costs of the facility. To illustrate:  Six years ago we […]

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Protections for the Well Spouse: Spousal Allowance & Refusal Refusal

By Burner Law Group, P.C. / April 18, 2020 / 0 Comments

Question: My husband may soon need a Nursing Home.  I have been told that if he needs to go to a Nursing Home, we will have to spend down all of our assets before he can be eligible for Medicaid benefits, is this true? Answer:  No, you will not have to spend down all of […]

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IRS Tax Extensions

By Burner Law Group, P.C. / April 14, 2020 / 0 Comments

On March 21, 2020, the Internal Revenue Service (IRS) announced in IR -2020-58 that the federal income tax filing due date is automatically extended from April 15, 2020, to July 15, 2020. The IRS also announced that taxpayers can also defer federal income tax payments due on April 15, 2020, to July 15, 2020, without […]

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