Estate Planning

Can Spouses Disinherit Each Other?

By Burner Law Group, P.C. / February 12, 2021 / 0 Comments

When a couple marries later in life, after they both had children of their own, their estate plans need to take their blended family into account. For example, there are estate planning techniques such as a Qtip Trusts that allow income to the surviving spouse for life, with property passing to children upon the surviving […]

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Does a Biden-Harris Presidency Affect My Estate Plan?

By Burner Law Group, P.C. / January 17, 2021 / 0 Comments

Certain Biden-Harris proposals may, if enacted, have a significant effect on your estate plan. 2020 was a monumental year with many changes and 2021 may bring changes that affect your estate plan.  There was a political shift in Washington, changes to the New York State Medicaid program, a world-wide pandemic, and amendments to state and […]

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What is a Medicaid Asset Protection Trust?

By Burner Law Group, P.C. / January 9, 2021 / 0 Comments

Medicaid Asset Protection Trusts, sometimes called Irrevocable “Income Only” Trusts or Medicaid Trusts,  are used to protect assets and allow people to qualify for Medicaid long-term care. In order to protect the assets, the trust must be created 2.5 years before home care Medicaid is needed or 5 years before nursing home care is needed. […]

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What You Need to Know about New York’s New Power of Attorney

By Burner Law Group, P.C. / January 7, 2021 / 0 Comments

There is a new simplified power of attorney coming to New York State. A power of attorney is a legal document which appoints an Agent to act on behalf of the Principal with regards to the Principal’s financial and legal matters. On December 15, 2020, Governor Cuomo signed Assembly Bill A5630A to help simplify the […]

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Gifting Techniques for 2021

By Burner Law Group, P.C. / December 31, 2020 / 0 Comments

The 2017 Tax Cuts and Jobs Act (TCJA)  doubled the estate tax exemption, which in 2021 is $11.7 million dollars. This exemption is set sunset in 2026, but due to the economy, it may substantially decrease as early as 2021 or 2022 to pre-2017 levels, adjusted for inflation. Some gifting techniques you may want to […]

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Estate Planning Checklist for 2021

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

We are finally are putting 2020 behind us and entering a new year with a clean slate! Given how tumultuous the year has been with the pandemic, as well as the change in administration, there are certain estate planning matters that should be a top priority. We put together this checklist so you can make […]

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Changing Your Will in the Middle of a Divorce

By Burner Law Group, P.C. / November 24, 2020 / 0 Comments

You can change your Will or Trust at any time, even in the middle of a divorce. However, once a divorce proceeding is commenced, both spouses are restricted from transferring assets or changing the designated beneficiary on retirement accounts.  This restriction does not extend to the ability to change your last will and testament or […]

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How to Object to a Will

By Burner Law Group, P.C. / November 16, 2020 / 0 Comments

In order for a person to contest a last will and testament (“will”) in New York, he or she must have legal grounds. This means a reason based in the law that the will is invalid and should not be admitted to probate. Admitting a will to probate means that the executor named in the […]

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Can I Amend My Will?

By Burner Law Group, P.C. / October 7, 2020 / 0 Comments

If you are thinking of changing your Last Will and Testament, do not do so yourself. Although any adult with mental competency can change his or her last will and testament at any time, it cannot be amended by simply writing the changes onto the document.  There are two ways to validly “amend” the terms […]

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Why You Need a Living Will

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

Making medical decisions for a loved one is extremely difficult, but making end of life decisions for someone is legally impossible without proof of his or her wishes. In New York, nobody may make end of life decisions for another–such as to forgo life sustaining treatments which only serve to artificially prolong one’s life—unless there […]

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