Estate Planning

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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When would I use a Qtip Trust?

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

What is a Qualified Terminable Interest Property (QTIP) trust and when would I use it? A Qualified Terminable Interest Property trust, commonly known as a QTIP trust for short, is a type of marital trust that offers flexibility in planning for your spouse and remainder beneficiaries upon your death, while also providing estate tax planning […]

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Avoiding Probate with an Affidavit

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

When someone in New York State dies with a small amount of money, the family may be able to avoid probate by using a “1310”, or small estate affidavit. This affidavit may be used by certain family members or the decedent’s creditors to collect assets up to a certain value in the decedent’s sole name. […]

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A Power of Attorney is Essential for Medicaid Planning – Even if You are Married

By Burner Law Group, P.C. / September 4, 2020 / 0 Comments

A common misconception is that spouses have full access to each other’s finances, but this is not the case. Retirement accounts, pensions, and other assets in one’s individual name cannot be accessed by a spouse unless that spouse has been authorized to do so under a valid Power of Attorney. Medicaid recipients with retirement accounts […]

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Revocable Trusts Are Not for Medicaid Planning

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

A revocable trust is not used in Medicaid planning. According to the Medicaid program, assets in a revocable trust are still considered available resources for eligibility purposes.  This is because the grantor of a revocable trust has full control of and access to the money and property in the trust, and thus can utilize those […]

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What is a Revocable Trust?

By Burner Law Group, P.C. / August 20, 2020 / 0 Comments

A Revocable Living Trust, also called an intervivos trust, is a trust created during a person’s lifetime and is designed to give the grantor (creator) flexibility and control over his or her assets.  With a Revocable Trust, you may act as your own Trustee, thereby maintaining complete control over your assets during your lifetime. With a […]

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How to Leave Assets to a Spouse with Alzheimer’s Disease

By Burner Law Group, P.C. / August 5, 2020 / 0 Comments

More than five million seniors in the United States have been diagnosed with Alzheimer’s disease. Caretaker spouses agonize over what will happen if they were to pass away leaving their husband or wife without someone to care for them. The reality is that in many cases, seniors with Alzheimer’s need a high level of care […]

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Gifting to Avoid Taxes

By Burner Law Group, P.C. / August 5, 2020 / 0 Comments

There are several planning methods that can be utilized throughout your lifetime to reduce or eliminate taxes upon your death. Gifting is one option to avoid estate taxes. Anyone can gift up to $15,000 per beneficiary in 2020 without having to pay any gift tax (which is combined with the estate tax). Additionally, the Federal […]

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