Estate Planning

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]