Estate Planning and Elder Law Blog

We are now in East Hampton!

In order to better serve you, the staff of Burner Law Group, P.C. is proud to announce the opening of our fourth location at 300 Pantigo Rd, Suite 115 in East Hampton. We look forward to serving you with the same dedication and customer service that has become the hallmark of our practice!

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Minimizing Estate Tax for Singles

Currently, the federal estate tax exemption is $11.7 million and the New York State estate tax exemption is $5.93 million. If no further action is taken by Congress, in 2025 the federal estate tax exemption will revert to the former $5 million, indexed for inflation. Accordingly, there is a unique planning opportunity now to transfer…

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What is a Marital Trust?

A marital trust is a type of irrevocable trust that allows one spouse to transfer assets to a surviving spouse tax free, using the unlimited marital deduction, while providing benefits not available if transferred outright. When drafting Wills for married couples, we usually include a Marital Trust to provide estate tax planning, spousal care, and…

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New York’s New Power of Attorney

At long last, it’s here: New York State has amended the laws governing Powers of Attorney (POAs) in our state and the new statute will be in effect after June 13, 2021. This is big news for attorneys, especially those practicing in the areas of estate planning and real estate, and the clients they serve….

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Inheriting a House with Medicaid Lien

A Medicaid lien on a home must eventually be satisfied. Typically, a Medicaid lien is placed on real property when an individual is receiving benefits through the Medicaid program during his or her lifetime and still owns a primary residence. Even when the home is exempt, it can become subject to a lien when the Medicaid…

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How are Promissory Notes Used in Medicaid Planning?

Have you ever heard of the “5-year lookback” and wondered what people are talking about?  If you have, you are not alone.  The lookback concept is one that governs the conversation surrounding Chronic Medicaid, the New York State program that covers long term care services in a nursing facility.  To financially qualify for Chronic Medicaid,…

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Steps in a Real Estate Closing

The closing is the final step in a real estate sale where the buyer obtains title to the property. The time between an offer’s acceptance and the closing date—evidenced by a deed from the seller or stock certificate for a cooperative apartment –is filled with activity. In New York, most buyers and sellers hire an…

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When is a Family Tree Affidavit Necessary?

A family tree affidavit is an affidavit executed by a disinterested person to prove who a decedent’s distributees are. To be considered disinterested, the person must have no financial interest in the decedent’s estate. A distributee is a legal heir that would inherit from an estate, by law, if the decedent did not have a…

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Burner Law Group, P.C. Featured in East End Beacon

Last month, Burner Law Group, P.C. had the pleasure of participating in the Alzheimer’s Association Long Island Chapter’s  two-day online conference for caregivers called “Thriving at Home on the East End” to provide information about the growing number of resources for people living with Alzheimer’s disease in the East End. Click here to learn more…

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What is a Honeymooner’s Will?

There is no such thing as a honeymooner’s will, but maybe there should be. Once the honeymoon is over, the dress put away, and every conceivable photograph posted to social media, it is time to start considering the legal implications of getting married. There may be a name change, joint bank accounts, IRA beneficiary change…

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