Estate Planning and Elder Law Blog

Estate Planning in the State of COVID-19

Q: Since COVID-19 started, I have been concerned that I have no estate planning documents in place. What documents should I have? What factors do I need to consider? A: If COVID-19 has taught us anything, it is that life can change in an instant. As the country strives to re-open and create a new…

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Things that Make You Go Hmmm

“If I am not for myself, who will be for me?  If I am not for others, what am I?  And if not now, when?” – Rabbi Hillel Did you ever meet someone for the first time and think immediately “These are my people.” That’s how I felt the day I met Leo and Mickey….

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Who is a Distributee?

In New York, when a person dies with a Will owning assets in his or her sole name, the Will must be probated in Surrogate’s Court in order for the nominated executor to be officially appointed and to have legal authority to collect and distribute the decedent’s assets. To the surprise of many clients, the…

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The CARES Act Suspends RMD Requirement but not for Medicaid Recipients

The Coronavirus Aid, Relief, and Economic Security (CARES) Act passed a couple of months ago is mostly known for the economic relief provided to individuals and businesses. However, the new law also suspends the requirement to take required minimum distributions (RMDs) for this year, even for inherited IRAs. If you already took the 2020 RMD,…

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The Duties of an Administrator/Executor

Q: My loved one passed away and someone needs to clean out her home, who is in charge of that? A: Losing someone you care for is incredibly difficult. Going through their belongings can be one of the most difficult tasks to be accomplished after their death. Assuming this individual lived alone and rented the…

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Suffolk County Surrogate’s Court Update

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

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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Guidance on Stimulus Checks for Medicaid Recipients

As everyone is now aware, pursuant to Section 2201 of the CARES ACT, a relief payment in the form of a refundable tax credit for 2020 has been (or will be) sent to eligible individuals. The payment amount will vary depending upon income, marital status and dependents under the age of 17. Taxpayers who included…

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You Are Here

Have you ever woken up in the morning, sun shining through the windows, clear beautiful blue sky, maybe some birds are singing, the aroma of coffee wafting from the kitchen, all is well and then–all of a sudden–it hits you like a ton of bricks… all is NOT well.  In that first few minutes of…

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Economic Impact Payments Issued to Deceased Taxpayers

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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