When you are entering into your active retirement years, you are embarking on a stage of life that can be very rewarding on several levels. If you are so inclined, you get to cross things off your bucket list, enjoy leisure activities, and spend quality time with your family and friends. You also have the […]
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Understanding Undue Influence – Part II
Whenever a client’s Estate Plan deviates from the expected disposition, it raises questions for the slighted beneficiaries. These questions usually revolve around methods to have the plan overturned. Most states give clients tools to protect their carefully crafted plans, even after their death.
Understanding Undue Influence – Part I
Whenever a client’s Estate Plan deviates from the expected disposition, it raises questions. Most of the time, clients have consulted with a competent attorney regarding their reasons for structuring the plan the way that they have. Sometimes, other factors are at play and the plan doesn’t represent the testator’s true wishes, but rather, another individual’s testamentary desire. That’s undue influence and there are ways to guard against it.
Death and Your Digital Footprint
As more and more individuals get comfortable in the digital world, Estate Planning has evolved to address the collection and transfer of digital assets. The widespread use of a legacy contact and password managers gives owners of digital content control in determining what happens to the digital information after they die.
Pondering Portability
The Internal Revenue Code grants spouses several tax benefits both during life and at death. Portability represents one of those benefits. Portability allows the surviving spouse to use the unused portion of the Applicable Exclusion Amount from their predeceased spouse. In Revenue Procedure 2022-32, the Internal Revenue Service extended the time during which a surviving spouse may elect portability without a Private Letter Ruling from two years to five years.
NY Elder Law Info: Can a Healthy Spouse Accept a Beneficiary’s Income?
The Medicaid program may never cross your mind as it applies to you personally, but it may in fact be quite relevant at some point. This jointly administered federal/state government health insurance benefit will cover long-term care for senior citizens. Medicare does not pay for custodial care, and since nursing homes are extremely expensive, Medicaid […]
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