For many with disabilities, the ability to access savings, whether it be theirs or a family member's, without disrupting their eligibility for government programs such as Medicaid and SSI (Supplemental Social Security Income), has been a challenge for decades. Fortunately, as a result of the passage of a federal law in 2014 known as the Achieving a Better Life Experience Act of 2014 ("ABLE Act"), which created Section 529A of the Internal Revenue Code (IRC), those with disabilities and the members of their families may now create a special saving's account that is similar in some ways to a 529 College Savings Plan.
Westchester elder law attorney Anthony J. Enea of Enea, Scanlan & Sirignano, LLP recently addressed the importance of long-term care planning in an educational program to the Yonkers Chamber of Commerce. With millions of baby boomers coming of age, Mr. Enea urges those in or approaching their elder years to take a proactive role in planning for the future.
Fearing a continued exodus of affluent New Yorkers to states that do not impose a state estate tax, the State of New York has finally enacted significant changes to N.Y. Tax Law Section 952.
Irrevocable and Revocable Trusts are excellent estate and elder law planning tools that, depending on your objectives, can both be of significant value when used as part of your planning. Here we'll take a closer look at the Irrevocable Trust and its most common uses and benefits.
My clients are always asking me which is better - an Irrevocable Trust or a Revocable Living Trust. Much to their dismay, the answer is that one is not better than the other. Irrevocable and Revocable Trusts are excellent estate and elder law planning tools that, depending on your objectives, can both be of significant value when used as part of your planning.
When meeting with a client and his or her family, one of the first inquiries I make is to determine whether or not he or she has previously executed a durable general power of attorney (POA) and, if so, what provisions it contains. Since a POA is, like many legal documents, a standardized form created by statute, the natural tendency is to assume that they are all the same and contain identical provisions. This, however, is often an incorrect and dangerous assumption.
One question I am often asked is the difference between a Last Will & Testament and a Revocable Living Trust. While many simply default to a Last Will as their primary estate planning document, the Revocable Living Trust has been gaining significantly in popularity over the past several years. Here are the basics on both: