Archive for the ‘Elder Law’ Category

What Happens to the Family House?

Tuesday, July 7th, 2020

As if the death of parents is not hard enough, deciding what to do with their home often adds extra layers of complication.

In most cases there are three options to consider. You can sell the house, you can live in the house yourself or you can make the house an investment property and rent it out to others. Each has its own benefits and disadvantages but the best option for you should become clear after careful consideration.

Selling the House

This is the most common option, and under the best of circumstances offers a clean and profitable way out from under the parents’ house. Unfortunately, selling an inherited house can just as easily be difficult, stressful, drawn out and complicated by emotions and disagreements between siblings.

When selling, it is best to consult with an experienced local real estate agent as soon as possible. They will be able to advise on how the property would best be improved to sell quickly (such as which repairs to make before listing and when to leave something as it) and will give a realistic listing price based on comparable properties. There are also quick-sale companies that buy properties for less than market value but require no improvements or cleaning.

Renting the House

Making your inherited house an income property can be a smart move. You can keep your parents’ home and cover the costs associated with it and hopefully then some. The downside to renting your properties, however, is that you have to rent properties. Being a landlord can be a major hassle and potential problems are endless.

Moving In

This is a good choice for those who like the idea of living in the family home. If the property is not under mortgage it can be financially beneficial too, as long as other costs are taken into consideration, like monthly utilities and property taxes. If there are siblings who also have a stake in the house, you will likely need to buy out their shares. An attorney can advise on how this should be done.

Depending on the state of the home and your parents’ taste in decor, you could need to do some significant repairing and updating. This gets expensive, especially when added to the other costs that will inevitably come up, but the end result can be a home that is your own perfect mix of sentimental and updated.

Planning Is Key

Littman Krooks Elder LawHopefully, your parents already consulted an estate planning attorney, had a will and everyone involved in the estate was aware of the intended plan. The importance of planning ahead cannot be overstated; it can be the difference between a bitter, stressful ordeal and a relatively painless transition.

If you have not already and the option is still available, start a conversation with your parents as soon as you can. Disagreements between siblings, heavy emotions and a lifetime of accumulated stuff to contend with are extremely common when managing parents’ estate and can be traumatic. A little preparation goes a long way toward reducing at least some of the stress involved with inheriting a house.

The New York estate planning law firm of Littman Krooks, LLP combines extensive legal knowledge and experience with individual attention suited to each clients’ needs. For over 25 years, Littman Krooks attorneys have brought astute, honest counsel and strong, thorough representation to every client they have served. Reach Littman Krooks at https://www.littmankrooks.com/.

Three Tips for Caregiving From Afar

Tuesday, June 30th, 2020

When distance comes between you and an aging parent or another loved one who needs extra help, it can be especially tough to become their caregiver. A caregiver who lives an hour or more away from their parent or loved one is considered a long-distance caregiver. Although this arrangement presents many difficulties, it can also be effective and beneficial for everyone involved with a few special considerations.

New rules enacted to stop the spread of COVID-19 have made some local caregivers into, effectively, long-distance caregivers too. Social distancing and quarantine efforts kept some caregivers away for safety’s sake and shut nursing homes, hospitals and other care facilities down to outside visitors. In these cases, tips for long-distance caregivers might be useful too.

Stay Informed

Staying organized and informed is really important when you are not there in person. This cuts down on unnecessary stress and confusion and makes talking to multiple medical professionals or other caregivers easier. Keep a list of all of your loved one’s medical conditions, medications, doctors, appointments and anything else that is relevant to their care. Be sure to update this list often and to research anything with which you are unfamiliar. Take detailed notes during appointments and phone calls with other care providers.

You will need to prepare a few legal documents in order for medical staff to share information about your loved one with you. A HIPPAA Authorization form provides written consent for this. You may also want to have a medical power of attorney document prepared so you would be able to make decisions for your loved one in the event that they are unable to do so for themselves.

Collaborate With Others

Especially when there are multiple people involved in caregiving, complicated medical needs and other family members who are concerned about how your loved one is doing, sharing information and communicating often is key. Make copies of your lists and notes about your loved one’s health for other family members and caregivers or start a shared online document that can be edited as needed. Becoming the sole recorder and keeper of this information creates unnecessary stress and even resentment so, if possible, share the effort.

It is important to stay in touch with your loved one’s doctors and other professionals. Conference calls or meetings involving members of the care team, caregivers and family members streamlines the information sharing process.

Connect With Your Loved One

Being a long-distance caregiver usually means that visits cannot occur as often as you would like. Planning can keep visits productive and enjoyable, so you and your loved one can make the best of your time together.

Whether physical distance or new social distancing guidelines are keeping you apart, technology creates new ways to keep in touch and have fun with your loved one. Getting them a phone or tablet — and providing the lessons on how to use it — give a direct line of communication. You can use it to video chat, text, play games together and send pictures, all of which can keep feelings of loneliness away.

The New York estate planning law firm of Littman Krooks, LLP combines extensive legal knowledge and experience with individual attention suited to each clients’ needs. For over 30 years, Littman Krooks attorneys have brought astute, honest counsel and strong, thorough representation to every client they have served. Reach Littman Krooks at https://www.littmankrooks.com/.

 

The Sandwich Generation: Caring for Both Kids and Parents

Wednesday, May 20th, 2020

Littman Krooks elder lawAs the demographics of American society change the needs of each generation evolve along with them, one unique group of people is growing especially quickly — the sandwich generation, or those who are responsible for the care of both their minor children and their aging parents. Typically, this is a person in their late thirties to fifties with the average unpaid family caregiver being a 49-year-old woman.

Although this situation presents many challenges, there are ways to reduce some of the stress when caregivers are stretched thin between different care obligations in addition to their careers, money and life in general.

Planning is one of the best ways to protect both the finances and sanity of caregivers and parents alike. Although it may be uncomfortable, it is important to have a conversation about the future care of aging parents, their finances and future medical care before they are unable to fully participate. With a clear idea of what they have and want, no one will have figure it out while in the midst of an unexpected health crisis or major expense.

Another aspect of planning is organization. Keep important documents together and an inventory of assets for parents. If certain legal documents do not exist yet, consult an experienced estate planning attorney to make them for everyone involved. An attorney can help everyone understand that estate planning is more than just making a will and should be done for the old and the young. Also, having a designated executor, medical and durable power of attorney, and healthcare directive can save everyone significant stress.

Money is likely one of the biggest issues for the sandwich generation, as they feel obligated to contribute to both the cost of care for parents and for college and other costs for their children while also saving for their own retirement. With costs always on the rise, this can be overwhelming. Remember that prioritizing personal savings for retirement is important, not doing so will increase the risk of someday having to rely on children who likely will have their own families and expenses.

Coping with retirement planning, estate planning and childcare is not an easy task. Contact one of the experienced attorneys at Littman Krooks today if you need assistance with any estate planning needs.

 

 

Learn more about elder lawestate planning and special needs planning at http://www.elderlawnewyork.com  & www.littmankrooks.com. Have questions about this article? Contact us.


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A Message to Our Clients and Our Littman Krooks Family

Friday, March 13th, 2020
Dear Client and Friends, 
At Littman Krooks, the health and safety of our clients and staff is our highest priority. We pride ourselves on exemplary and individualized services to our clients. We are writing to provide you with the steps that we are taking to protect you and our staff against the spread of the Coronavirus (COVID19). We understand the paramount importance of these tasks, as we serve many elderly clients and families with children with health concerns.
Steps We are Taking To Protect You and Our Staff:
  • We are maintaining social distancing, which means that we will not be shaking hands, hugging or touching anyone.
  • Hand sanitizer is available in our reception area and we are asking you to apply a generous amount to both of your hands upon entry to our office.
  • Staff know to wash their hands each time they enter our building before touching anything and frequently throughout the day.
  • We have remote access for employees who are ill or need to work from home.
  • If you or someone you have been in contact with is experiencing symptoms of coughing, high fever and/or shortness of breath, we ask that you not come to our office.
  • If you do not feel comfortable visiting our office in person, because you may be sick or for any other reason, please consider meeting with us virtually either via conference call or through FaceTime or similar service. Call our office at (914) 684-2100 to let us know that you would like to change your meeting to a virtual one. Our staff will be happy to assist.
Protect Yourself and Those Around You: We encourage all to follow basic hygiene measures that protect us from respiratory viruses. As the Center For Disease Control recommends, these actions include:
  • Washing your hands often and thoroughly with soap and water for at least 20 seconds. If soap and water are not available, use an alcohol-based sanitizer.
  • Avoiding touching your eyes, nose and mouth with unwashed hands.
  • Avoiding close contact with people who are sick.
  • Staying at home if you are feeling sick, especially if you have a fever, are coughing and/or have shortness of breath. If you have those symptoms, please seek medical care early.
  • Covering your mouth and nose with the inside of your elbow when you cough or sneeze and, if using a tissue, dispose of it immediately into a closed bin and clean your hands with alcohol-based sanitizer or soap and water.
  • Cleaning and disinfecting frequently touched objects and surfaces by using disinfectant spray or wipes.
Extra Protections for Those at Higher Risk: If you are at higher risk of getting very sick from COVID-19, meaning if you are older or have a health condition, you should:
  • Stock up on supplies.
  • Take everyday precautions to keep space between yourself and others.
  • When you go out in public, keep away from others who are sick, limit close contact and wash your hands often.
  • Avoid crowds as much as possible.
  • Avoid cruise travel and non-essential air travel.
  • During a COVID-19 outbreak in your community, stay home as much as possible to further reduce your risk of being exposed.
We thank you for your understanding and cooperation as we navigate this challenging time. We understand that the situation is evolving and we will continue to actively monitor it and take the necessary precautions. Our firm remains dedicated to providing our clients with the highest level of client service in every way possible
For additional information regarding the Coronavirus, here are resources from the CDC and the New York State Department of Health:

Celebrating Thanksgiving Safely With Senior Loved Ones

Wednesday, November 13th, 2019

Our guest blogger this week is Lou Giampa, President of Right at Home Westchester. Lou is a New York State Certified Nurse Aide (CNA) and Dementia Trainer who volunteers in hospitals and nursing homes throughout Westchester County.  He also volunteers with the Alzheimer’s Association, Meals on Wheels, and the Aging in Place community. For more information, please visit  www.westchesterseniorcare.com.

Littman Krooks elder law

The family is coming for Thanksgiving and mouths are already watering just thinking about Grandma’s pumpkin pie. But did you know that during the Thanksgiving holiday, an increased number of older adults go to the emergency room? Some ER physicians see up to a 20% rise in elderly patients during the holidays.1

The Centers for Disease Control and Prevention noted that during 2012-2013, an annual average of 5.2 million ER visits among adults age 65 and older were due to injury and 15.5 million visits were due to illness.2 Over Thanksgiving, everything from fall injuries to food poisoning can leave senior loved ones putting on a hospital gown rather than their favorite pajamas and slippers.

Have a Safe Trip!

During the holidays, many families choose to travel by car, which, according to the National Safety Council, “has the highest fatality rate of any major form of transportation based on fatalities per passenger mile.”3 Alcohol impairment is a leading cause of traffic accidents around Thanksgiving when roads are congested with vehicles and in-a-hurry travelers. Following these holiday travel tips can help keep everyone safe:

  • Prepare the vehicle for inclement weather and store in it a car emergency kit.
  • Sleep well before departing and do not drive while drowsy.
  • Avoid distractions such as using a cellphone and talking too often to passengers.
  • Make sure older adults are properly buckled up and comfortable for the ride.
  • For air, train or bus travel, book nonstop tickets to avoid the hassle and confusion that may result if seniors must rush from one terminal or station stop to another.
  • For a senior with mobility concerns, airports and train and bus stations may offer special wheelchair assistance or an attendant to help.

Too Close for Comfort

It is tempting to pull out ample decorations for Thanksgiving and add seating throughout the house, but excess furniture, electrical cords and holiday displays can create fall hazards for all ages. It is best to keep decorations simple and pathways around the home free of clutter. Consider these holiday fall prevention tips:

  • Know a senior loved one’s health conditions that could lead to falls.
  • Keep clutter out of pathways.
  • Be sure all flooring is tacked down, and use nonslip backing on all throw rugs and area rugs.
  • Use night lights in bedrooms, bathrooms and hallways.

“In working with seniors every day, we know how quickly an elder can take a tumble and be seriously injured,” said Lou Giampa, President of Right at Home Westchester. “Holiday gatherings pose their own set of challenges with family and friends fitting into tighter spaces and rushing to get meals on the table. I highly recommend the free Right at Home Fall Prevention Guide to help keep senior loved ones and all family and guests safe this Thanksgiving.”

Food for Thought

Cooking injuries such as minor burns and cuts are a top culprit for emergency room trips on Thanksgiving, as well as candle and kitchen fires and turkey fryer incidents. While delicious, the traditional Thanksgiving meal can cause dietary challenges for older adults with health conditions. For example, many Thanksgiving dishes contain high amounts of sodium, and ingesting too much sodium can lead to a spike in blood pressure. For some seniors with heart issues, the overload of salt triggers shortness of breath, palpitations, fainting and heart failure. Excess sodium can also cause an imbalance of internal fluids that stresses the blood vessels and kidneys.4

Improper handling, cooking or storing of food are other problems that could send family and guests to the bathroom and eventually the ER on Thanksgiving. Food poisoning or severe gastritis can be particularly worrisome for seniors with already compromised immune systems. These tips will help ease concerns about food-related trips to the emergency department:

  • Keep unsteady hands away from kitchen knives and hot cooking pots.
  • Decrease the amounts of salt and sugar in recipes.
  • Substitute healthier, lower-cholesterol fats in dishes.
  • With foods that can trigger health problems, help seniors with portion control — make smaller quantities and serve smaller pieces.
  • Follow food prep and food poisoning prevention guidelines.

The Best Medicine

Remind elders to pack all their medications for their holiday trip. If they are visiting only on Thanksgiving Day, ask them to bring their regular medications, plus a few dosages just in case they need to stay over a day or two. These travel tips can also help:

  • Put prescription bottles in a carry-on bag and not in checked luggage, which may get lost.
  • Carry a list of all medications and supplements and their dosages in case of a medical emergency.
  • Bring a list of all physicians’ names, phone numbers and addresses.

Play It Safe

Family gatherings are often replete with interactive games and sports activities, and seniors want to feel included in these festivities. The traditional Thanksgiving post-meal walk or game of touch football brings much fun and laughter until someone sprains a knee or breaks a wrist. To avoid the “ouches” of Thanksgiving, try these tips for older loved ones:

  • Modify activities for those with mobility or stamina limitations.
  • Start any physical activity with a session of slow stretching for participants.
  • Pair elders with grandkids to work on crafts, puzzles, board games and skits.

In Case of Emergency

Before Thanksgiving arrives, consider taking a first aid course or CPR training to prepare for an emergency. Learn the common symptoms of heart attack and stroke. If an older relative or guest becomes ill or is injured, consider these steps:

  • For signs of a heart attack or stroke, call 911 or emergency services immediately. If the person stops breathing, perform CPR.
  • If the individual fell or is injured and there are signs of serious bleeding, bruising, swelling or bone fracture, seek emergency medical care.
  • If the senior appears to have a significant injury to their head, neck, back, hips or thighs, keep the senior still and do not attempt to move them. Call 911 or local emergency services.
  • Calmly reassure the injured or ill individual, and keep them comfortable and warm. Do not give them food or drink.
  • To treat minor injuries, follow these first aid guidelines from Mayo Clinic.
  • Keep in mind that an urgent care center can handle cuts that need stitches and broken bones that need casts. Hospital ERs may expose seniors to more serious infections and subject them to extra medical tests.

Teaming Up

Litttman Krooks Elder LawMedical professionals also caution against being alarmed at the condition of older loved ones whom many relatives may not have seen in recent months. Rushing a visiting elder to a healthcare provider may be a knee-jerk response to the loved one simply going through the normal aging process.

“Regularly staying in contact with older loved ones and keeping abreast of their health and medical appointments will help seniors maintain better health throughout the year,” Giampa advises. “For the holidays, it is often a good idea to recruit personal assistance for older loved ones.”

Giampa notes that Right at Home’s professional, trained caregivers can accompany a loved one on the trip to see relatives and friends during Thanksgiving to provide assistance and an extra measure of safety. If the senior would happen to end up in the hospital, Right at Home’s RightTransitions® program can provide care and support to the loved one during the transition from the hospital back home. Right at Home is a pioneer in hospital-to-home care transitions for seniors, launching RightTransitions in 2010 as one of the first programs to support patients as they recover from a hospital or other care facility stay.

“Everyday health reminders, meal preparation, light housework, transportation to appointments, communication with family — Right at Home has older adults and adults with disabilities covered for Thanksgiving and any day or time of the week or weekend,” Giampa explains.

As the holiday season approaches and older relatives and friends are looking forward to joining in the Thanksgiving celebrations, now is the time to plan for their safety and comfort. Preparation steps like securing carpets and finding low-salt recipes will help keep seniors safe and healthy during this celebratory time.

 

 

1 MedicineNet, “ER Visits for Elderly Rise During Thanksgiving.” Retrieved from https://www.medicinenet.com/script/main/art.asp?articlekey=108060.

2 Centers for Disease Control and Prevention, “Emergency Department Visits for Injury and Illness Among Adults Aged 65 and Over: United States, 2012–2013.” Retrieved from https://www.cdc.gov/nchs/products/databriefs/db272.htm.

3 National Safety Council, “Enjoy a Safe Holiday Season.” Retrieved from https://www.nsc.org/home-safety/tools-resources/seasonal-safety/winter/holiday.

4 Unitek College, “Why Thanksgiving Is So Busy in Your Hospital.” Retrieved from https://www.unitekcollege.edu/blog/thanksgiving-busy-hospital/.

 

Learn more about elder lawestate planning and special needs planning at http://www.elderlawnewyork.com  & www.littmankrooks.com. Have questions about this article? Contact us.


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October Is National Estate Planning Awareness Month

Tuesday, October 1st, 2019

Estate planning is a crucial life management and wealth preservation activity for adults of all ages and all income levels.

Across the United States, October is National Estate Planning Awareness Month, an educational campaign intended to focus attention on the importance of having a plan to care for family members and manage accumulated wealth in old age and following death.

Just 4 in 10 adults in the United States have a will or trust. Estate planning is crucial for people of any age or income status. Parents with young children need to have a plan in place — at a minimum, a designated guardian and instructions conveyed in a trust — in the event of an unexpected death or disability.

senior couple planningFor everyone else, estate plans should be created to address tax avoidance issues, property management, asset protection, wealth distribution and health care decisions in the event of cognitive decline or disability prior to death.

Without a will or trust in place, important decisions about the care of young children and distribution of property at death will be made by a judge, often following a contested and expensive legal proceeding.

Estate Planning Awareness Month is a great time for everyone to take stock of their estate plans and financial health. If there is already an estate plan in place, now might be a good time to review it. If there is none in place now is the time get started:

  1. Define goals. Decide how any family responsibilities and property will be managed in the event of disability or death.
  2. Gather and organize data. Take inventory of all assets and title held to them. Identify any beneficiaries.
  3. Implement an estate plan. Develop a strategy — ideally with the assistance of a financial or estate planning professional — for managing and distributing the estate. Consider drafting the following documents: designation of guardian, will, trust, power of attorney and health care directives.
  4. Monitor and make changes if necessary. Life circumstances change, so do tax and probate laws. Mark the calendar to review estate plans annually.

For a detailed explanation of the measures necessary to create a sound estate plan, consult the comprehensive estate planning resources available at the Littman Krooks website.

National Estate Planning Awareness Month is a nationwide public education campaign first launched in 2008. With sound estate planning, individuals and their families can maintain financial security during their lifetimes and ensure the efficient, intended transfer of assets following death.

 

Learn more about elder lawestate planning and special needs planning at littmankrooks.com,  elderlawnewyork.com  & specialneedsnewyork.com. Have questions about this article? Contact us.


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Caregivers Need Care Too—How to Help, Effectively

Tuesday, September 24th, 2019

Littman Krooks Elder LawCaring for a loved one is a labor of love, very often with an emphasis on the work. Caregivers bear an incredible weight in making sure that their loved one is getting what they need while their own life is put on hold. Burnout is common. 

 

With good intentions and a little forethought though, a small amount of kindness to a caregiver can go a long way. The key to being an effective helper is to act with the caregiver in mind, to give them what they want, not what you think they need.

 

Get Personal

 

If you know the caregiver and have an idea of their situation and what they enjoy, you can focus on something from which you know they would benefit. For example, if they have always taken pride in their yard but have not been able to find time to take care of it as well as they usually do, ask if you can weed the garden or cut the grass (or hire someone who can). If they have a hobby, help them be able to do that activity by caring for their loved one or by performing other tasks. If you do not know the person well, you can ask someone who does what they would enjoy or offer something that is generally enjoyable or helpful. 

 

Be prepared for them to decline your offer caregivers may not want to burden anyone or feel awkward about accepting help. You may need to offer again later and remind them that you want to help.

 

You may need to be creative in how you facilitate giving them a hand. If they are anxious or unable, to leave the person they care for, then try to figure out how to accommodate that. Otherwise, your offer to help may cause more stress than good.

 

Show Up

 

Forget about asking the caregiver to let you know when/if they need anything. Chances are good that they will either never ask or have no clue how to respond to an open-ended request. Instead, make a specific offer and follow through. 

 

A small break from the endless responsibility of being a caregiver can be very refreshing. Take something off the caregiver’s plate. Pick up some groceries or an indulgent treat and drop it off to them. Sit and listen to them talk. Help with chores. Watch a movie together. There is no need to spend money or obsess over what to do. Simple, thoughtful gestures are often enough and very much appreciated.

 

Learn more about our elder law  estate planning or Medicaid Planning services. Contact us with additional questions.  


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NYC Home Sharing for Seniors

Monday, June 3rd, 2019

Finding affordable housing, particularly in major cities, has become a major issue for the elderly. Now, they are getting roommates.  In New York City, the Home Sharing Program is billed to help seniors with affordable housing as well as putting more money in people’s pockets in the form of rent.

The average apartment in New York City is $3,800 per month. Currently, there are approximately 1.6 million adults in New York City that are 60 or older. This is 19.2 percent of the population, which obviously causes a problem in affordable housing for the elderly. These numbers will only continue to grow, expounding the problem of affordable housing for the elderly. By 2040, 1 in 5 New Yorkers will be over 60, thus the creation of the Home Sharing Program.

The Home Sharing Program helps people looking for housing and pairs them with compatible people who have rooms available for rent. The City recently expanded the program to help even more elderly with affordable housing by giving a $1.4 million increase in the Program’s budget.

 

Learn more about our elder law  estate planning or Medicaid Planning services. Contact us with additional questions.  


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It’s Time to Protect Your Family and Your Future: April is National Financial Literacy Month

Monday, April 1st, 2019

Estate planning is a financial process that can protect you and your family, and is a very important component of your overall financial planning. April is National Financial Literacy Month to put your estate planning house in order. If you don’t have an up-to-date estate plan and you happen to get hurt or sick and cannot manage your financial affairs, the courts will have to appoint someone to manage them for you. The person they appoint might not be the one you would want to perform those tasks.

Without an estate plan when you pass away, your affairs will be settled by default through a complex legal system called “probate.” The handling of your financial affairs can turn into a costly and frustrating ordeal for your family and heirs.

The crafting of a good estate plan starts with planning, followed by the proper drafting and signing of appropriate legal documents such as wills, trusts, buy-sell agreements, durable powers of attorney for asset management, and an advanced health-care directive or health-care power of attorney. Having these documents in place saves you and your family a lot of money and time at a very difficult and emotional time.

Your estate planning should also address the coordination of the way you hold title to your various assets, your beneficiary selections, and the possible transfer of certain assets while you are alive.

Regardless of the extent of your net worth, estate planning is important for everyone. Complex strategies may be used by wealthy people to reduce death taxes and costs. Others may only require a simple will and/or trust to pass on property to their heirs and provide for minor children.

Even if a simple will is all you require, an estate plan is an essential part of your financial planning. Everybody will need it someday. The time to address or update your estate plan is now.

CHECKLIST — SIX STEPS TOWARD SUCCESSFUL ESTATE PLANNING

1. DEFINE YOUR GOALS: What do you want to happen to your assets in the event of your death or disability? If your beneficiaries predecease you, who are your alternate selections? How will your assets be distributed, and when will these distributions take place?

Decisions on distribution of your estate assets should take into account the size of the estate, the ages and abilities of your children, and your personal desires. For example, a distribution to children over time might consist of 10 percent of the estate at age 18, 25 percent at age 21, 50 percent at age 24 or upon completion of college, and the balance at age 30.

Choose your appointees for important roles: Who will be your executor and, if applicable, trustee and/or guardians? It is advisable to list at least a first and second alternate for each appointment in case your first choice is unwilling or unable to serve.

If you have children who are minors, the appointment of a guardian is probably the most important decision you’ll make. With the court’s approval, this person, or persons, will raise your children. Consider appointing a family member and spouse, or another close couple who’ll care for your children the way you would want.

You may want to consider listing multiple executors, trustees and guardians to serve together in handling the details of your estate. This can provide a check-and-balance system for the appointees and help them avoid oversights or misappropriations. Consider appointing family members, friends, professionals, advisers and/or trust companies for this position.

There is some risk here: If these people disagree and have problems, they can each be represented in court by counsel paid for by your estate, so be very careful in making your selections.

Living trusts have become popular because less administration is required in comparison with a will. Be aware that having a living trust does not eliminate the need for a will and administration at either the first or second spouse’s death.

To get the benefits of the trust, certain details must be attended to, and this is the job of your appointees. For example, leaving a trust for the surviving spouse requires that the trust be funded properly and in a timely manner at the first death, or major tax benefits can be lost.

Is estate privacy an issue for you? Do you want your estate to be public record upon your death? Do you have any special gifts you want made to charity? Do you want an elderly parent or friend to be financially cared for? All of these circumstances should be noted in your plan.

2. GATHER & ORGANIZE YOUR DATA: There are three basic tasks to be accomplished:

  • Review and update your financial position.
  • Review how you hold title to your assets. Is it consistent with your estate plan?
  • Review your beneficiary selections. Are they aligned with your estate plans?

Did you know that how you hold title to assets has a higher legal priority than your will? For example, if you and your best friend held title to an investment club account as joint tenants and you died, the property would revert to your friend even though you had willed your interest to your spouse.

3. ANALYZE YOUR SITUATION: Start by determining your current net worth, assuming your death occurred today. This can be done by totaling your current assets and liabilities, and adding the value of any life insurance.

Try sketching a picture or flow chart of your existing estate plan. Review your appointees:

  • Executor
  • Guardian of the Person/of the Property
  • Trustee
  • Power of Attorney – Property Management
  • Advanced Health-Care Directive or Health-Care Power of Attorney

 

Check with your financial advisors for updated information.

4. DEVELOP YOUR STRATEGIES: With the assistance of your estate planning advisor(s), identify the legal documents that need drafting or make any necessary adjustments to existing documents. Determine any other actions that must be taken for your wishes to be carried out.

5. IMPLEMENT YOUR PLAN: Do what needs to be done — i.e., create new wills, trusts and powers of attorney, adjust title to your properties, change alternate beneficiaries of retirement plans and life insurance policies to trusts.

6. TRACK & MONITOR YOUR PROGRESS: Check your estate plan annually or any time there are changes in your family situation or net worth. Use your financial planning calendar to schedule your next review.

These materials are provided as a public service by The NAEPC Education Foundation for “free-use” on websites, newspapers, newsletters, magazines, and other media broadcasts during the months of April and October as it relates to National Financial Literacy Month and National Estate Planning Awareness Week. For additional information or materials contact us at The NAEPC Education Foundation.

To assist with your estate planning, visit our website at www.elderlawnewyork.com.

Is Your Estate Plan Up To Date?

Friday, March 22nd, 2019

By: Amy C. O’Hara, Esq., Littman Krooks LLP

In order to ensure your existing estate plan meets your objectives, it is imperative that it be reviewed at least every 3-5 years and updated when needed.  Here are some issues that might necessitate updating your estate plan:

  • You want to avoid probate;
  • You or a beneficiary become disabled or have a long-term illness;
  • Death of a beneficiary;
  • Marriage, divorce or remarriage;
  • Birth or adoption of a child;
  • Death or change of executor, trustee, and/or guardian;
  • A change in the distribution of your estate;
  • A significant increase or decrease in your net worth;
  • Retirement;
  • Expecting to change state of domicile; and
  • Finally, any time you feel uneasy about any of your documents, making changes and/or speaking with your estate planning lawyer to make you feel comfortable with them.

Never make any changes on your current estate planning documents.  Mark-outs, interlineations and other informal changes are of no effect and will not be honored during an illness or after your death.  It is important to meet with an experienced estate planning lawyer to ensure you estate plan is updated properly to protect you and your loved ones.

 

Learn more about our elder law  estate planning or Medicaid Planning services. Contact us with additional questions.  


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