A Trust Most elder law estate plans are composed of either an Irrevocable Medicaid Asset Protection Trust (MAPT) or a Revocable Living Trust (RLT). The MAPT is utilized where protection of assets is required because the senior does not have long term care insurance. Assets need to be protected in the event the senior needs to go into a nursing … [Read more...]
Advanced Directives
Living Will Living wills should not be confused with last wills and testament. Living wills do not provide for the disposition of assets after death. Living wills are designed to state an individual’s preference with regard to medical treatment should they be unable to communicate or direct their doctors or family members concerning their wishes. … [Read more...]
The Durable Power of Attorney
A power of attorney is a document that gives the authority for one person to delegate responsibilities or authority to another individual with regard to financial transactions. A power of attorney appoints an agent to act on behalf of the creator to help the creator with a variety of legal and financial transactions. Powers of attorney can be broad … [Read more...]
Estate Planning Documents
Will The purpose of a will is to set down the manner and disposition of an individual's assets and his or her estate, at the time of his or her death. A will has no effect during a person's lifetime. It only deals with the disposition of the person's assets at the time of death. The will should be crafted by an experienced estate planning lawyer. … [Read more...]
Amending Irrevocable Trusts
Irrevocable trusts are an invaluable estate planning resource. However, due to tax changes (fiscal cliff) and other issues, irrevocable trusts with an estate plan in mind, need to be changed related to subsequent modifications of estate tax laws. Can irrevocable trusts be amended? The answer to that is yes, in certain circumstances. New York … [Read more...]
Why Have an Irrevocable Trust?
Wills, revocable trusts, and irrevocable trusts are all estate planning devices. Revocable trusts are a type of trust that can be changed, modified, or revoked at anytime. This type of trust allows you to change your mind with regard to all aspects of the terms of the trust. These trusts are very flexible. Uses of a revocable trust: 1. … [Read more...]
Power of Attorney Laws Changing in New York
Spurred on by financial abuse of the elderly, New York will change its laws with regard to executing a valid "Power of Attorney" ("POA") document. The new law will be effective September 1, 2009, although POAs executed before that date in compliance with the old law will still be valid. This development makes it especially important to use an … [Read more...]
