Archive for the ‘Estate Planning’ Category

The Disadvantages of Do-It-Yourself Estate Plans

Thursday, September 16th, 2010

While some people think that creating an estate plan on your own is a simple task, this couldn’t be further from the truth. In fact, there is a lot of legal knowledge, personalization, and attention to detail that goes into an estate plan. Even if you are young and think you have negligible assets, you should consult a professional. There are simply too many things that can be left out or misunderstood, and sometimes things just go wrong. Even a small mistake in an estate plan can lead to big problems, even invalidating your entire plan.

There are several important issues that are often overlooked by those preparing an estate plan on their own:

  • Although a will does not have to be notarized in some states, most states do require you to sign your will in the presence of witnesses. Failing to do this can result in your estate plan being invalidated.
  • It is important that you choose a backup guardian for your minor children in case your first choice is unwilling or unable to care for them. Failing to do so can cause great problems for your family after your death.
  • Although there is no estate tax in 2010, many heirs will actually end up paying more because of capital gains taxes.
  • Upon your death, your will becomes a public document, and this could leave your heirs open to criticism, claims, and contest suits by predators or unhappy relatives.

Any of these issues could present problems for those completing estate plans on their own. An estate planning attorney, however, could easily anticipate and address these issues. You should contact an estate planning attorney to ensure that your estate plan is current and complies with all state and federal regulations.

To learn more about New York elder law, New York estate planning, visit http://www.elderlawnewyork.com

How the Economy Is Affecting Seniors

Wednesday, August 25th, 2010

We recently spoke to Andrew H. Hook, an elder law and estate planning attorney with Oast & Hook (www.oasthook.com), about trends he’s observed during the economic downturn.  Andy is past president of the Special Needs Alliance and a nationally known elder law, special needs, and estate planning expert.  Here’s what he had to say…

Q: How is this economy affecting the seniors who turn to you for advice?

A: The issues for seniors are the same ones we’ve dealt with for years—except that the situation is more extreme.  Many of the elderly are ill prepared for retirement, which has always been true.  They come to us with mortgages on their homes and high credit card debt.  They have no long-term care insurance and insufficient assets to cover insurance deductibles and co-payments in the event of acute illness.  They haven’t done the financial planning that’s necessary to ensure quality of life during their golden years.

Q:What’s the answer?

A: Saving and planning.  People have assumed too much debt over the course of their lives and, consequently, have been faced with enormous interest payments—way too much.  They have mortgaged their futures.

Q: How is this affecting other family members?

A: That’s where I’ve observed a big difference in this economy.  The adult children, who are usually between the ages of 45 and 60, are themselves thinking about retirement.  The recession has caused many of them to lose their jobs, and the value of their 401(k) investments has plummeted. They’re counting on an inheritance to make up the difference, but given the issues being faced by their parents, the size of the estate may be negligible.

Adult children may always have had expectations concerning the family estate, but now their need is more urgent.  I’m seeing a greater fear among members of that generation, and it’s certainly causing more conflict  between siblings.  There aren’t a lot of Ozzie and Harriet families out there.

Andy, thanks for taking the time to share your views with us.  We appreciate it, and we hope that your comments inspire others to put their legal and financial affairs in order.

Estate Plans Should Represent Your Family’s Specific Needs

Friday, July 23rd, 2010

Each family is unique and should have an estate plan which reflects its specific requirements. Your estate plan should represent your family’s hopes for the future while meeting its current financial needs. For example, a couple married for many years will surely need a different estate plan than a second marriage couple with children from the previous marriages. In addition, high net worth families may need to employ special strategies to minimize estate, gift, income, and generation skipping taxes.

Estate plans can take a number of different forms and may include an education trust and the nomination of a guardian for minor children; a special needs trust for a child or spouse with disabilties; or even safe trusts for heirs who may not be able to manage their inheritance or who may be facing divorce. Alternatively, some families may find that their needs are simpler and do not require any trusts; for them, a simple will may serve their purposes well.

Whatever your family’s needs may be, you’ll want them to be met by a knowledgeable and compassionate estate planning attorney. You’ll want to choose someone who will listen to your family’s specific concerns and needs with an open mind. An estate plan should not be a standard set of documents based on numbers and averages. There is no one-size-fits-all solution when it comes to estate planning. Families will want to sit down together and seriously consider their specific situation before meeting with an estate planning attorney.

To learn more about New York
elder law
, New York
estate planning
, visit http://www.elderlawnewyork.com.

Second Marriages and Estate Planning

Tuesday, July 6th, 2010

With the number of divorces continuing to rise in the United States, there has been an increase in second marriages. Second marriages and the blended families that often result from them can pose a number of estate planning issues. This is because spouses must provide for their partners, their partner’s children, and children from the previous marriage. If you are marrying later in life and already have substantial assets, this can make the situation even more complex. One of the most difficult challenges will be using those assets to ensure that a surviving spouse is financially secure in his or her lifetime, while preserving a sizable sum for the children from your first marriage.

With a second marriage, spouses should consider how long the second marriage has lasted and the financial situation of each partner. In addition, a great deal of thought should go into what the children from the first marriage will receive if their parent is the first spouse from the new couple to pass away. If there is no prenuptial agreement in the second marriage, it is likely that the surviving spouse will get half of the deceased spouse’s assets, and this may not be what the deceased spouse would have wanted for his or her children from a previous marriage.

While second marriages can present challenges for estate planning, these issues can be resolved if clients are thoughtful and seek the advice of an experienced estate planning attorney.

Bernard Krooks is a New York Elder Law and New York Estate Planning lawyer with offices in White Plains, Fishkill, and New York, New York. To learn more, visit Littmankrooks.com.

Same Sex Couples and Retirement Planning

Sunday, March 21st, 2010

A large number of same-sex couples will be entering retirement in the next few years, and many of them will face great challenges in planning for their financial futures. The majority of these problems will stem from their unmarried status. Unmarried couples are not guaranteed the automatic legal protections that take effect when one member of a married couple dies. In addition, unmarried couples lack many of the other advantages in planning for financial security in their retirement; these are advantages that most couples take for granted.

Same-sex couples are at a disadvantage when it comes to receiving 401(k) benefits. Same-sex surviving spouses, unlike the surviving spouse in a married union, cannot directly receive the balance of their deceased spouse’s 401(k) plans. Because they must begin making withdrawals on the balance right away, they face a higher tax rate than their married counterparts and experience the loss of accruing interest. In addition, a married person can transfer his or her deceased spouse’s 401(k) funds into an IRA without paying taxes, yet a gay or lesbian who inherits 401(k) funds may end up paying up to 70 percent of those funds in taxes and penalties.

Pension benefits also do not apply to same-sex couples in that way that they apply to married couples. If a worker passes away, most pension plans will pay survivor benefits solely to a legal spouse of the participant. As such, gay and lesbian partners are excluded from these pension benefits. Not receiving these benefits could cause significant financial problems for surviving same-sex spouses.

In order to better plan for their future, same-sex couples should consult with an attorney who specializes in estate planning.

Federal Estate Tax Repealed for 2010

Wednesday, March 10th, 2010

The government recently eliminated the estate tax for the entire year of 2010. Effective January 1, no federal estate tax or generation-skipping taxes (GST) will be imposed upon individuals who pass away in 2010. Both federal estate taxes and GST taxes are to be reinstated in 2011, and there will be a $1 million exemption (for GST taxes) and a maximum federal tax rate of 55 percent. The million dollar exemption is less than the maximum exemption in 2009, which guaranteed a $3.5 million exemption. What this means is that there will be many more estates subject to estate tax in 2011.

While the current relief from estate taxes seems promising, the estates of those who pass away before the end of the year may not be given to their heirs free and clear. In fact, Congress may have the ability to reinstate estate taxes for this year and make them retroactive to January 1, 2010. If this happens, Congress may impose the rates from 2009 or they may increase these rates.

These changes in the estate tax law may significantly impact your estate planning documents. To learn more about how the change in estate tax affects you and your family, contact a lawyer who specializes in estate planning.

Same Sex Couples and Retirement Planning

Monday, February 22nd, 2010

A large number of same-sex couples will be entering retirement in the next few years, and many of them will face great challenges in planning for their financial futures. The majority of these problems will stem from their unmarried status. Unmarried couples are not guaranteed the automatic legal protections that take effect when one member of a married couple dies. In addition, unmarried couples lack many of the other advantages in planning for financial security in their retirement; these are advantages that most couples take for granted.

Same-sex couples are at a disadvantage when it comes to receiving 401(k) benefits. Same-sex surviving spouses, unlike the surviving spouse in a married union, cannot directly receive the balance of their deceased spouse’s 401(k) plans. Because they must begin making withdrawals on the balance right away, they face a higher tax rate than their married counterparts and experience the loss of accruing interest. In addition, a married person can transfer his or her deceased spouse’s 401(k) funds into an IRA without paying taxes, yet a gay or lesbian who inherits 401(k) funds may end up paying up to 70 percent of those funds in taxes and penalties.

Pension benefits also do not apply to same-sex couples in that way that they apply to married couples. If a worker passes away, most pension plans will pay survivor benefits solely to a legal spouse of the participant. As such, gay and lesbian partners are excluded from these pension benefits. Not receiving these benefits could cause significant financial problems for surviving same-sex spouses.

In order to better plan for their future, same-sex couples should consult with an attorney who specializes in estate planning.

Pros and Cons of Joint Accounts

Monday, February 8th, 2010

If you’re thinking that joint accounts are a foolproof way to escape probate and funnel dollars to loved ones as a sort of “poor man’s estate plan,” think again. Sometimes a joint account is an excellent option. But the instrument has its pitfalls as well, and if misused or entered into without caution, joint accounts can pose serious risks. Adding a loved one to a bank account may seem like a prudent action, but such actions can impact Medicaid planning or even make your account “fair game” for your loved one’s creditors.

There are viable alternatives to joint accounts. A consultation with your attorney practicing Elder Law may suggest a durable power of attorney or a well-considered trust instrument.

To learn more about New York Elder Law, NY Elder Law, New York Elder Care, NY Elder Care, or New York Estate Planning visit http://www.elderlawnewyork.com.

Spicing Up Your Ethical Will

Wednesday, February 3rd, 2010

An ethical will can be anything from a letter to your children spiced with anecdotes or appropriate humor, to a novella length memoir chronicling your experiences in a manner uniquely your own.

While legal formalities which accompany wills, trusts, and other formal documents are, indeed, generally formal in nature, the ethical will can be more relaxed and can convey more of the author’s values.

In such a document, the writer’s personality survives to provide freshness and power to capture the life of a real person.

To learn more about New York Elder Law, NY Elder Law, New York Elder Care, NY Elder Care, or New York Estate Planning visit http://www.elderlawnewyork.com.

Losing Your Spouse Shouldn’t Mean Automatic Poverty

Friday, January 29th, 2010

Losing a spouse is never an easy thing to deal with – emotionally or financially. Many people who have lost a spouse feel adrift in a sea of doubt, without an anchor. Simple interactions may suddenly appear too daunting because their “other half” is missing.

The emotional loss, though, is only the beginning.

If the deceased spouse was the primary source of income, or handled all the family finances, it gets worse, especially if discussions about death and finances weren’t comfortable topics. It’s typical for the survivor to attempt to continue living in an accustomed lifestyle, but this may not be feasible or even possible. Effective coping begins with regaining a sense of organization. The surviving spouse should seek the services of an elder law attorney to administer the estate of the deceased, and to update his or her own estate plan.

To learn more about New York Elder Law, NY Elder Law, New York Elder Care, NY Elder Care, or New York Estate Planning visit http://www.elderlawnewyork.com.