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Posts Tagged ‘new york special needs’

Estate Planning and Trust Protectors

A trust protector is an individual who will oversee a trust and make sure it is not affected in the event that laws or other circumstances change. A trust that will be in effect for a lengthy period of time may benefit from a trust protector. Appointing a trust protector makes a long-term trust more [...]

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Estate and Elder Law Planning Concerns for Same Sex Couples

GLBT couples face several unique challenges, many of which are due to the fact that the federal government does not recognize state-sanctioned marriages, civil unions or domestic partnerships. Social Security provides one key example of inequality built into the law. Social Security is a federal law, and the federal government determines eligibility rules. The failure [...]

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Special Needs Planning for Children Transitioning into Adulthood

As a child with special needs approaches the age of 18, a variety of circumstances change. Programs that are available to help with the care of minors may no longer be available for adults. Eligibility for public financial benefits is subject to strict rules. Health care decisions may not automatically be left to parents or [...]

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Tax and Estate Planning: Take Advantage of Tax Deductions for Assisted Living Costs

People who are familiar with the costs associated with nursing home care are acutely aware that care is getting more and more expensive every year. Fortunately, a portion of the cost of nursing home care, like other medical expenses, can be deducted as an itemized expense on federal tax returns. Medical expenses, including some longterm [...]

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Estate Planning and Care of Minor Children for GLBT Parents

When planning for the future care of minor children, same sex couples living in New York State can and should take advantage of state adoption laws. Unlike some states that prohibit some or all types of GLBT adoption, New York State provides three legal adoption routes for gay and lesbian parents: single adoption for unmarried [...]

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Proposed Bill Would Increase Housing Opportunities for People with Disabilities

The bipartisan Frank Melville Supportive Housing Investment Act, introduced by Senators Robert Menendez (D-NJ) and Mike Johanns (R-NE) at the end of July, would expand affordable housing options under the Department of Housing and Urban Development’s Section 811 program for people with disabilities. The Section 811 program provides a benefit to individuals with disabilities in [...]

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Obama Administration Declares Federal Defense of Marriage Act “Discriminatory”

The Obama administration Justice Department drew criticism from GLBT groups in June when it moved for the dismissal of a lawsuit challenging the federal Defense of Marriage Act. The administration’s argument for dismissal is based on the premise that DOMA remains law until repealed by Congress, and as law must be defended by the justice [...]

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A Lesson in Contrast: Did Steve McNair Engage in Estate Planning?

The unexpected death of former NFL quarterback Steve McNair has raised a lot of questions about fidelity and domestic violence. Putting McNair’s personal life aside, however, we can use his situation as an example of what can happen when one does not engage in estate planning. We have commented on Michael Jackson’s death and the [...]

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Revoking a Power of Attorney

A durable power of attorney is one of the most important estate planning instruments available. It is extremely important that a trusted individual be named to make financial decisions on your behalf should you become unable to speak for yourself. Since this is such an important decision, it is also important to understand that if [...]

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Nothing in an Estate Plan Is Set in Stone

An estate plan is made up of living documents. Legal documents such as Wills, trusts, and powers of attorney are flexible and, therefore, can and should be reviewed on a regular basis. Most estate planning professionals advise that an estate plan be reviewed, and if necessary, updated every three to five years, or more frequently [...]

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