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Elder Law & Estate Planning

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 flexible and able to adjust to unexpected events.

Elder Law & Estate Planning

Estate 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 of the government to recognize GLBT marriages results in the loss of benefits for same sex couples.

Special Needs Planning

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 guardians.

Elder Law & Estate Planning

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 care expenses, are deductible once they exceed 7.5 percent of adjusted gross income.

Elder Law & Estate Planning

Estate Planning and Care of Minor Children for LGBT 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 individuals, joint adoption for married couples or domestic partners and second parent adoption. ..

Special Needs Planning

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 the form of housing vouchers.

Elder Law & Estate Planning

Obama Administration Declares Federal Defense of Marriage Act “Discriminatory”

The Obama administration Justice Department drew criticism from LGBT 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…

Elder Law & Estate Planning

Avoid Keeping Your Estate Plan Hidden

Failure to organize this information and leave accurate instructions about how to retrieve it can be costly. If you own assets such as  stocks, bonds, real estate, insurance policies, and even bank accounts, these assets, if unknown to your family, may be turned over to the state government. This happens more than people may think, with millions of dollars going into state treasuries each year.

Elder Law & Estate Planning

Trusts Are Not Just for the Rich and Famous

Trusts are often thought of in association with large estates, especially those of celebrities whose lives and finances are constantly under public scrutiny. You should know, however, that trusts can be used by anyone interested in estate planning and anyone committed to ensuring the best possible outcome for his or her family and beneficiaries.

Elder Law & Estate Planning

Choosing an Attorney-in-Fact

Naming a financial power of attorney, known in New York as an attorney-in-fact, is an important element of a good estate plan. If you become injured or ill or are for any reason unable to handle your finances, your attorney-in-fact has the power to act on your behalf. This individual can, for example, pay bills,…