Nuts and Bolts of Trusts, Part 1

Nuts and Bolts of Trusts, Part 1 What are trusts and how do they work? We’ve all heard of trusts, but they often seem unapproachable to the average person. Despite their reputation, trusts can be beneficial to people from all walks of life. Though they can be complex in nature, with the assistance of an […]

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Getting Comfortable with an Irrevocable Trust

I’ve met with many clients over the years who love the asset protection and probate avoidance of a Medicaid Asset Protection Trust (MAPT), but who get very nervous when they see that the trust is irrevocable.  The good news is that you can get the best of both worlds with the MAPT, that is, get […]

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Asset Protection with Trusts – Testing the Limits

Using Spendthrift Trusts in New York To what extent is a beneficiary’s trust fund available to his or her creditors?  Most elder law attorneys are very well versed in how trusts can be used to protect assets from claims by Medicaid, but it has been noticed, at least in my own experience, that the broader rules […]

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Estate Planning in Every Stage of Life

I recently gave a series of talks in which I explained that every stage of life offers an opportunity for estate and elder law planning. What source better than the Bard himself, to help to organize these talks. Here is a brief summary of my presentation. The play “As You Like It” includes a beautiful […]

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Medicaid and Medicare – Understanding the Differences

One of the most common things that people tend to confuse is Medicare and Medicaid.  These are very different government programs despite the similar name!  Understanding the differences is an important step in leveraging these resources for one’s own benefit or those of a spouse, parent or family member. Medicaid is a joint Federal, State […]

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Should ABLE Accounts be a part of your estate and asset protection plan?

ABLE accounts are savings accounts for individuals with disabilities and their families. These accounts are a newer kind of financial plan, which emerged as a result of the Stephen Beck Jr., Achieving a Better Life Experience Act of 2014, also referred to as the ABLE act of 2014. ABLE accounts are a type of tax-advantaged […]

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Why Should You Use a Living Trust – Case Study

The following case study highlights the benefits of using a Revocable Living Trust where the chosen beneficiaries are other than the natural objects of one’s bounty.   This case showed why a living trust may be better when someone wants to cut out a child or other close relative from one’s estate. The client had no […]

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The “ABC’s” of Trust Planning – Learning the Terminology

Knowing the basic terminology in any new area of study is a key to understanding the topic as a whole.  This is particularly true with estate planning and trusts where unfamiliar terminology abounds.  This post will specifically go through some of the more common nomenclature surrounding trusts and trust planning. What is a trust is […]

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Income Taxation of Trusts

One questions that clients often ask is whether having a trust will impact the client’s taxes.  Obviously, with the tax law being what it is, this is not necessarily an easy question to address in a short blog post.  Nevertheless, there are certain principals that can help establish the lay of the land and give […]

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