Long-term care planning is not generally a topic that people in New York are itching to discuss with their loved ones. Often, the people who will need it the soonest, may not recognize how critical planning ahead actually is. They may also neglect to clearly define their expectations to those who they want to participate in their care. Likewise, the people listed in another person's long-term care plan may have an inaccurate understanding of their responsibilities or be unfamiliar with where to find critical documents that disclose vital information.
New York estate planning experts often recommend that you establish both a power of attorney and a living will. The two documents are similar to one another in that they both pertain to end-of-life issues and how your health care will proceed in the event that you become incapacitated and are unable to make such decisions for yourself.
Whether you are responsible for someone who is developmentally disabled, incapacitated or mentally unstable, or a child who has lost his or her parents, you may file for guardianship of that person. When you file for guardianship, you are asking the court to give you permission to make critical legal, medical, financial and personal decisions on behalf of someone who is unable to make those decisions for themselves. You must be approved by the court to be named a guardian of another person. You must also be a citizen of the United States, over 18 years of age and have a clean criminal record. Ultimately, it is up to the judge’s discretion as to whether you would be a good guardian for the person in question.
New York residents live in a minority state in at least one senese: the probate process levies an estate tax on inheritances. This is in addition to federal taxes of the same type.
Terminology is one of the largest challenges people in New York have when first considering trusts as a form of estate management. This article briefly considers a few key terms and phrases the law uses, hopefully with the effect of clarifying the language for non-lawyers.
What if, before the age of majority and full inheritance, one of your children had an opportunity to attend an elite school? What if one decided to study finance, while another pursued a less bankable profession? Our team here at the office of Joseph A. Ledwidge, P.C., strives to aid New York parents in developing long-term, sustainable estate distribution strategies that would be fair to all children, even in the face of these types of complex situations.
These days, New York estate planning usually includes a strategy on how to handle important online information. This is necessitated by various factors: most notably the rise of the internet as the world's primary communication channel. Third parties now hold most letters, images and memories on remote storage devices. Commonly, large international tech companies, such as social networks, computer manufacturers and advertising companies, are the entities providing these services.
You are far from alone if you have suspicions your heirs might misuse the resources that you intend to leave to them. Many New York families have the same concerns, whether they stem from the immaturity of the beneficiaries, a known inclination towards a certain type of spending or even differing political views. Your assets represent your own hard work — and potentially that of your forbearers as well. Unfortunately, a will would simply bequeath assets in most cases, giving you no control over how they are spent, leveraged against or disposed of.
At our New York offices, the team at Joseph A. Ledwidge, P.C., believes that everyone should have access to effective estate planning tools. You could protect your loved ones after you pass, save more of the value of your estate and maintain the direction and purpose of your assets by creating the appropriate trust structure. We take pride in helping our clients obtain peace of mind, but the process often involves far more than simply drawing up a document for somebody to sign.
If you are a New York parent of a disabled or special needs child, your estate planning needs will likely differ considerably from those of your friends and colleagues. A special needs trust is one method many parents of special needs children use to make plans for the future, and at the law offices of Joseph A. Ledwidge, we have helped many clients with similar concerns consider this and related estate planning options.