A cousin is a solicitor in the U.K. He describes a Will as a ‘crisis purchase.’ In other words, it is decision frequently delayed until the end. Hence, our title is taken from Shakespeare (another Will) and his play Richard II when the king realizes he is close to his royal and violent end. Then thoughts of mortality and executors force themselves upon his thoughts. And ours. There are many misunderstandings about your choice of…

On Friday evening, September 18, 2020, along with countless millions of others, I was stunned to learn of the untimely passing of my legal hero, The Honorable Ruth Bader Ginsburg. Her death is a profound loss as our country suffers from intense division among party lines, unprecedented fires in the west, and the loss of 200,000 souls, so far, in a pandemic the likes of which have not been seen in more than 100 years.…

In the coming weeks we will be posting about elder abuse and the role of estate planning and guardianship proceedings in addressing a growing crisis.  As an introduction to the novel legal and medical issues posed by living longer lives, we link to two public presentations that you might find interesting. The first is from the American Bar Association and examines the many legal issues presented by elder abuse. The second is from a Harvard…

We began our Trusts and Estates blogging with an essay by a member of the Firm and colleague in our Trusts and Estates Department, Sally Donahue, on “The Human Touch.” One of the reasons we began our blogging was not just to be just another trusts and estates blog droning on and on about the latest case law but to give the reader a perspective on various general topics of trusts and estates that were…

See our most recent post about important changes to Medicaid rules regarding eligibility for home care services. The implementation of the thirty (30) month look-back period for Medicaid home care eligibility was originally scheduled to be effective as of October 1, 2020. Reportedly, it has just been postponed to January 1, 2021. It is somewhat unclear, but the thirty (30) month look-back may still be applied to transfers made on or after October 1, 2020,…

As our population ages, worries about caring for our parents (not to mention ourselves), grow in importance. On October 1, 2020, New York will impose new restrictions on the eligibility for community Medicaid. This is a major change in the law. Before October 1, eligibility for such home care services was not subject to restrictions on the amount of property or assets a person had. Soon there will be restrictions in place. Background Community Medicaid…

A Power of Attorney is a very important and useful estate planning tool. But it is also a very dangerous one. A Will is effective only upon your death and then only when approved by the Surrogate’s Court. But a power of attorney is effective upon proper completion. It enables the person to whom it is given to act on one’s behalf in matters both personal and financial.  Think of the consequences of that statement.…