On June 26, 2013, the U.S. Supreme Court decided United States v. Windsor, a case involving a same sex couple married in New York, where such marriages are authorized. One of the women died leaving a substantial estate. An estate tax return was filed and the surviving spouse, because of the Defense Of Marriage Act (DOMA), was not entitled to the unlimited spousal deduction that heterosexual couples could take advantage of generally reducing the estate tax on the first death to zero. The spouse filed the return, the IRS disallowed the spousal deduction, and the surviving spouse sued for a refund of taxes paid.
Join me at the Adam’s Mark Hotel, 120 Church St., Buffalo, NY 14202, for Elder Law Day 2013.
Free seminars on legal issues of interest to older adults and their families.
- Grandparents’ Rights
- Avoiding Financials Scams
- Wills, Trusts, and Small Estate Planning
- Medicare, Medicaid & Long Term Care
- LGBT Legal Issues
- Veterans’ Benefits
- Elder Abuse & Mistreatment
Clients should beware of a recent scam in which companies are recommending that all homeowners obtain a copy of their current Grant Deed. Contrary to this advice, securing a copy of the deed is not necessary once the original has been recorded (having a copy of the deed is not necessary to prove ownership as long as the deed is recorded in the county clerk’s office). The companies involved in this scam have been contacting property owners via letters and emails, offering to provide a copy of the deed for a fee that ranges anywhere from $50 to $80. Though not required, if a homeowner does wish to obtain a certified copy of the deed, this can be done through the county clerk’s office for a smaller fee, usually between $4 and $10 depending on the length of the original document.
In recognition of World Elder Abuse Awareness Day, the Elder Abuse Committee of the Elder Law Section of the New York State Bar Association has created an FAQ about elder abuse tailored specifically for attorneys.Elder abuse is a widespread, growing problem and attorneys like you are effectively positioned to identify, address and remedy incidents of elder abuse within your pool of clients and potential clients.
“Everybody has a Will. But, perhaps you don’t know what yours says?”
In New York State, everybody has a plan to distribute assets after death. Without a written Will Last Will and Testament, your assets will pass-on by what is commonly referred to as “intestate distribution” or “intestacy.”
May is National Elder Law month! Throughout the month of May, please check our website for informative articles on Estate Planning and Elder Law topics.
HoganWillig will be hosting an Elder Law Day on Monday, May 13, 2013 at our Amherst, NY location (2410 North Forest Road, Suite 301). We are offering FREE 20-minute private consultations with one of our attorneys for review of basic estate planning documents and elder law issues. These FREE consultations will be by appointment only. Appointment slots will fill-up quickly, so, please call for an appointment today: (716) 636-7600.
For many divorcing persons one of their most important assets, oftentimes the most significant one, is their house. Significant not only financially, but frequently emotionally as well.
April 16, 2013 is “National Healthcare Decisions Day.” It is a day set aside to educate the public about the importance of health care planning. This is to encourage people to express their personal wishes regarding healthcare, in writing, before a health care crisis occurs.
Every person who lives in New York State dies in one of two ways: with a Will (testate) or without a Will (intestate).
In the course of my practice, when clients are starting a business or changing their current business structure, they ask which entity is better for their needs, an S-Corporation or an LLC. While both entities share similar qualities, they also have distinct differences. A client should review the pros and cons of each entity prior to deciding.