Recent Publications - Wendy Hoey Sheinberg
November 29, 2023 |
As of November 2023, having a valid Health Care Proxy became easier for New Yorkers. A Health Care Proxy allows a competent adult to appoint an agent to make health care choices for them if they lose the ability to make those decisions for themselves. Two adults who are not appointed in the document mustRead More
March 29, 2023 | |
The beginning of March marked the collapse of crypto-focused Silvergate Bank. That same month, the bank shut down its Silvergate Exchange Network, which allowed clients with holdings in digital currency to move U.S. dollars from their own account to the bank accounts of other Silvergate customers.
Cryptocurrency, nonfungible tokens and other digital assets and emergingRead More
March 27, 2023 | |
Recent headlines about bank closures have prompted people to check their personal bank accounts to make sure the balances are under the $250,000 FDIC insurance limits. The Federal Deposit Insurance Corporation (FDIC) is an independent agency of the United States government that protects depositors of insured banks against the loss of their deposits if anRead More
March 21, 2023 |
Attention-grabbing headlines declare that Priscilla Presley is challenging Lisa Marie Presley’s trust. The facts of the case, as they appear in the court filing, are not as dramatic as the headlines, but the controversy surrounding Lisa Marie Presley’s estate highlights many of the potential pitfalls that can arise when estate planning occurs without the inputRead More
December 15, 2022 |
The Grinch lives alone in a mountaintop cave with his dog, Max, and no medical attention for his undersized heart and oversized unpleasantness. The Grinch observes the noisy holiday festivities of Whoville from afar. The happy racket fuels his anger and furthers his feelings of isolation. In a misguided attempt to salve hisRead More
November 17, 2022 |
Margaret Schlegel and Ruth Wilcox bond over Christmas shopping, their shared attachment to their respective childhood homes and familial loyalty. Ruth enchants Margaret with stories of her ancestral home, Howards End. Ruth confides in Margaret that her husband, Henry, and children do not share her connection or affection for Howards End. They areRead More
October 20, 2022 |
The entire Royal Family of the United Kingdom dies during a poorly planned family photo session (but as anyone who has sat through a family photo knows, they may have faked it).
Meanwhile, on the other side of the pond (we tend to be cheeky), Ralph Jones works as a Las Vegas loungeRead More
September 15, 2022 |
Drew Baylor is a wildly successful athletic shoe designer for Mercury Sportwear until his world is turned askew when one of the shoes he designed is accused of having a design flaw. Mercury announces a recall; Drew becomes the scapegoat; his boss publicly humiliates him and then unceremoniously fires Drew.
At his darkestRead More
September 1, 2022 |
By now, your college-age kids have decorated their dorm rooms and collected every class syllabus (although whether they’ve read them is a different issue). While you may long for the days when you were an integral part of their daily lives, your job is far from over. You can still protect your kids and yourRead More
August 18, 2022 |
Fester Addams, a wealthy bachelor, wants nothing more than to find a great love like that between his older brother Gomez and his wife Morticia, but he is too trusting and easily mislead. Following the birth of Gomez and Morticia’s third child, Pubert, they hire a nanny named Debbie. Fester quickly becomesRead More
July 21, 2022 |
Margot and Tony Wendice seem to have it all – they are young, beautiful, and in love. However, much like pyrite, not everything that glitters is gold.
Before their marriage, Tony was a successful tennis player. It would have been unseemly for Margot, a wealthy socialite, to marry a professional athlete, so TonyRead More
June 16, 2022 |
In a twisted psychological experiment, Allison and Peter Novak set up their friends Holly Berenson and Eric Messer (a/k/a Messer) on a date. Holly and Messer are as incompatible as pineapple and New York pizza, and the matchmaking experiment predictably tanks. The Novaks cannot leave well-enough alone, they double down and pull anRead More
May 19, 2022 |
Henry Hobson is a widowed blowhard who fancies himself superior to everyone because he owns a shoe business. Hobson’s daughter Maggie actually runs the business, but Hobson does not pay her.
Hobson is downright nasty to most of the people in his life. He demeans Maggie and tells her she is too oldRead More
April 21, 2022 |
Montgomery Brewster’s minor league baseball career is fizzling. Optimistic Brewster believes his big break is just around the corner, but the break he gets is not the one he expects.
Brewster’s previously unknown great-uncle Rupert Horn dies leaving Brewster $300 million – but only if Brewster can spend $30 million in 30 daysRead More
March 17, 2022 |
Uptown Girls begins as all fairy tales should:
“There was once a princess who lived in a castle high above the streets of an enchanted kingdom (New York). The king and queen were long gone but they left her with their treasure so that she could stay a princess forever…”
Some people thoughtRead More
February 17, 2022 |
Sanford Babbitt, Charlie Babbitt’s estranged father, died. Charlie returns home and finds out he is only receiving a car and prize-winning roses, and that all of his father’s other assets have been left in trust for the benefit of an unnamed individual.
Eventually Charlie finds out he has an older brother named RaymondRead More
January 20, 2022 |
“Legendary was the Xanadu where Kubla Kahn decreed his stately pleasure dome.” Legendary too were the colossal errors made by Mary Kane in this celebrated classic movie which follows a journalist as he tries to uncover the meaning of Charles Foster Kane’s last words.
Jim Kane and Mary Kane ran a ColoradoRead More
December 23, 2021 | |
Today, much of our lives are documented through digital devices and assets, instead of, for example, through things such as traditional family photo albums. But while photo albums are easily passed on after death, passing along digital assets present additional challenges. Expectedly, there are laws which address the ownership of digital assets. That said, despiteRead More
November 22, 2021 |
2020 changed the way family celebrated the holidays. This was especially true for families with loved ones in skilled nursing facilities (SNFs). However, the 2021 holidays look like they will be brighter and visiting loved ones in SNFs will be easier thanks to new federal and state guidance.
On November 12, 2021, the Centers forRead More
October 26, 2021 |
Charitable giving helps to improve social well-being by supporting a broad range of areas including education, scientific research, alleviation of poverty, and others. To encourage donations, the federal government makes certain charitable contributions eligible for tax benefits. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) increased certain charitable donation deductions, while the CARESRead More
April 8, 2021 |
On February 16, 2021, New York state legalized compensated gestational surrogacy. The Child-Parent Security Act (the Act) imposes estate planning requirements on the intended parents.
Required Estate Planning
Prior to implanting the embryo in the surrogate, the intended parent(s) must sign a will. The will must:
- designate a guardian for all children born of
April 7, 2021 |
On February 16, 2021, the Governor enacted the Child-Parent Security Act (“the Act”) through emergency regulations, legalizing compensated gestational surrogacy in New York State.
With gestational surrogacy, a surrogate gestates an embryo for the intended parents. The embryo may contain the genetic material of the intended parents or donor gametes. Traditional surrogacy, where the surrogateRead More
February 24, 2021 |
The new Netflix movie, “I Care a Lot,” is truly terrifying. Like many thrillers, this movie begins with a relatable premise and a relatable fear. In this case, it is the fear of dependence and exploitation.
The film builds on those fears until our very worst nightmares are playing out before our eyes.
Unbeknownst toRead More
February 18, 2021 |
Multiple news outlets have reported that a secret Will of the late broadcast legend, Larry King, has been found. According to the reports, this secret Will is handwritten and states:
This is my Last Will and Testament. It should replace all previous writings in the event of my death, anyRead More
February 12, 2021 |
Britney Spears has been making headlines lately, unfortunately not for her music but for her conservatorship. In 2008 Ms. Spears’ father was appointed conservator for her personal and financial decisions. In 2019 a professional fiduciary was appointed to take over Mr. Spears role as co-conservator while Mr. Spears dealt with reported health issues.
According toRead More
December 21, 2020 |
On December 15, 2020, Governor Andrew Cuomo signed long-awaited changes to the New York State Power of Attorney law. The changes are intended to make the power of attorney easier to use, provide a framework for acceptance or rejection of the power of attorney and clarify the power and obligations of an agent.
December 18, 2020 | |
Spending time with family is always important, especially during the holiday season. The holidays are different this year, due to the pandemic, and spending time with loved ones in skilled nursing facilities requires additional planning.
In response to recent spikes in Covid-19 cases in skilled nursing facilities, the New York Department of Health in NovemberRead More
October 19, 2020 |
The election is only weeks away, and with it is likely to come significant changes to the tax code. Many economists anticipate that, regardless of the outcome, there will likely be tax increases to reduce the federal deficit, which now stands at over $3 trillion.
Since those changes could take effect as early as JanuaryRead More
July 8, 2020 |
Community Medicaid Services will undergo a significant change on October 1, 2020, due to the passage of the New York State Budget Bill (“2020 Bill”). Although many of the changes in the 2020 Bill are subject to federal approval, this bulletin will offer an overview of what might be affected. You can take steps nowRead More
May 11, 2020 |
The Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act) is a federal economic relief package for American workers and families. It provides for payments of up to $1,200 to individuals ($2,400 for married couples) with additional payments of up to $500 for each eligible child. Financial eligibility for these payments is basedRead More
April 28, 2020 |
Colleges and universities across the country have closed in response to the COVID-19 crisis. Some have announced that they will provide pro-rated refunds for certain expenses.
If your college-age child received a refund for tuition or other education payments made through a 529 College Savings Plan (“529 Plan”), you will need to pay special attentionRead More
April 24, 2020 |
The New York State Department of Health has issued a General Information System (GIS) message clarifying the impact of COVID-19 related payments on Medicaid eligibility determinations.
The GIS confirms that pursuant to sections 2104 and 2201 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 certain pandemic-related payments will not impact MedicaidRead More
April 21, 2020 | |
The IRS on April 20, 2020, issued a special alert for non-filing Social Security or Railroad Retirement Benefit Recipients with qualifying children under 17 (“non-filers”).
In order to receive the additional $500 payment per eligible child added to the $1,200 Economic Impact Payment, non-filers must register on the IRS’ Non-Filer tool site by 12 p.m.Read More
April 8, 2020 |
New York now permits remote witnessing of certain documents and expands standby guardian designations.
Executive Order 202.14, dated April 7, 2020, amends several New York laws regulating the witnessing of documents to permit them to be witnessed remotely. On March 19, 2020 Executive Order 202.7 authorized the use of remote notary services.
Taken together, theseRead More
March 20, 2020 |
The current health crisis has highlighted the need for many people to put their affairs in order. The New York State Government is doing its part to make this easier in this era of social distancing.
Governor Cuomo, by Executive Order dated March 19, 2020, has permitted documents to be notarized via remote video conferencing.Read More
March 4, 2020 | |
Business owners are driven, focused, goal-oriented people, who have achieved success by keeping their eyes on the ball at all times. Running a successful business, however, goes beyond running a business day to day. It means having the ability to grow in strong markets, reacting to industry downturn, and most importantly, planning for unforeseen events,Read More
February 4, 2020 |
Although caring for a loved one is a privilege, being a caregiver is not easy. Without proper support, care-giving can consume nearly every moment of life.
Often caregivers shoulder the responsibilities alone, and these responsibilities generally increase over time. Caregivers often feel that asking for help means that they are not being a good childRead More
January 3, 2020 |
A new law, which took effect on January 1, 2020, will change the tax treatment of retirement savings.
The SECURE Act was signed by the President on December 20, 2019, and became Public Law No: 116-94.
The revised sections of the tax code make significant changes to the laws governing retirement savings. Many of theRead More
December 2, 2019 |
Going home for the holidays means different things to different people. If your plans involve older relatives, the holidays can provide insights that can help avoid disaster. It can be hard to know when and how to raise delicate age-related issues with your parents. How do you tell the person who taught you everything thatRead More
September 20, 2019 |
Despite the common misconception, estate planning is not only for the super-rich. At its core, proper estate planning ensures that your needs and those of your family will be met, now and in the future. A comprehensive estate plan will anticipate your lifetime needs as well as the distribution of your assets after your death.Read More
August 9, 2019 |
Things can change in the blink of an eye. A healthy pregnancy turns into a difficult delivery, resulting in developmental disabilities. Your child’s accident leaves him with a traumatic brain injury, rendering him unable to manage independently. How can you plan for your child’s future when there are so many immediate problems to contend with?Read More
July 1, 2019 |
It seems like five minutes ago you were teaching your children to play peek-a-boo, and now you’re sending them off to college. Along with laptops, textbooks and dorm furnishings, there’s one item no student should be without – a healthcare proxy.
Why might college students need this legal document, intended to help loved ones makeRead More
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