Retained life estates are once again protected from Medicaid claims.  A common elder law technique is for an individual to transfer the ownership of their house to their children, while keeping the right to live in the house for their life.  This is called a “retained life estate”.  At death, the house would immediately

When a Testator creates a Qualified Terminable Interest Property (QTIP) Trust or a Credit Shelter Trust under his or her Will, the Testator’s spouse is always a beneficiary of the QTIP Trust and frequently a beneficiary of the Credit Shelter Trust. The Testator will often appoint his or her spouse and another individual –

Trusts have become increasingly popular for asset protection and tax planning and yet the skills of an estate planning attorney are frequently not considered relevant when prenuptial agreements or divorce settlements are contemplated.  This misstep results in the loss of many estate and tax planning opportunities.  For example, one useful option to consider when

Retained life estates are once again protected from Medicaid claims.  A common elder law technique is for an individual to transfer the ownership of their house to their children, while keeping the right to live in the house for their life.  This is called a “retained life estate”.  At death, the house would immediately transfer

When a Testator creates a Qualified Terminable Interest Property (QTIP) Trust or a Credit Shelter Trust under his or her Will, the Testator’s spouse is always a beneficiary of the QTIP Trust and frequently a beneficiary of the Credit Shelter Trust. The Testator will often appoint his or her spouse and another individual – usually

Long considered the American pacesetter and authority for the Law of Trusts, New York in recent decades has taken a backseat to other states who have made significant strides in the modernization of these statutes.   Such improvements have forced attorney’s in New York to look elsewhere to take advantage of more consumer friendly and powerful