Estate and Elder Law

Recent Posts

The Cats Win, The Dogs Lose: Court Upholds the Validity of Pet Trust For Cats
Posted on 10 Jul 2014 by Peter K. Kelly

By Peter K. Kelly | Leonore Abels in her Will provided that her residuary pass in trust for her husband Joel Abels and, in the alternative should he predecease her, all of her property be sold, except her house, and held by the trustee to maintain... Read More

Ask Liza: Reporting Foreign Gifts
Posted on 19 May 2015 by Liza Weiman Hanks

Dear Liza: Does a person receiving a gift from a sibling in another country have to pay gift tax on that gift in the United States? In the United States, gifts are not considered ordinary income, so you don’t have to report them or pay income tax... Read More

Massachusetts Law Sets Forth Fiduciary Responsibilities For Guardians And Provides Limits
Posted on 23 Jul 2015 by LexisNexis Legal Newsroom Staff

By Honorable Jennifer Rivera Ulwick Unlike conservators, guardians do not handles finances, acting as conservators as they may have in the past when appointed as "guardian of the estate." Unless otherwise provided by the court, the guardian... Read More

Ask Liza: Who Inherits When There’s No Beneficiary?
Posted on 19 May 2015 by Liza Weiman Hanks

Dear Liza: My dad named his mother as his beneficiary, but she passed away in 2004. My dad died in 2013 but didn’t change his beneficiary. I am my father’s only child and he has no wife, so who gets the money ? When a person dies and there’s... Read More

Jennifer F. Hillman: Inheritance Rights of Posthumously Conceived Children in New York State
Posted on 10 Jul 2014 by Jennifer Hillman

By: Jennifer F. Hillman, Esq. Medical technology continues to advance at a rapid pace. Since the first “test tube” baby was born on July 25, 1978, the field of artificial reproduction has blossomed. According to the United Stated Department... Read More

Tangible Personal Property: What Does it Encompass?
Posted on 12 Jan 2015 by Jennifer Hillman

By Jennifer F. Hillman The phrase “tangible personal property” is a term of art frequently utilized by estate practitioners when drafting documents. However, what is, and what is not tangible personal property is not always clear. A recent... Read More

Creation, Execution And Revocation Of Massachusetts Health Care Proxies
Posted on 23 Jul 2015 by LexisNexis Legal Newsroom Staff

By John Dugan Massachusetts law provides for the execution, administration and governance of health care proxies. A health care proxy is a written instrument signed by a competent adult appointing another competent adult to make health care decisions... Read More

David Shulman on Estate Planning: Finding Your Digital Assets After Death
Posted on 11 Jul 2014 by David A. Shulman

by David Shulman I’ve written before about estate planning for your digital assets and online accounts. Well this article isn’t necessarily about planning , but what happens after you die – especially if you don’t plan (or even... Read More

John Dedon on Estate Planning – Staying Current
Posted on 11 Jul 2014 by John Dedon

Attached below is a July 3, 2014 Forbes article detailing the need for clients to review and update their estate plans. Now that I have been in practice for 30 years, approximately 25 percent of the legal work that I do comes from existing clients updating... Read More

Ask Liza: When does a Will Make Sense?
Posted on 19 May 2015 by Liza Weiman Hanks

Dear Liza: A friend of mine is considering a living trust. The only property he has is a coin collection maybe worth around $15,000. He has an adult daughter who he doesn’t communicate with and does not want her to get anything. He would like to... Read More

Ask Liza: Paying Capital Gains on Appreciated Assets
Posted on 25 Jun 2015 by Liza Weiman Hanks

Dear Liza, My father passed away in 2002 when the federal estate tax limit was $1million. At that time my mother chose to put their home in the Bypass Trust. She has now passed and the home is worth $1.4 million. Do we inherit tax free or pay taxes on... Read More

John G. Farinacci: Abandonment Cases in Surrogate’s Court Present Difficult Factual Issues
Posted on 18 Feb 2014 by John G. Farinacci

By John G. Farinacci Naturally, abandonment and failure to meet support obligations are two grounds upon which an otherwise lawful heir can be disqualified from inheriting in New York as in most other jurisdictions. EPTL 5-1.2. Failure to support is... Read More

Elaine Gagliardi on Proposed Treasury Regulations Clarifying I.R.C. Section 1022 Carryover Basis Rules
Posted on 28 Jul 2015 by LexisNexis Legal Newsroom Staff

By Elaine Gagliardi Proposed treasury regulations have been promulgated to clarify the interaction of the I.R.C. Section 1022 carryover basis rules with other sections of the Internal Revenue Code. In this Emerging Issues Analysis, Elaine Gagliardi... Read More