Davidov Law Group

A beneficiary is someone who receives part of an inheritance when another person dies. In many states, such as New York, the state decides who the beneficiaries will be if there is no will or estate plan. But what happens if there is an estate plan and one of the beneficiaries has passed away? New York law provides for these cases by allowing gifts to pass to the deceased beneficiary’s “issue,” or children or grandchildren.

What Is the Anti-Lapse Statute in New York?

Passing on one’s inheritance may be one of the most complicated assets of law. When a beneficiary dies, this creates a problem with how the estate is administered. If the grantor did not modify their will to reflect the beneficiary’s death, the inheritance would be passed on according to New York’s anti-lapse statute.

The anti-lapse statute allows an inheritance to be passed to the beneficiary’s “issue,” or their posterity. However, this law only applies to the grantor’s children and siblings. So, if the beneficiary is a friend or distant relative, their children will walk away with nothing.

Can I Modify My Estate Plan?

A preferable method for the testator to control how their wealth is distributed would be to modify the will or trust so the deceased beneficiary is removed. If the grantor wants the beneficiary’s children to benefit as heirs, they may include them in the will or trust. In this way, they can distribute their assets as they wish.

If you have questions about how best to provide for your loved ones after you pass away, please contact our knowledgeable estate planning attorneys. We can help create the perfect estate plan for you, including managing your plan when your family situation changes.

Should You Hire Our Estate Planning Attorneys?

Estate planning can be complicated, especially with the many changes that may arise over the years. We understand that our job as your estate planning attorney doesn’t end with the creation of the estate plan. We will be standing by, ready to help if you ever need your will and trusts modified due to death, birth, divorce, or marriage.

We have helped countless clients avoid the devastating results of having friends and family members left with nothing because of a lack of estate planning. Our founding attorneys went through a personal situation where they witnessed the catastrophic effects of someone dying without a proper estate plan. Because of their experience, they have dedicated their time and energy to helping other families avoid this terrible situation.

Call our law firm today to learn how we can help create or adjust your estate plan to meet your family’s needs. You can reach us at (516)-928-6594.

When most people think of estate planning, they imagine writing a will that indicates how to leave their possessions for their posterity. However, an equally important step is to consider how you want your medical care to be handled if you cannot express your wishes due to age, injury, or illness.

Luckily, we can create documents that prepare for such a situation. These documents include a living will and a health care proxy. Each is a valuable part of an estate plan in New York because they allow you to make decisions now about how your medical treatment should be handled, even if you become incapacitated. Contact our legal team to create the right living will and health care proxy for your needs.

What is a Living Will?

A living will offers detailed instructions on how healthcare professionals should treat you if you are injured, ill, or otherwise unable to make your wishes known. For example, you can decide whether you want resuscitation if your heart or lungs fail. You can also dictate whether you want specific treatments, such as an artificial feeding tube.

Having a living will can give you the peace of mind that your body will be treated the way you wish, even if you can’t express those wishes to doctors and medical personnel. Contact our knowledgeable estate planning attorneys for help creating your living will today.

What is a Health Care Proxy?

A health care proxy is a document that designates one person to act in your name if you become incapacitated. In this way, you can know that if critical decisions must be made, they will be made by someone you trust to act in your best interest. Many people choose a spouse, sibling, or adult child to act as their health care proxy.

Should You Hire Our Living Wills Attorneys?

If you want to include a health care proxy or living will in your estate plan, please reach out to our legal team. We have decades of experience helping clients make these critical decisions and plan for the future.

While it may seem unimaginable to need a living will or health care proxy, it can give you and your loved ones great peace of mind to know that you are prepared if and when the time comes. Please get in touch with us to learn more. We will listen compassionately to your concerns and create a plan that matches your unique goals and needs. Call today for a consultation at (516)-928-6594.

In estate planning, most people understand that having a will is essential because it outlines which heirs receive what assets from the estate. Wills are also critical because they name the estate executor and guardians for any minor children. However, sometimes wills fail.

When a will fails, this is usually because some aspect is missing that would make the will legal. For example, if the testator was under duress, was a minor under the age of 18, didn’t realize they were making a will, or didn’t leave the will in writing, this would indicate a failed will.

If your family is going through the challenging process of administering an estate with a failed will, you need excellent legal counsel. Reach out to our attorneys for help with your loved one’s failed will right away at
516-253-1366.

What Does a Will Do?

Wills are foundational in most estate plans because they name important people during the estate administration process.

Some critical roles that are indicated in the will are:

• Beneficiaries
• Estate executor
• Guardian for minor children

If your friend or family member died without a will, you might need legal help sorting out the inheritance and fate of the minor children involved. Reach out to our law firm right away for the counsel and representation you deserve.

What Happens if a Will Fails?

In most states, having a failed will or dying intestate results in the state administering the assets in a process known as probate. In probate, a judge will distribute the assets to creditors, pay down debts and taxes, and distribute the remaining funds to heirs according to the law.

While most laws and judges try to administer estates fairly, they are limited in how they may do so. For example, without a will, close friends, unmarried partners, and the decedent’s favorite charities may be left with nothing. The entire estate’s affairs will also become public knowledge because probate is a process that goes on the public record.

Should You Hire Our Wills Attorneys?

If you need help resolving a failed will or if you want to avoid probate for your loved ones following your death, you need the help of experienced wills attorneys.

At our law firm, we have helped countless clients avoid the heavy burden of going through probate while mourning their loved one’s death. We have the experience and know-how to get you through this challenging time with minimal stress and expense. Please reach out to us to speak with our compassionate and capable legal team about how we can help with your unique situation.

Call (516)-928-6594 to schedule your assessment and get the legal counsel and representation you need today!

Most people going through the estate planning process focus on their assets and who will receive the inheritance. However, what if you want to leave more behind for your children and grandchildren than physical items? In an ethical will, you can relay the life lessons you’ve learned and give the gift of family memories for future generations to enjoy after you’re gone.

Our talented legal team can help create an ethical will that is meaningful for you and your loved ones. We will listen closely to your stories, goals, and wishes to help you create the perfect ethical will. Call today to get started at 516-253-1366.

What Is an Ethical Will?

An ethical will is like leaving behind your personal story for your family members to cherish. It may include photographs, recipes, objects of personal value, stories, and life lessons. Ethical wills may also explain why you made certain decisions in your last will and testament, including who received what from your inheritance.

An ethical will can be comforting both to the person who created it and to the family members who receive it after they have passed. Contact our talented legal team for more information on how to craft the right ethical will for your loved ones.

How Do You Write an Ethical Will?

Making an ethical will can be intimidating, but it doesn’t have to be difficult. With the help of a talented estate planning attorney, you can get started whenever you are ready. Your lawyer may ask questions to prompt deep thinking about your life experiences.

Some questions you might ask yourself when making an ethical will are:

• What are some of your happiest moments?
• What are some challenges you have overcome?
• What would you like your descendants to know about lessons you’ve learned?
• What are some hopes you have for your children and future generations?
• What stories would you like to have passed on to your family?

Should You Hire Our Ethical Will Attorneys?

Creating an ethical will can take tenderness and care. If you think an ethical will would benefit your loved ones after you pass on, please reach out to us for help. We can offer guidance and counsel on how to make the right ethical will for your family members.

At our law firm, we listen carefully and compassionately to our clients’ wishes and needs so we can craft an estate plan that matches their goals. Call us today to get the personalized attention and care you deserve. Call (516)-928-6594 to schedule your assessment today!

Estate plans with trusts offer the grantor a great deal of flexibility when distributing their assets. They can choose who receives funding from the trust, including charities, family members with special needs, and even pets. You may want to create a specific kind of trust depending on your situation and goals. Feel free to call our talented legal team for more information about trusts and how they can benefit your loved ones.

Irrevocable Trust

In an irrevocable trust, your funds have the utmost protection from creditors and unnecessary taxes. These trusts can protect your home, bank accounts, and other investments. However, an irrevocable trust is very difficult to change once created. Please speak with a trusted legal representative before creating an irrevocable trust or any kind of trust.

Charitable Trust

Charitable trusts allow the grantor to leave an inheritance for their beneficiaries and provide funding for their preferred charity. These trusts offer tax benefits during the creator’s life and for family members following their death.

Special Needs Trust

A special needs trust is ideal for those who have special care needs or have a family member they wish to support who has special needs. When set up correctly, the funds from the special needs trust will not affect the individual’s qualifications for Medicaid and Social Security benefits.

Revocable Trust

Revocable trusts are powerful tools in an estate plan because they help protect the estate from probate, which can be a costly and time-consuming process. While these trusts don’t offer much protection during the grantor’s lifetime, they give the added benefit of allowing the grantor a certain amount of control over their assets. Revocable trusts may also be changed, amended, or revoked.

Irrevocable Life Insurance Trust

With an irrevocable life insurance trust (ILIT), the grantor is protected from paying unnecessary taxes on their estate if the estate exceeds federal or New York estate tax exemptions. Your beneficiaries receive their inheritance without losing so much to the state for taxes.

Should You Hire Our Estate Planning Attorneys?

If you think creating a trust may be the right course for you, please get in touch with our trusts attorneys right away. Taking the simple step today of opening a trust fund could save your loved ones a great deal of stress and money in the future.

Our law firm was founded by a husband and wife team who witnessed firsthand the devastation of a family member who died without a proper estate plan. Now, we dedicate our time and energy to helping others avoid this same tragedy. Please contact us immediately to schedule your assessment at 516-928-6594.

How Can an Irrevocable “Gifting” Trust Benefit You and Your Loved Ones?

Estate planning serves many functions, including helping your loved ones receive the funds you wish in the way you want to give them. It also protects your estate from gift and estate taxes. An irrevocable gift trust, or IGT, is an excellent tool that provides flexibility in passing on your wealth to future generations while simultaneously shielding your beneficiaries from paying too many taxes. You may even be able to access trust funds during your lifetime if your trust is set up properly.

Please reach out to our talented legal team for help understanding whether an IGT is suitable for you. We can look at your unique situation and help you determine whether you should create an IGT for the most benefits in leaving behind your legacy. Reach out to us right away for a free consultation at (516) 253-1366.

What is an Irrevocable Gift Trust?

An irrevocable gifting trust allows you to retain some control of your assets while gifting them to someone else during your lifetime. Your trust account will be managed by your chosen trustee, which could be a spouse, sibling, adult child, or close friend.

With an irrevocable gifting trust, your beneficiaries can enjoy the assets in the trust while you are still living. For example, they can reside in a house you give to them or use the funds in the trust. The trustee carries out the terms under which assets can be accessed according to your instructions. If your gift is made to your spouse, you can easily use the assets yourself.

Gifting money directly to your heirs without setting up a trust is the most straightforward method of transferring money, but it can lead to hefty taxes if you wish to make a large distribution. The IRS’s annual exclusion for gifts in 2023 is $17,000 per donee. This exclusion may be used to your advantage by properly structuring your IGT. You may transfer your desired amount of assets to the IGT, then grant each of the trust’s beneficiaries the temporary power to withdraw the maximum gift exclusion amount each year.

With careful planning, you may reduce or even eliminate the gift tax you must pay on transferring these funds, optimizing your estate’s value to your heirs.

What Are the Advantages of an Irrevocable Gift Trust?

Irrevocable gift trusts offer several advantages, including:

• Tax advantages – IGTs offer estate tax advantages because they are excluded from the grantor’s estate. They are also protected from being depleted due to income taxes since you can directly pay any taxes owed with your yearly tax payment at your personal tax rate, rather than paying them out of the trust itself at the compressed trust rate.
• Protection for beneficiaries – These trusts offer protection for your beneficiaries against creditors, divorce, and lack of financial management skills.
• Access to trust assets –The grantor may indirectly access the funds, especially if the account is gifted to a spouse. 

How Can a Gifting Trust Protect Your Beneficiaries?

Trusts are often used as a structured and safe way to pass money to people who may have difficulties managing assets on their own. If you have concerns about the capabilities of your beneficiaries to handle a large influx of cash due to their age or life situation, controlling asset distribution through an IGT may be a good choice. Because the trust owns the assets, they are protected from the beneficiaries’ creditors, court judgments, and divorce proceedings.

Your legal team can also help you structure the terms of your IGT to meet your needs. You can provide specific instructions to the trustee who is in charge of distributing the trust’s assets. These instructions may restrict what the funds can be used for or place age limits on the distribution so you can ensure the maturity of the individual before they receive funds. An experienced estate planning lawyer can help you determine what protections may be necessary to ensure the financial stability of your beneficiaries now and in the future.

What Role Can an IGT Play in Medicaid Planning?

With the costs of long-term care for older Americans rising rapidly, it is wise to begin planning for these expenses early. Without a detailed strategy in place, the price of getting quality medical care and living in a nursing home could unnecessarily and unexpectedly deplete your estate and cause financial distress for your loved ones.

Medicaid is a means-tested government benefits program that may help individuals pay for the care they require in their golden years. However, the program has very low asset and income limits.

Medicaid prevents potential applicants from giving away their assets to qualify by enforcing a “lookback” period of several years and imposing penalties and waiting periods on individuals who improperly transferred assets. Your lawyer can help you decide whether an IGT may be a better method of gifting assets to reduce the value of your estate to qualify for Medicaid without incurring these costly penalties. However, early action is crucial if you wish to build the most robust plan possible.

Can You Retain Indirect Access to The Trust’s Assets?

Irrevocable trusts have many advantages, but it is important to remember that you can no longer directly make changes to the trust or maintain control of the assets it contains. However, you can designate a trusted individual to be the trustee of the IGT. The trustee manages the trust’s assets and their distribution.

You may be able to retain some indirect influence over the IGT through your trustee and the instructions you’ve put in place for the trust. You could also make your spouse a beneficiary of the trust, so they could receive distributions of funds that could then be used for any purposes you decide as a couple.

Should You Hire Our Trusts Attorneys?

Creating a trust is an excellent way to protect your wealth, and irrevocable gift trusts are no exception. However, these documents can be complicated and should be entered into only with excellent legal counsel and representation.

Contact our law firm right away if making an IGT is a good move for your estate plan. We can help you determine the right trust for your family and will create legally sound documents that protect you and your loved ones for years to come. Contact us today to speak with our talented legal team at (516) 253-1366.

Setting up an irrevocable trust is a big decision. Unlike revocable trusts, which can be changed or amended at any time, it is difficult, if not impossible, to change the terms of an irrevocable trust once it is created. However, these documents can be highly beneficial for many individuals because of the tax benefits and asset protection they offer.

If you aren’t sure whether an irrevocable trust is right for you, please contact our legal team immediately. We can discuss your goals and analyze your situation to offer the legal counsel you need when making such important decisions. Call today for a consultation at (516) 253-1366.

What Are Some Important “Do’s” When it Comes to Irrevocable Trusts?

Some actions that are important when using an irrevocable trust are:

• Transfer assets to the trust according to the counsel from your lawyer
• Use trust funds to repair, maintain, and improve the property in the trust
• Use trust funds to pay real estate taxes and insurance
• Contact your lawyer immediately if your circumstances have changed
• Call your law firm if you want to change trustees
• Choose your trustee carefully to avoid problems with changing trustees in the future
• Reach out to your law firm immediately if the grantor of an irrevocable trust dies or becomes incapacitated

What Should I Avoid with My Irrevocable Trust?

When you have an irrevocable trust, you should NOT:

• Use trust funds to pay for personal expenses
• Use trust funds to pay for monthly bills, such as phone bills or utilities
• Use trust assets to purchase vehicles
• Gift assets from the trust to beneficiaries
• Transfer assets into the trust without consulting your lawyer
• Take gains or profits from trust assets

Should You Hire Our Irrevocable Trusts Attorneys?

Irrevocable trusts are not only for the ultra-wealthy. People from many financial backgrounds can benefit from the tax protections and flexibility that trusts offer. However, setting up an irrevocable trust can be complex, requiring much legal knowledge and experience. Making a mistake with an irrevocable trust can be costly and time-consuming as these trusts are extremely difficult to change once they are created.

If you are considering creating an irrevocable trust, please get in touch with our law firm immediately. We can help you decide if this is the right course of action for you. If you want an irrevocable trust as part of your estate plan, we will craft the document so that it represents your best interests and offers the greatest protection for your surviving family members.

Don’t delay the critical process of planning for your future by creating an estate plan. Take the simple step today of calling and setting up a consultation to speak with our talented legal team. Call (516) 253-1366 now!

There are various physical changes that happen as a person ages. Our hearing, vision, and reflexes worsen leading to an increased risk of injuries among the elderly. Not only are senior citizens more prone to injury, they are at higher risk of injury-related complications from which they will not recover.

Common Injury Scenarios

Slip and Falls are the most common injuries in people over the age of 65. They are the leading cause of hospitalizations among senior citizens. Over 90% of hip fractures are caused by a slip and fall accident whether at home or outside.

Motor Vehicle Accidents are the second most common among senior citizens. While all drivers and pedestrians are at risk of injury as a result of a motor vehicle, the percentage is significantly higher in those over 65 years of age. Motor Vehicle Accidents also come with a high risk of injury complications as older people react differently to accident trauma than a younger person.

Settlements

Plaintiffs over 65 years of age are typically receiving benefits such as Supplemental Security Income (SSI), Medicaid Assistance, Supplemental Nutrition Assistance (SNAP), Federally Assisted-Housing, Temporary Assistance for Needy Families (TANF), and Low-Income Home Energy-Assistance. Large Personal Injury settlements can disqualify senior citizens from receiving such assistance and put a stop to Medicaid and SSI.

What Are the Options

Accept the Settlement – The quickest option is to accept the offered settlement and use that money to improve the quality of care above what Medicare would provide.

Spend Down – Rather than spend the settlement money on the quality of care, it could also be spent on goods and services that benefit the plaintiff. The funds may be put towards the purchase of a house, home improvements, a vehicle, a vacation, or pre-payment for funeral arrangements.

Set up a Trust – Having too many assets disqualifies a Medicaid applicant from receiving benefits. Another option when it comes to receiving an injury settlement is to put that money into a trust to ensure the applicant qualifies for Medicaid.

Contact our estate planning attorneys to determine your best course of action when it comes to your personal injury settlement.

The terms “estate plan” or “trust funding” are typically associated with wealthy families that own large homes and larger stock portfolios. The reality, however, is that estate planning is not just for the super wealthy. In fact, estate planning is an important part of anyone’s personal and financial plan, regardless of wealth or age.

So, why is it important to have an estate plan?

Each state has its own laws regarding how a person’s assets are distributed after their death. Still, it is often the case that a decedent’s family must go through the courts to gain access to their assets. Court proceedings are time consuming and likely will not have the same outcome as the decedent may have wanted for their family. Creating an estate plan provides the ability to be clear about how to distribute assets, finances, and personal belongings.

There are a variety of options when it comes to creating your estate plan. While trusts are not the only type of option, for many people it is the best course of action to best protect their assets. Estate plans typically include a durable power of attorney, a healthcare proxy, HIPAA authorizations, and a living will. These documents authorize a person of your choosing to make medical and financial decisions should you become unable to do so. Without such documents, the courts may become involved to appoint a legal guardian.

Having an estate plan also does not necessarily mean that nothing will change. We advise that our clients review their estate plans every three at least and when there has been a major life change.

What are some of the most common reasons to review your estate?

1. Is there a new member of the family that you want to add to your estate plan?
2. Is there someone you want to remove from the estate plan?
3. Have you received an inheritance?
4. Are there new tax laws in place?
5. Are they any changes in your health?
6. Have you recently gotten married or divorced?

Creating an estate plan with the right attorney is a worthwhile investment for the future.