Latest News

March 10, 2025 by Davidov Law Group

Dying Without a Will in New York

Planning for the future ensures that assets are distributed according to your wishes. A will allows individuals to determine how they want their property and possessions divided after death. Unfortunately, many people pass away without a will, a situation legally referred to as dying “intestate.” In New York, intestate succession laws govern how an individual’s estate is distributed when there is no will. The consequences of not having a will can be significant and may lead to unintended consequences for surviving family members and beneficiaries.

The New York Intestate Succession Law

When an individual dies without a will, their assets are distributed according to New York’s intestacy laws. These laws prioritize family members regardless of the deceased’s wishes or relationships.

How Are Assets Distributed?

The estate is distributed according to New York’s legal guidelines when a person dies without a will. These rules determine who receives the deceased’s assets and in what proportions, ensuring that the closest living relatives inherit first. Intestacy laws apply only to assets solely owned by the deceased. Jointly owned property, life insurance policies, and accounts with designated beneficiaries bypass these laws and go directly to the named recipients.

Surviving Spouse and Children

In cases where the deceased was married and had children, the first $50,000 of the estate goes to the surviving spouse, along with half of the remaining balance. The other half is divided equally among the children. This rule ensures that the spouse and children receive financial support, but it may not reflect what the deceased would have wanted, particularly if they wished to allocate different amounts to each heir.

Surviving Spouse with No Children

The surviving spouse inherits the entire estate if the deceased had no children. This is a relatively straightforward scenario, but assets cannot be left to other relatives, friends, or charitable organizations without a will.

Children with No Surviving Spouse

If the deceased had children but no surviving spouse, the estate is divided equally among the children. The inheritance may be placed in a custodial account until adulthood if any children are minors.

Surviving Parents with No Spouse or Children

If the deceased had no spouse or children, the estate is passed on to the surviving parent(s). This ensures that the closest living family members receive the assets.

Siblings with No Spouse, Children, or Parents

The estate is distributed equally among the siblings if the deceased had no surviving spouse, children, or parents. This can sometimes lead to disputes, especially in cases where the siblings have had little contact with one another.

No Close Relatives

If no eligible relatives can be located, the deceased’s assets may pass to the state of New York. This means the state will take ownership of the estate rather than distributing it to distant relatives, friends, or charitable organizations.

Lack of Control Over Asset Distribution

One disadvantage of dying without a will is the lack of control over how assets are distributed. New York’s intestate laws may not align with the deceased’s wishes. For example, if an individual wanted to leave a portion of their estate to a lifelong friend or a charity, that would not happen under intestate succession laws.

Family Disputes and Legal Complications

Dying without a will can result in family disputes, especially when multiple heirs are entitled to a share of the estate. Disagreements may arise over how assets should be divided and who should receive specific properties or valuables.

The absence of a will may also result in expensive legal battles if family members challenge the state’s distribution plan. This delays inheritances and may reduce the estate’s overall value due to legal fees.

Guardianship for Minor Children

Not having a will can create uncertainty about guardianship for parents with minor children. A will allows parents to name a legal guardian for their children in the event of their passing. Without this designation, the court will determine who will care for the children, often defaulting to a close relative. This may not always align with the parents’ wishes or be in the children’s best interests.

Higher Probate Costs and Delays

Estate administration is a legal process that settles a deceased person’s estate. The more complex the estate, the more time-consuming and costly it can become. Without a will to give clear instructions, the court must take steps to determine rightful heirs and appoint an administrator according to state intestacy laws, which can delay the distribution of assets.

Because the estate administration process requires several steps, it can become expensive due to court fees, attorney fees, appraisal costs, and the time it takes to resolve any disputes that may occur, which can reduce the estate’s overall value. This may leave heirs with less than what they might have received if a will had been in place.

No Provisions for Unmarried Partners or Non-Biological Family Members

New York’s intestate succession laws do not recognize unmarried partners, stepchildren, or close friends. This means that long-term partners who are not legally married could be left with nothing if their significant other dies without a will. Stepchildren who were not legally adopted will not automatically inherit any part of the estate unless specifically outlined in a will.

Protect Your Legacy – Davidov Law Group Provides the Legal Help You Need!

Dying without a will in New York can leave your loved ones facing costly legal battles, long administration delays, and unintended asset distribution. Don’t let the state decide what happens to your estate! Davidov Law Group can help you create a will that ensures your assets are distributed according to your wishes. If you need to draft a will, we provide personalized legal guidance to protect your family’s future. Call 516-253-1366 for a complimentary session.

February 4, 2025 by Davidov Law Group

Who Can You Trust . . . With Your Trust?

When you set up a trust in New York or establish a power of attorney, you’ll need assistance from two parties: a Long Island estate planning attorney to help you prepare the trust, power of attorney or health care proxy and a trustee or personal agent you authorize to act on your behalf.

When you prepare a power of attorney for financial decisions or a health care proxy for medical decisions with the assistance of a Nassau County estate planning lawyer, that document gives your agent the authority to make the financial or medical decisions that safeguard your best interests and well-being.

When you set up a trust, you may act as the trustee (if you wish) for as long as you’re alive, but upon your death, the person you have named as your successor trustee assumes management of the trust. Selecting an agent or trustee may be your most important estate planning decision.

Should You Establish a Trust?

A trust is a legal and financial document that lets you select a trustee to manage your estate on behalf of your beneficiaries after your death. Your trust document specifies when and how your successor trustee will distribute your assets to your beneficiaries.

If you prepare a trust, your estate can avoid the probate process, and your trustee and beneficiaries will not have to deal with interference from a probate court. Probate is lengthy and can take a year or more. It’s also costly, and it can substantially reduce an estate’s value.

Should You Prepare a Power of Attorney?

Every adult in New York should consider having a power of attorney for financial matters and a health care proxy for medical matters. If you own a business, have a family, or if others rely on you, it is essential to have the appropriate legal documents in place.

If you become incapacitated and cannot make the decisions that must be made for you and your loved ones, a power of attorney and a health care proxy give your agents the authority to make those decisions for you and to protect your well-being and interests.

Who Should Be Your Power of Attorney Agent?

Most people name a spouse, adult child, or other family member to act as an agent or successor trustee. Others name someone who is not a family member to avoid family confrontations and tensions. Before you choose a power of attorney agent or a successor trustee, ask these questions:

Is the person you are choosing responsible and financially independent?
Is the person you are choosing on good terms with your family members?
Does the person you are choosing have the time to take on the responsibility?
Will the person you are choosing hire an accountant or attorney if necessary?

When you prepare a health care proxy or financial power of attorney, select an agent you trust to make your choices and manage your affairs if you are unable to. It should be someone you would entrust with your life because that’s exactly what you’ll be doing. Your agent should be:

dedicated to your interests
organized and good with details
comfortable working with financial professionals or medical providers

Who Should Be Your Successor Trustee?

Your trustee may be a relative, friend, lawyer, or your bank’s trust department. The choice is yours. Most people choose a friend or family member to act as a trustee, but selecting an unbiased third-party trustee – like a bank or an attorney – has several benefits.

Professional trustees are not affected by your family’s dynamics and can objectively manage your trust in the best interests of the beneficiaries. If the trustee is a bank, the bank will have abundant experience managing trusts and dealing with any issues or obstacles that may arise.

If you select a professional trustee, bring up any questions or concerns you may have about the trust administration process. Feel free to ask questions about tax implications and other issues.

What if Your Agent or Trustee Cannot Serve?

You may name the same party or different parties to act as your successor trustee, health care proxy and financial power of attorney agent. You must also name an alternate successor trustee and alternate agents for your power of attorney and healthcare proxy.

You need to name alternates because, over time, events may happen that affect the parties you’ve named as your trustee and agent. For instance, your selected trustee or agent may:

pass away before or soon after your death
become injured or ill in a way that makes fulfilling the duties impossible
marry or take on other responsibilities that make fulfilling the duties difficult
become mentally incapable of fulfilling the duties
relocate across or outside the U.S.
decide that he or she is unwilling to serve as a trustee or agent

Do You Have the Estate Plan You Need?

Estate planning is imperative for business owners, families, and anyone who wants to provide for loved ones. If you are age 18 or older and own anything of value or have children, you should have an estate plan in place, but there is no one-size-fits-all plan. Every estate plan is unique.

Estate planning is more than writing a will. In New York, an effective plan requires an experienced Long Island estate planning attorney who will help you with the creation of the necessary legal and financial documents.

Effective estate planning means making informed choices to ensure that your wishes are carried out – with minimal legal interference – after you pass away or if you become incapacitated.

Who Should Prepare Your Estate Planning Documents?

Davidov Law Group provides estate planning services to our clients on Long Island and throughout New York. A Nassau County estate planning lawyer at Davidov Law Group will address your concerns and prepare the estate plan that’s right for you and your family.

Our award-winning attorneys offer a full range of estate planning services. You can begin planning your estate now or learn more about the services we offer by promptly contacting Davidov Law Group at 516-253-1366 to schedule a free consultation with no obligation.

January 10, 2025 by Davidov Law Group

Some Vital but Basic Facts to Know About Trusts.

Simply put, a trust is a legal entity that allows you to transfer your assets and holdings to the ownership of a trustee.

A living trust can either be drafted as revocable or irrevocable. Depending on the type of trust, you can be your trustee or name another trusted relative or friend to hold that position. The trustee’s job is to assume a fiduciary role; legally, this means they are required to act only in the best interests of the trust beneficiaries.

Your beneficiaries are the family members, loved ones, or other heirs you want to benefit from your trust. For example, you could have a trust drafted to help your spouse and children.

Your trust document will be professionally drafted by an experienced and knowledgeable estate planning attorney to precisely detail how you want the assets in the trust to be managed and distributed to your beneficiaries when you die or become incapacitated. Your appointed trustee will ensure that these precise wishes are carried out.

Even if you have moderate assets and plan to pass them on, forming a trust can ensure this is done according to your wishes and make the entire process more efficient and easier to manage.

What is Revocable Trust and How Could I Use It?

A revocable living trust is, in simple terms, revocable, meaning it can be changed, altered, or even eliminated during your lifetime. A revocable living trust can be self-settled. This means that you, as the trust’s grantor, can also be its beneficiary, or it can be a third-party trust in which the beneficiary is another person. The primary benefit of this type of trust is avoiding probate at the time of death while maintaining complete control over the trust while you’re alive. Since the trust owns all your assets, they are not subject to the probate process and are distributed directly to the beneficiaries you name in the trust.

Also, a revocable living trust can protect you (as the “grantor”) against a conservatorship if you become incapacitated. The revocable trust prevents your family from going to court to obtain a conservatorship to manage your assets; your trustee would immediately assume control over the entire trust and its assets.

What is an Irrevocable Trust, and How Can It Benefit Me?

First, an irrevocable living trust cannot be changed, altered, or canceled after establishing the document. An revocable living trust becomes irrevocable when you, as the grantor, die, but an irrevocable trust cannot be changed when it’s created. It remains irrevocable throughout your life.

There are some precise cases when you can alter an irrevocable trust. For example, if you have a charitable trust, you may be able to modify its terms to comply with new federal or state tax laws.

Usually, one of the main reasons to draft an irrevocable living trust is to protect your assets from estate taxes. Because asset ownership is transferred from you (as the grantor) to the trust, you no longer have any control over these assets or holdings, and they are not considered as part of your estate when you die. Those assets and property held in the irrevocable trust will be exempt from taxation.

Additionally, an irrevocable living trust can be used quite effectively to protect your assets against debt settlement judgments or when calculating assets to determine your eligibility for specific government programs such as Medicaid or Social Security Disability.

Because you have transferred ownership of your assets to the trust, they no longer are counted as your assets. It is difficult for a creditor to obtain a judgment against an irrevocable trust. Assets held in an irrevocable trust cannot cause a disabled person to become ineligible for federal or state benefits.

You must note, though, that every financial circumstance differs and to credibly ascertain which type of trust meets your specific needs, the professional advice and guidance of a Long Island estate planning lawyer is mandatory.

What Are the Main Differences Between a Revocable and an Irrevocable Trust?

There are numerous types of trusts you can establish. For example, there are grantor trusts, A/B trusts, testamentary trusts, special needs trusts, etc. However, they all share one thing: trusts are either revocable or irrevocable.

As the grantor (the person drafting the trust), you can change or end any type of revocable trust at any time during your lifetime.

This means that you can: So that means you could:

Add or remove beneficiaries, heirs, or loved ones at any time.
Transfer more of your assets into the trust or remove assets it already holds.
Change any of the terms of the trust and how its assets should be managed or distributed.
End the trust at any time you wish.

When you die, a revocable trust automatically becomes irrevocable. At that point, its terms cannot be changed.

Any irrevocable trust is essentially “set in stone” and cannot usually be changed for any reason. When you draft an irrevocable trust during your lifetime, any assets you put into it must remain in the trust. You no longer can add or remove beneficiaries, heirs, etc., or change any of the trusts’ terms or conditions.

There are many types of irrevocable trusts, such as:

Medicaid protection trust
A qualified domestic trust (QDOT).
The qualified personal residence trust (QPRT).
Supplemental needs trusts, charitable trusts, and many more.

All types of irrevocable trusts are either testamentary trusts or living trusts. A testamentary trust is created in your will and is implemented only after you die. Since a testamentary trust doesn’t take effect until after your death, you usually can make changes until then when the trust becomes irrevocable. Also, note that this type of trust won’t transfer assets outside of probate since you (as the grantor) own the assets at your death.

I Need More Information on Irrevocable and Revocable Trusts; How Should I Proceed?

Irrevocable and revocable trusts can benefit your estate and protect your assets and your family’s financial future when you are gone, but all estates and their holdings are unique. Yours is no exception. Therefore, to rationally and prudently decide which type of trust can best serve your needs, the advice and compassionate guidance of an experienced estate planning attorney is necessary.

The primary function of any trust is to protect your estate and ensure your detailed and precise wishes are carried out after your death or incapacitation. By thoroughly discussing your assets and concerns with a professional, expert, and empathetic Long Island estate planning law firm, you can ensure whatever you decide is the right fit for you, your finances, and your family’s future.

The estate planning law team at the Davidov Law Group has a long and successful history of helping New York clients fully comprehend what a professionally drafted trust can do for them and their families and loved ones.

Call them today at 516-253-1366, and they will ensure the financial soundness of your estate and your family’s future.

December 5, 2024 by Davidov Law Group

What Is the Role of Your Executor In the Management of Your Estate?

Typically, your Executor is named in your Will and, when you die, will be appointed by the New York Surrogate’s Court when your Will is admitted to probate.
The Executor’s job is to collect all your assets, finalize all your affairs, pay taxes, debts, and claims, and, most importantly, distribute your net assets and estate following the directions you have left behind in your Will and estate plan.

This process may appear legally straightforward, but in New York State, where probate is common, various complexities are involved. Therefore, your New York State Executor has many legal responsibilities and powers when managing the distribution and settling of your estate.

In your Estate Plan, your Executor should be a trusted and skilled person who you are confident will carry out all the provisions of your Will and ensure your last wishes are precisely carried out. Appointing an executor is critical, and obtaining a New York estate planning lawyer’s skilled, experienced advice and guidance is always prudent and significantly helpful.

One vital point to remember is that your chosen Executor is appointed after your Will is admitted to probate. If you have not signed a Will, your family or friends must ask the Court to appoint an Administrator to settle your estate; something you probably do not want to happen.

Both an Executor and Administrator have a great deal of authority and responsibility when managing your estate. They must act in your heirs’ and beneficiaries’ best interests. They are your estate’s fiduciaries and have specific duties of fair dealing regarding your beneficiaries. They can never take advantage of estate assets or situations for personal benefit. So, their choice is critical to ensuring your final wishes for your family and that they follow all the challenging regulations of the New York State probate process.

What Qualities Should I Look For in An Executor to My Estate?

First, it’s clear that you always want to do the right thing regarding your family; however, that reasoning can backfire if you fail to choose the right and qualified Executor to ensure that your wishes are precisely followed.

A knowledgeable New York estate planning attorney would advise you to pick a responsible, mature, and trusted loved one, relative, friend or professional so that your wishes are followed precisely and your estate is managed with the least amount of family stress.

So, the question becomes, “Who should I choose as my executor, and why?” There are many qualities your Executor should have just; some of the most important of them are:

They must be ethical and dependable people.
They should have high organizational skills, as managing a will (or even harder, an estate) requires diligence and procedure.
They should be financially well-versed so that when family questions arise, they have the pertinent answers.
They must be fair and impartial to all family members, heirs, and beneficiaries.
They must have the time and availability to serve, as no one knows when their services may be needed is not known.
Most importantly, they must have compassion and empathy, as this is a stressful and enormously emotional time for your family, beneficiaries, etc.

It is apparent that deciding on an executor can be challenging. Drafting a will to ensure your wishes are followed and to avoid family arguments is crucial. It is best to do this with the help of an attorney and not alone.

By getting the professional advice of a local Long Island estate planning lawyer, you can be sure that the entire process will be done accurately, professionally, and with the empathy it demands.

What Are Some Crucial Requirements and Questions I Should Ask a Possible Executor?

An executor has many responsibilities and will be intimate in managing your estate after you’re gone. Therefore, many people choose a close friend or relative who thoroughly understands and respects their wishes and those of their family and beneficiaries.

While every state has rules about who may serve as executors, most states impose three basic requirements, they are:

They must be of legal age.
They should be a U.S. resident.
They cannot be legally incapacitated.

This may sound simple enough, but any experienced, qualified New York estate planning attorney will explain that there are other questions of significant importance that you should ask.

Such as:

Do they have the time and willingness to deal with all the paperwork? – Their duties involve paying bills, dealing with debtors, insurance companies, hospitals, tracking financial accounts, etc.
Do they have financial problems of their own? – An executor is charged with handling all the financial details of your estate, so choosing someone with financial competence is a smart move.
Are they able to deal calmly and reasonably with potential heirs and creditors? – An executor must be level-headed and capable of resolving possible conflicts after your death.
Are they well organized and capable of juggling several tasks? – A vast amount of paperwork is involved in settling an estate, so choosing someone with strong organizational abilities is necessary.
Are they well-versed in financial and legal experience? – This is not mandatory but will undoubtedly be a big plus. Suppose the person you choose as Executor of your estate does not have a quantified level of experience. In that case, they should work closely with a qualified, competent, and experienced estate planning lawyer who will professionally assist them in settling your affairs.

Is Choosing My Estate Planning Attorney as My Executor a Good Idea?

This option has many advantages, especially if your estate is large and complex. Unlike a loved one or family member, your estate planning lawyer is less emotionally involved in the entire process. They can remain neutral, focus entirely on their duties, and ensure your wishes are precisely followed.

Being an executor can be a complex and confusing process under the best of circumstances, especially if probate is involved.

No matter how competent, a close family member or friend may have difficulty executing their executor functions while grieving your death.

For these and many other sound reasons, many people decide to appoint their empathetic and qualified estate planning attorney as the Executor of their estate. This option provides distinct advantages and should always be a strong consideration. The New York State probate laws are complex, and all this legislation must precisely be followed, or your beneficiaries and families could suffer financially.

Your competent, experienced, and compassionate Long Island estate planning attorney has the legal knowledge and access to resources that the average person does not. Your lawyer handles these complex estate planning issues all the time, so they are in a better position to settle accounts, transfer ownership of assets, tie up other loose ends, and ensure your wishes are carried out.

I Need Help Choosing an Executor; How Should I Proceed?

Of course, every estate and familial situation differs. Still, choosing an executor you trust and who has the right qualities to carry out this critical role is essential. You should discuss this appointment with the individual beforehand and ensure they are willing to accept this crucial and demanding responsibility.

The estate planning and administration lawyers at the Davidov Law Group are award-winning lawyers who have assisted Long Island clients since 2001 in making this critical decision and professionally drafting and administering their estates.

Call them today at 516-253-1366 for a free consultation on your unique case. They will passionately and professionally help you make the best choices possible so that your family and heirs are cared for precisely as you want them to be.

November 15, 2024 by Davidov Law Group

Why is Integrating Financial Planning with Estate Planning Important?

Integrating financial planning with estate planning is a crucial step in preserving and maximizing your wealth. It’s not just about having a will or a trust; it’s about creating a thorough plan that considers your financial objectives, your family’s requirements, and the tax consequences of your choices.

In New York, the laws surrounding estate planning can be complex, and without careful planning, a large part of your wealth might be allocated to taxes rather than to your loved ones. By integrating financial planning with estate planning, you can make sure your wealth is allocated as you desire and that your family is financially supported.

What are the Benefits of Integrating Financial Planning with Estate Planning?

Integrating financial planning with estate planning offers several benefits. It allows you to have a clear and comprehensive understanding of your financial situation. This includes your current assets, liabilities, income, and expenses. With this information, you can make informed decisions about your financial future and the legacy you wish to leave behind.

Integrating these two aspects of planning can help you minimize your tax liability. In New York, estate taxes can significantly reduce the wealth you leave to your heirs. By carefully planning and making strategic financial choices, you can minimize these taxes to ensure your loved ones gain the most advantage from your estate.

This integrated approach can provide peace of mind. Knowing that you have a plan in place that takes care of your financial needs and ensures that your estate will be handled according to your wishes can provide a great deal of comfort.

What Does Financial Planning Involve?

The process of financial planning assists you in managing your finances to achieve your life goals. It involves evaluating your current financial status, setting financial objectives, and devising a strategy to achieve them. This could include saving for retirement, investing in real estate, or planning for your children’s education.

In New York, a skilled financial advisor can assist you in understanding the intricacies of the financial landscape, from understanding the tax implications of your investments to helping you plan for unexpected expenses. They can also help you understand how your financial decisions can impact your estate planning.

What are Some Strategies for Integrating Financial Planning with Estate Planning?

There are various methods to combine financial planning with estate planning. A frequently used approach involves trusts, which serve as an effective means to manage your assets while alive and ensure their distribution aligns with your wishes after passing. Trusts also offer notable tax advantages.

Another method involves investing in assets that can be transferred to your heirs without incurring taxes. In New York, certain assets, like life insurance payouts and retirement funds, can be inherited by your heirs without being subject to estate taxes.

Gifting is also a strategy that can be used to decrease the size of your taxable estate. By transferring assets to loved ones during your lifetime, you can diminish your estate’s size and potentially lower your estate tax obligations.

What are the Common Mistakes to Avoid in Financial and Estate Planning?

When integrating financial planning with estate planning, it’s important to avoid common mistakes that could potentially jeopardize your wealth preservation efforts. One such mistake is failing to update your estate plan regularly. Life changes such as marriage, divorce, the birth of a child, or the death of a loved one can significantly impact your estate plan. It’s crucial to review and update your plan periodically to reflect these changes.

Another common mistake is not considering the tax implications of your financial decisions. In New York, certain financial decisions can have significant tax consequences. For instance, the type of assets you own, how they’re held, and how they’re distributed can all impact your estate tax liability. A talented financial planner can help you understand these implications and make informed decisions.

Lastly, a common error is attempting to handle the intricacies of financial and estate planning independently. While it’s possible to do some aspects of financial and estate planning without professional help, the laws surrounding these areas can be complex and confusing. Working with an experienced attorney can help ensure that your plan is legally sound and optimized for wealth preservation.

What are the Specific Considerations for New York Residents?

For residents of New York State, there are specific considerations to keep in mind when integrating financial planning with estate planning. One of the most important considerations is New York’s estate tax. Unlike many other states, New York still imposes an estate tax on estates exceeding a certain value. This can significantly impact the amount of wealth you’re able to pass on to your heirs.

Another consideration is New York’s laws regarding wills and trusts. New York has specific requirements for creating a valid will or trust, and failing to meet these requirements can result in your will or trust being declared invalid. This could potentially result in your assets being distributed according to New York’s intestacy laws, rather than according to your wishes.

New York residents should also consider the potential impact of the state’s probate process on their estate. Probate can be a lengthy and costly process, and it can significantly reduce the amount of wealth you’re able to pass on to your heirs. However, with careful planning, it’s possible to avoid probate and ensure that your assets are distributed according to your wishes.

Integrating financial planning with estate planning is a complex process that requires careful planning and experienced guidance. If you’re in New York, and need help with this process, call Davidov Law Group today at 516-253-1366 for a free consultation.

September 25, 2024 by Davidov Law Group

America is a country of immigrants. Since its very beginnings, we have welcomed those fleeing persecution and seeking a new life. One of our most iconic treasures, the Statue of Liberty, is an ode to the people who have chosen the U.S. as their home. While America opens its arms to all people, the path to citizenship can be long. To ensure the country’s security and stability, becoming a U.S. citizen is an involved process that can take many years.

Because America is welcoming to those from other countries, people are allowed to live and work in the U.S. while they work towards citizenship. During this time, non-U.S. citizens may become the beneficiaries of wills or living trusts. Non-U.S. citizens may also make their own wills and trusts. If you or a loved one is a non-U.S. citizen who has either been named a beneficiary in someone else’s estate plan or if you are planning on making your own, it is vital to understand your rights under the law.

What is Estate Planning?

Estate planning is the process of determining how assets and other concerns will be dealt with when a person comes ill and/or passes away. Estate plans attempt to cover all of a person’s legal and financial concerns. Things addressed in an estate plan can include:

Medical Directives
Power of Attorney
Inheritance of Property and Money
Custody of Minor Children
Wills
Living Trusts

An estate plan lays out a course of action. It can transfer power of attorney to a loved one or trusted individual to take care of financial concerns. It can also list medical directives for an individual’s care, particularly when one is unable to make those decisions themselves. Estate plans can also establish who will obtain custody of minor children. They can also include living trusts and wills. Living trusts are an arrangement in which a living person transfers responsibility of assets to a trustee. This trustee will then be responsible for distributing those assets. A will is different from a trust. It contains instructions for distributing assets after a person’s death. A will can also contain instructions for funerals or burials and other specific information not covered elsewhere.

Someone does not have to be a U.S. citizen to be named as a beneficiary in a will or trust. The United States allows people to distribute their personal property to anyone they wish. The law also allows non-U.S. citizens to be executors of wills, as long as they reside in the same state where the will applies. This means non-U.S. citizens can inherit property from U.S. citizens. It also means non-U.S. citizens can be involved in different stages of the estate planning process.

Who are Considered Non-U.S. Citizens?

A non-U.S. citizen is anyone who does not hold U.S. citizenship. The majority of people currently residing in the United States qualify as citizens. This is because according to the 14th Amendment, anyone born in the U.S. automatically becomes a citizen.

People who come to the United States fall into different categories. While there are many sub-types of immigrant status, they broadly fall into one of three categories:

Lawful Permanent Resident (LPR)
Nonimmigrant
Undocumented Immigrant

Lawful permanent residents are people who have applied to live and work on a long-term basis in the United States with the intention of becoming citizens. They receive a document called a Green Card. This allows them to receive certain benefits such as Social Security and Medicare.

Nonimmigrants are people who have come to the United States intending to live and work here but who may not be seeking citizenship status. There are more than forty types of Nonimmigrant.

Undocumented immigrants are those who have entered the United States but not gone through the legal process of being recognized as immigrants. Undocumented immigrants may not be able to work legally in the United States and may face other difficulties.

How Does Citizenship Status Impact Estate Planning?

People living in the United States are subject to U.S. inheritance laws. These laws can vary depending on the legal status of the person who is inheriting money or property.

Although non-U.S. citizens can inherit wealth and property, they may be subject to certain penalties. For example, a U.S. citizen can leave their citizen spouse any amount of money in a will. A non-U.S. citizen may be subject to certain taxes and penalties that reduce the inherited amount.

Non-citizens may also run into difficulties when it comes to estate taxes. Estate taxes are taxes paid on inherited wealth. The estate tax as of 2024 is 40%. Currently, U.S. citizens inheriting wealth are exempt from taxes on the first $12,920,000. Non-U.S. citizens are only exempt from taxes on the first $60,000. This means if you are a non-U.S. citizen inheriting any amount of money over $60,000, you will have to pay a 40% tax. This means you could lose almost half of the amount you might inherit.

Many of these taxes and penalties can change depending on a non-U.S. citizen’s category status. For example, a Lawful Permanent Resident may not be penalized as much in taxes as a nonimmigrant. There are some ways a non-U.S. citizen can avoid certain taxes and penalties. If a non-U.S. citizen is married to a U.S. citizen, they can set up a Qualified Domestic Trust (QDOT). This is a special type of trust for spouses. The QDOT allows the citizen spouse to leave money and property to the trust instead of their spouse directly. The non-citizen spouse is the named beneficiary of the trust. This allows the non-citizen to collect assets from the trust when the citizen spouse passes away.

How Should I Handle Estate Planning if I am a Non-U.S. Citizen?

Estate planning already involves many complex laws that are difficult for U.S. Citizens to understand. These laws only become more complicated when non-U.S. Citizens become involved. If you or a loved one’s estate plans involve a non-U.S. citizen, don’t hesitate to contact the law offices of the Davidov Law Group. We’re located at 1981 Marcus Avenue, Suite 231 New Hyde Park, NY 11042, one mile West of Clinton G. Martin Park and two-and-a-half miles South of North Shore University Hospital.

Our dedicated attorneys are highly experienced in the complicated world of estate law. We know all of the difficulties faced by non-U.S. citizens inheriting wealth and are experienced in making sure you and your loved ones collect everything you’re entitled to. Our flat-rate pricing means there are no hidden or surprise fees. You don’t even have to pay us until after we’ve settled your case and gotten you everything you deserve.

We have a deep compassion for non-U.S. citizens and want to make sure their legal rights are respected. If you or a loved one have concerns about estate planning involving a non-U.S. citizen, contact the Law Offices of the Davidov Law Group right away at 516-253-1366 or email us for a free consultation. Immigration status shouldn’t be a roadblock to inheriting what’s rightfully yours.

May 9, 2024 by Davidov Law Group

How Can I Incorporate Philanthropy into My Estate Plan?

Incorporating philanthropy into your estate plan can be an excellent way to leave a lasting legacy and support causes you care about. In New York, there are several ways to do this. One common method is through a bequest in your will or trust. A bequest is a gift of money or property that you leave to a person or organization in your will. You can specify a certain amount of money, a percentage of your estate, or a particular asset to be given to your chosen charity. Another option is to establish a charitable trust. This is a type of trust where a portion of the trust’s assets are used for charitable purposes. The remainder of the trust’s assets can be distributed to your heirs. Charitable trusts can offer significant tax benefits, but they are more complex to set up and manage than simple bequests.

What Are the Tax Benefits of Including Philanthropy in My Estate Plan?

Including philanthropy in your estate plan can provide significant tax benefits. Charitable contributions made through your estate plan are generally deductible from your gross estate for federal estate tax purposes. This can significantly reduce the amount of estate tax that your estate may owe. For example, let’s say you have an estate worth $5 million, and you leave $1 million to charity. Your taxable estate would be reduced to $4 million, potentially saving thousands of dollars in estate taxes. However, the tax benefits of charitable giving can be complex, and the rules vary depending on the type of gift and the type of charity. It’s important to consult with an experienced attorney to understand the potential tax implications of your charitable giving.

What Are Some Considerations When Choosing a Charity for My Estate Plan?

When choosing a charity to include in your estate plan, it’s important to do your research. Not all charities are created equal, and you want to ensure that your gift will be used effectively and in line with your values. Consider the charity’s mission and whether it aligns with your own goals and values. Look at the charity’s financial health and how it uses its funds. There are several online resources that can help you evaluate a charity’s effectiveness and financial health, such as Charity Navigator or the Better Business Bureau’s Wise Giving Alliance. Also, consider whether the charity is a qualified organization for tax purposes. In general, only gifts to qualified organizations are tax-deductible. Your attorney can help you determine whether a particular charity is a qualified organization.

What If I Want to Support a Cause but Don’t Know Which Charity to Choose?

If you want to support a cause but aren’t sure which charity to choose, an experienced attorney can help. They can provide guidance on how to evaluate charities and choose one that aligns with your goals and values. One option is to set up a donor-advised fund. With a donor-advised fund, you can contribute to the fund and receive a tax deduction now, and then recommend grants to charities over time. This can give you time to research and choose the charities you want to support.

Alternatively, you could contribute to a community foundation or a field-of-interest fund. These organizations support a variety of charities in a specific geographic area or field of interest. Regardless of the specifics, an experienced attorney can provide valuable guidance and ensure that your plan is legally sound and aligns with your goals.

What If I Want to Change My Philanthropic Goals in My Estate Plan?

It’s not uncommon for your philanthropic goals to evolve over time. Perhaps you’ve become passionate about a new cause, or you’ve learned more about a charity and want to adjust your support. Fortunately, your estate plan isn’t set in stone and can be modified to reflect your current wishes. If you’ve made a bequest in your will, you can change it by creating a new will or adding a codicil, which is a legal document that amends your existing will. If you’ve set up a charitable trust, you might be able to change the beneficiary charity, depending on the type of trust and its terms. However, changing your estate plan can have legal and tax implications, so it’s important to consult with an experienced attorney. They can help you understand the potential impacts of the changes and ensure that your new plan aligns with your current goals and complies with New York law.

How Can an Experienced Attorney Help with My Philanthropic Estate Planning?

Incorporating philanthropy into your estate plan can be complex, and it’s important to get it right. An experienced attorney can help you understand the different ways to include philanthropy in your estate plan and the pros and cons of each option.

They can help you set up a charitable trust, if that’s the right option for you, and ensure that it’s properly managed. They can also help you understand the tax implications of your charitable giving and ensure that you’re maximizing your tax benefits. In addition, an attorney can help you choose the right charity and ensure that your gift is used in the way you intend. They can help you draft a gift agreement that specifies how your gift should be used and what happens if the charity doesn’t follow your instructions. Incorporating philanthropy into your estate plan is a significant decision that can have lasting impacts. It’s important to get it right, and an experienced attorney can provide the guidance and expertise you need.

If you’re considering including philanthropy in your estate plan, call The Davidov Law Group today at 516-253-1366.

February 12, 2024 by Davidov Law Group

What Does a Health Care Proxy Do?

The circumstances of your life can change rapidly. When faced with a medical emergency, a terminal illness, or cognitive decline due to advanced age, you may find yourself unable to make your wishes known regarding your medical care. Utilizing a health care proxy to assign an agent familiar with your preferences for medical and end-of-life treatments can ensure that you will always be cared for in the way you want.

The agent you designate only assumes the role of legal decision-maker for all your medical care needs if your doctor determines you have become incapacitated and cannot make your own decisions. Your health care agent is not responsible for paying for your medical bills, and they are not tasked with overseeing your finances. Their role is solely to evaluate your medical situation and make the treatment decisions they believe are in your best interests.

Acting as an agent can be a heavy responsibility. Your first choice of agent may be unable or unwilling to fulfill their duties due to illness, injury, unfitness for the position, or other factors. Selecting one or more alternate health care agents ensures you have a trusted individual to make choices on your behalf if the worst should happen. A knowledgeable New York health care proxy lawyer can help you draft a clear and detailed document to designate your agent(s) and outline your treatment preferences so you and your loved ones have the peace of mind you deserve.

How Do You Designate Health Care Agents?

The documents you put in place to guide your future medical care if you cannot do so on your own are known as advance directives. These documents can include a living will, a Do Not Resuscitate Order (DNR), and a health care proxy. A New York health care proxy form can be used to appoint your health care agent and alternates. It can also provide further details about your treatment wishes if you choose. The document does not need to be notarized. However, to make it legally enforceable, you must sign it in front of two adult witnesses. After creating the document, you should provide your doctor with a copy to place in your medical record and give copies to your chosen agent(s) and lawyer.

When Can an Alternate Health Care Agent Take Over From the Designated Agent?

Your first choice of health care agent will automatically be given the ability to access your medical information and direct your treatment upon a doctor’s assessment that you are no longer capable of making your own decisions. This individual will continue to have this responsibility until your recovery or passing. Your alternate agent will only be empowered to make health care decisions for you under certain circumstances, including:

The unavailability or unwillingness of the original agent to act, with confirmation in writing by your doctor.
Disqualification of the first-choice agent by the court.

You can also use your health care proxy document to specify situations where you would like your alternate agent to assume the right to act. For example, you may wish to appoint a secondary agent in the event your first choice is living outside the state or country. This detail could prevent untimely delays in treatment decisions and reduce the stress on your loved ones. However, wording the proxy carefully and clearly with the assistance of a skilled lawyer is vital to avoiding confusion and family disagreements during an already difficult and emotionally charged time.

What Should You Consider When Picking Someone to Act as an Agent or Alternate?

Your agent and alternates must be competent adults whom you trust to make potentially difficult medical decisions on your behalf. Many people appoint their spouse, adult child, other relative, lawyer, or close friend to serve as an agent. You should feel comfortable discussing your end-of-life and palliative care wishes with this person so they understand your preferences and can act accordingly. You may also choose to include clear instructions in your health care proxy or draft a separate living will to ensure there is no ambiguity about your stance on certain treatments and situations, such as feeding tubes, life support, and organ donation. This information can help guide your agent when they are faced with challenging decisions.

The potential agent’s tolerance for discomfort or conflict should also be considered if you have close family members with strong opinions that differ from your personal preferences. You will want to appoint someone who will always act in your best interests despite outside pressures. Some individuals may not want to take on this role for a variety of reasons, so it is crucial to discuss your plan with the potential agent prior to drafting your health care proxy to make certain they are willing and able to act when necessary.

Can You Make Changes To Your Proxy?

You can always change your health care proxy by completing a new form. It is highly recommended to review your proxy every few years and after major life events, such as a divorce, marriage, or diagnosis of terminal illness, to be sure it still meets your needs. If you appointed your spouse as your health care agent or alternate, that designation is automatically canceled upon divorce or legal separation. If you want that individual to continue serving in that capacity, you must create a new document stating your decision.

How Can Our Legal Team Help You Protect Your Health?

Planning for your future health needs is essential at any stage of your life. Drafting a health care proxy as part of an overall estate plan can be a compassionate gift to your loved ones. By appointing a trusted and well-informed individual to act for you when you are unable to direct your own care, you can prevent unnecessary stress and painful family disagreements while making certain your preferences are honored.

An experienced lawyer from Davidov Law Group can help you ensure that your health care proxy covers all eventualities and gives clear guidance regarding your values and wishes to your agent and alternate(s). We aim to build strong, lasting relationships with our clients and ensure their plans adjust and grow as their lives change. To learn how we can serve you, contact our law firm today at 516-253-1366.

September 17, 2023 by Davidov Law Group

What is Nursing Home Medicaid?

Nursing Home Medicaid is an all-encompassing program for older adults that covers all Medicaid services. Examples such as lab work, hospital stays, prescriptions, adult day care, and more are all part of the Medicaid program.

It’s important to discuss your options regarding your estate and your healthcare with an experienced local attorney. They are trained to help clients like you and your families prepare for the future. Each chapter of our lives will bring different circumstances, and it’s best to plan for each of them.

How Does New York Help Their Elderly Population?

Each state has a plan in place for our elderly loved ones. Programs are available if applicable, and you can choose the path that works best for you and your family as you approach your elderly years.

New York State has many programs and services that may interest you as you approach this stage of your life, including medical and non-medical assistance at home and after moving to a nursing home. Work with your competent lawyer to determine what is best for you and ensure you are eligible.

Am I or My Loved Ones Eligible for Medicaid?

When working with your trusted attorney, you can explore your options and ensure you can take advantage of the benefits available. As eligibility is primarily based on income and resources, you must have a solid plan in place if you wish to be eligible for Medicaid and other programs. By strategically handling your assets ahead of time through the help of an experienced estate planning attorney, you can set yourself up now for success in the future. For you and your family.

Protecting your assets and how they are accessible may make the difference you need to be eligible for benefits. There are several ways to achieve this, and you can work through the options and decide what is best for you and your family.

Plan Well In Advance

Nursing Home Medicaid typically includes a five-year look-back period regarding assets. This can mean that if you waited until just before the nursing home age to transfer assets, they can look back at those assets or transactions and impose penalties.

This is why you must plan well in advance for your later years and have an effective strategy to protect yourself, your loved ones, and your assets. Maybe a trust is necessary to hold and protect your assets and ensure that they aren’t factored into your eligibility requirements for Medicaid. Maybe there is another strategy that, based on your situation, works best for you. Your experienced and professionally trained attorney is there to assist you.

What Income is Included?

Most sources of income will be counted towards your eligibility equation for Medicaid. Income such as wages, alimony payments, annuity payments, Social Security Income, Social Security Disability Income, and IRA distributions may all count as income resources.

If you are married, and your spouse will remain in the home, also referred to as a “community spouse,” their income is not counted, and they have a certain level of protection to keep them from being impoverished. This protection is typically in the form of a Monthly Maintenance Needs Allowance, or the state of New York; it’s called Community Spouse Monthly Income Allowance. This monthly limit allows the spouse entering the nursing home to transfer some or maybe all of their income to the community spouse, so it doesn’t count toward their income for Medicaid eligibility.

However, if your spouse makes more than the limit (set by each state), you may not be able to utilize this option. Speak with your attorney to fully understand the limitations and how to proceed.

What Assets Are Included?

Nearly all of your assets will be factored into the eligibility equation, making planning and protecting them imperative. Assets such as cash, stocks, bonds, vacation homes, all bank accounts, and investments will all be considered.

Generally speaking, your house, car, personal belongings, burial funds (planned and designated) up to a certain amount, and life insurance up to a certain amount are not included in your assets as eligibility. Most IRAs or 401Ks in payout status (or dispersing the Required Minimum Distribution) are exempted from the included assets.

How Can I Ensure That I Am Eligible?

By working with an estate planning attorney and going through all of the options that you have available to you, you can formulate a solid plan that you and your family can rely on. For example, maybe you choose to spend down some of your assets so that they aren’t standing in the way of you benefiting from Medicaid in the future. Maybe you rearrange some assets to achieve the same outcome.

Changes in the system occur often, and the look-back period may be changing soon, which can mean that planning in advance can look differently than it does today. Don’t miss eligibility by a small amount and deny yourself all the programs and services available simply because you didn’t plan.

Call our office today at (516) 253-1366 to get started. We will sit down and go through all of your assets, discuss what options would be best for you, and then work with you to put an effective strategy in place. Your legacy is important. Your family can continue to be provided for later in life and even after you are gone with effective planning.

We look forward to serving you and your loved ones at this important stage of your life.

What Are the Implications of Not Having a Will in New York?