The following content is restricted to members only. Please login in order to view. If you are not a member and are interested in becoming one today click here. If you are currently logged on to the NYSBA website and still unable to access the Members Only section of the website, clear the cookies and … Continued
Contested Article 81 guardianship cases are becoming both more frequent and more litigious, straining the resources of the court system, petitioners and the alleged incapacitated persons and their estates. There is no other type of litigation where a person who has done nothing that creates any legal liability can be brought to court against their … Continued
A popular Medicaid planning strategy in the past has been transferring a home to children, while reserving a “life estate” interest on the deed. The grantor-owner would be the “life estate holder” and the children would be the “remaindermen,” becoming the outright owners upon the death of the grantor. The value of the retained life … Continued
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Receiving and distributing child support for developmentally disabled children is complicated. And it gets more complicated as a child ages into adulthood, changing their eligibility for benefits. The New York State Bar Association’s Family Law, Elder Law & Special Needs and Trusts & Estates Law sections hosted a continuing legal education course to discuss this … Continued
It’s been two years since New York’s new power of attorney law went into effect, and it’s time for a look at how it is performing under changes that were based on a proposal by the New York State Bar Association. Legislation to amend the Power of Attorney law passed the New York State Assembly … Continued
It took me five years of practicing trust and estates law to develop my own estate plan. The cobbler’s children have no shoes, right? I spent my days counseling clients on the importance of having a will and advance directives, at the very least, and could not find the time over a period of years … Continued
The following content is restricted to members only. Please login in order to view. If you are not a member and are interested in becoming one today click here. If you are currently logged on to the NYSBA website and still unable to access the Members Only section of the website, clear the cookies and … Continued
Sam Buchbauer is a Trusts and Estates attorney at the Law Offices of David A. Caraway in New York City. He will be the chair of the LGBTQ Law Section starting in June. He graduated from the Syracuse University College of Law in 2019. He also served as co-chair of the Committee on Diversity, Equity, … Continued