If someone is named the executor under a person’s will, their job is to carry out the express wishes of the decedent. Even before being formally appointed by the court, the executor should: Follow the decedent’s burial and memorial instructions. The executor may have to arrange for the funeral and burial, and will need to […]
Setting Up a Trust for Your Pet
Most people feel that their pets are members of their family. Historically, pets have been treated as personal property, but as the animal rights movement is becoming more active, the law is gradually changing.
Selling a Home? Follow These 3 Steps Before Listing
When planning to sell a home, there are a number of steps to take beforehand that will make the process smoother and less stressful.
How Can a Supplemental Needs Trust Be Used to Protect My Special-Needs Child?
Many families take care of a physically or mentally disabled child—and they worry about that child’s care once they are no longer able to be their guardian. A supplemental needs trust is a way to protect the funds of an individual without jeopardizing government benefits. There are two types of supplemental needs trusts: A first-party […]
Power of Attorney: Power in Your Hands
What is a power of attorney? When an individual sets a power of attorney, it means they have appointed a trusted person to act on their behalf regarding any non-medical decisions, such as banking transactions or selling a home, if they are unable to do so because of incompetence or physical inability. The power of […]
New York’s Family Health Care Decisions Act
The Family Health Care Decisions Act (FHCDA) went into effect in New York State in 2010. The law provides the procedure for appointment of a surrogate to make healthcare decisions for an individual who lacks the capacity to make their own decisions and who does not already have a healthcare proxy or court-appointed guardian in place. […]
Don’t Leave Your Long-Term Care in the Hands of Medicaid
Even if you eventually receive Medicaid coverage from the government, insurance is a valuable supplement to cover the cost of long-term care. At today’s rates, a nursing home can easily cost $120,000 to $150,000 a year in New York. Medicare does not cover the cost of most long-term care situations, so it becomes very difficult […]
What’s the Best Way to Transfer My Home to My Child?
When estate planning, determining the best way to transfer the ownership of a home from parent to child has many implications—especially for seniors. There are 3 ways to transfer the ownership of a home from parent to child: Outright gift Gift with a reserved life estate Gifting by trust Outright Gift The problem with an […]
The Importance of Preparing a Healthcare Proxy and a Living Will
Without a healthcare proxy in New York State, you will not be able to control who makes your healthcare decisions if you become unable to make these decisions yourself. Living wills are often confused with healthcare proxies. The difference between a healthcare proxy and a living will is that a living will gives evidence for […]
Willing or Not — You Need a Will!
By having a will, you can retain more control over the distribution of your estate. Without a will, the state you live in determines how your property is distributed. People usually start thinking about making a will when they get married and start a family, but even a single, childless person should have a will. […]
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. I invite you to contact me and welcome your calls, letters and electronic mail. Contacting me does not create an attorney-client relationship. Please do not send any confidential information until an attorney-client relationship has been established.
Robert W. Shaw is licensed in New York.
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