When the Supreme Court issued its opinion in Dobbs v. Jackson Women’s Health Organization, 576 U.S. 644 (2015), Estate Planning practitioners took note. Justice Clarence Thomas, in his concurring opinion, indicated that it would be appropriate to revisit that were decided on substantive due process rights. This led Trust and Estate attorneys to question whether Estate Planning for same-sex couples needs to change. President Biden answered the question in the negative by signing into law the Respect for Marriage Act.
For most people, one of the primary reasons to create an estate plan is to ensure that their estate is distributed according to their wishes after they are gone. Another reason is to reduce the likelihood of confusion and conflict after they are gone. If you have adult children, you undoubtedly want to do all […]
July is celebrated worldwide as Disability Pride Month. For disabled adults and parents of children with special needs, Disability Pride Month is an opportunity to learn, educate, and celebrate what makes each person living with a disability unique. To get you started, the Staten Island special needs planning attorneys at O’Reilly Law offer ways to […]
Revocable Trusts offer many great benefits for the grantor and the beneficiaries both during life and after death. Grantors or creators of the trust retain the right to amend, revoke, alter, or change the trust during their lifetime. Well-written trusts contain explicit directions regarding how the change needs to occur. A recent Michigan case explores what happens when a trust lacks that clarity.
When you contemplate your estate plan, you probably focus on how you want your assets distributed after you are gone. While ensuring that your assets are distributed according to your wishes is important, it is equally important to protect your assets while you are alive and at the time of your death to ensure that […]
When determining whether an individual qualifies for Medicaid, states impose both functional and financial tests. Functional means that the applicant must demonstrate medical need. Financial means that such an individual must demonstrate financial need. With proper planning though, it’s possible to meet the financial need prong even if assets exceed the threshold amount set by the state.
What Is a Fiduciary? A fiduciary is a person who holds a legal or ethical relationship of trust with another person or a group of people. Put another way, a fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a […]
When Bruce Willis announced his retirement from acting because of aphasia, it sent shockwaves through Hollywood and across the country. Just a few weeks ago, Bruce’s family indicated that the disease had progressed to frontotemporal dementia highlighting the importance of incapacity planning. While Estate Planning typically focuses on planning for what happens at death, a comprehensive Estate Plan includes provisions regarding what happens during life should an individual become incapacitated.
Even if you understand the benefits you gain from having an estate plan in place, it can be a daunting prospect to create a plan. The steps required to create your estate plan may seem elusive and intimidating. To help get you started, the Staten Island estate planning attorneys at O’Reilly Law offer some important […]
Securing the future for your loved one with special needs can be overwhelming. Estate planning solutions provide a path to not only ensuring their long-term care but also protecting their access to essential government benefits such as Medicaid and SSI. Estate planning isn’t solely about finances – it’s also about forging a well-planned path that […]