Many individuals who establish trusts choose to name a close friend or relative as trustee. However, there are many situations where naming a corporate fiduciary is a far better alternative. Acting as a trustee requires that the person have a good background in finance and tax. Failing that, the liability of making poor financial decisions […]
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It’s Time To Have “The Conversation” With Your Loved Ones – Today
If you haven’t had “the conversation” with your adult children, it’s time. For adult children, this is the conversation that closes a circle that began when your parents had a conversation with you about an important life event. For aging parents, this is the conversation that you may dread – but you will be giving […]
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A Lesson from World War II
On May 8, 1945 – VE Day, The Wall Street Journal published a letter to the editor from Charles B. De Chesne, of San Antonio, Texas. This letter shows how history repeats itself. Two excerpts stand out: “The frenzy of an all-powerful Executive run amok, the Utopian nightmare of a super-planner, the bloody cavalcade of […]
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NAELA News Publishes Article on CARES Act by Stephen J. Silverberg, Esq.
While protecting small businesses is the CARES Act’s primary purpose, it also contains provisions that benefit Elder Law and estate planning clients and their families. The National Academy of Elder Law Attorneys (NAELA) requested an article to explain those benefits to my colleagues in the Elder Law and estate planning bar. The article, Waiver of […]
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The NEW Go-Bag for COVID-19
For years, before the coronavirus pandemic, we advised clients to have important legal and health documents in a file or folder and to tell family members the location of the file so they were available in an emergency. The current pandemic has added a few extra dimensions to what you need to include if a […]
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Governor Cuomo Authorizes Video Conferencing to Witness Legal Documents
In an effort to help New Yorkers who are unable to be physically present to witness the execution of legal documents and to protect the health and safety of the public, Governor Andrew Cuomo has just authorized the use of audio-video technology for witnessing wills, powers of attorney, health care proxies and other estate planning […]
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Spousal Refusal Saved – But Look Back for Homecare Timeframe Shrinks
Good news for New Yorkers regarding Medicaid and Spousal Refusal – the New York State Education and Health Budget Bill is making progress through the New York State legislature. Due to the efforts of the NYS Bar Association Elder Law Section and the New York Chapter of the National Academy of Elder Law Attorneys, the […]
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Congress Waives Required Minimum Distributions
The CARES Act ( the “Act”) waives the required minimum distribution rules for certain defined contribution plans and IRAs for calendar year 2020. This provision provides relief to individuals otherwise required to withdraw funds from such retirement accounts. This also includes individuals who turned 70 1/2 in 2019 but elected to defer their initial distribution […]
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We Are Now Offering a Complementary Health Care Proxy
One of the most important estate planning documents, after a Will and a Power of Attorney, is the Health Care Proxy. This is the document that allows you to name someone to participate in discussions with your health care providers if you are not able to do so. With so many seniors being concerned about […]
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Documents in New York State May Now Be Signed Remotely – Call for an Appointment
The Law Firm of Stephen J. Silverberg is continuing to provide our clients and their families with all the services they have come to rely on us for. We are using telephone, email and video services to stay in touch with clients and members of our team. Now that the Governor of New York has […]
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