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Estate Planning for College Students: The Legal Documents Every 18-Year-Old Needs Before Leaving Home

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Why Every Parent Should Think About Estate Planning Before College Move-In Day

— The weeks leading up to college are filled with shopping trips, dorm room checklists, meal plans, and emotional goodbyes. Parents spend countless hours making sure their child has everything they need to succeed away from home. Yet one of the most important items rarely makes the packing list.

Once your child turns 18, they become a legal adult. That birthday changes much more than whether they can vote or sign contracts—it changes your legal authority as a parent.

Many parents are shocked to learn that if their 18-year-old is hospitalized after an accident or becomes seriously ill, doctors may not be able to discuss their condition with them or allow them to make medical decisions unless the proper legal documents are already in place.

The good news is that this problem is entirely preventable.

As an estate planning attorney, I believe every family with a college-bound student should have these documents completed before move-in day. That’s why our office prepares these essential estate planning documents at no cost for our clients’ college students.

Turning 18 Changes Everything Legally

One day you’re signing permission slips. The next day, your child is legally responsible for making their own medical, financial, and educational decisions.

Parents often assume that because they pay tuition, provide health insurance, or claim their child as a dependent, they automatically retain legal authority during an emergency. Unfortunately, that isn’t how the law works.

At age 18, your child becomes the only person legally authorized to:

  • Make healthcare decisions
  • Access medical records
  • Authorize treatment
  • Manage financial affairs
  • Control who may receive educational information

Without proper planning, parents can find themselves unable to help during one of the most stressful moments of their lives.

Imagine This Scenario

Your daughter is away at college several states from home. Late one evening, you receive a phone call that she has been involved in a serious automobile accident. You immediately travel to the hospital.

But when you arrive, the medical staff explains that because your daughter is an adult, they cannot discuss her condition or allow you to make medical decisions unless you have legal authority. You’re already in shock, but this makes it even worse. You are her parent, you argue, of course you should be the one making decisions, not the doctor.

Yet legally, none of that matters. Without the proper documents, healthcare providers must follow privacy laws and wait for your child to make decisions herself—if she is even capable of doing so.

This is exactly the situation estate planning is designed to prevent.

The Three Essential Estate Planning Documents Every College Student Needs

1. Healthcare Power of Attorney (Healthcare Proxy)

A Healthcare Power of Attorney allows your child to appoint someone—typically a parent—to make medical decisions if they become unable to communicate or make decisions for themselves.

This document can allow you to:

  • Speak with physicians
  • Discuss treatment options
  • Authorize procedures
  • Transfer your child between medical facilities
  • Make critical healthcare decisions during emergencies

Without it, hospitals may have to seek court intervention before someone can legally act on your child’s behalf.

2. HIPAA Authorization

Many parents assume doctors will automatically share information with them. Federal privacy laws say otherwise. The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of medical information.

Without a signed HIPAA Authorization, healthcare providers may refuse to discuss:

  • Medical diagnoses
  • Test results
  • Medications
  • Treatment plans
  • Hospital status

Even something as simple as asking, “How is my son doing?” may not receive an answer.

A HIPAA Authorization gives doctors permission to communicate with designated family members. It does not take away your child’s rights—it simply allows communication when it matters most.

3. Durable Financial Power of Attorney

Medical emergencies often create financial problems. If your child is unable to handle financial matters temporarily, someone may need authority to:

  • Access bank accounts
  • Pay rent
  • Handle tuition issues
  • Manage insurance claims
  • Sign financial documents
  • Deal with government agencies

A Durable Financial Power of Attorney allows a trusted person to step in if necessary.

Although many parents initially focus on healthcare documents, financial authority can become equally important during a prolonged illness or serious injury.

Students Going to College Out of State Need Additional Attention

Many students attend college hundreds—or even thousands—of miles from home. Parents should make sure their estate planning documents comply with the laws of the state where their child attends school.

Although many states recognize properly executed documents from other states, requirements can differ, and reviewing the documents before departure provides added peace of mind. An experienced estate planning attorney can help ensure the documents are effective wherever your student will be living.

Don’t Forget FERPA

Medical privacy isn’t the only law parents need to understand. The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records.

When students turn 18 or enroll in a college or university, the rights previously held by parents transfer to the student.

That means colleges generally cannot discuss grades, academic standing, disciplinary matters, financial aid issues, or student records. Even if you are paying for their college experience, you have no rights here. But there is a solution .

If your student wants you to have access, they should complete the school’s FERPA Release or Student Consent Form through the registrar’s office. Every college has its own process, so this should be completed before classes begin.

Other Important Planning Parents Often Overlook

Estate planning is only one piece of preparing a young adult for independence. Here are several additional steps every family should consider before move-in day.

Review Health Insurance Coverage

Confirm:

  • The nearest in-network hospital
  • Coverage in another state
  • Prescription benefits
  • Mental health services
  • Emergency transportation coverage

Knowing these details ahead of time can save valuable time during an emergency.

Make Sure Emergency Contacts Are Updated

Students should update emergency contacts with:

  • The college
  • Student housing
  • Healthcare providers
  • Health insurance carrier

Cell phones should also have emergency contacts listed using the Medical ID feature.

Discuss Medical History

Your child should know their current medications, allergies, contact information for their primary care physician and any relevant family medical history. This information may be needed unexpectedly, so they should maintain hard copy and digital information including health insurance cards, their Driver’s license, student ID, emergency contacts, and estate planning documents.

Have the Difficult Conversation

No one wants to discuss the possibility of bad things happening, but parents and children should have conversations about their wishes in case of a serious end-of-life situation. This is a part of adulthood, for the children and their parents.

Peace of Mind for Parents—and Students

No one wants to imagine receiving that late-night phone call, but emergencies happen every day. Having the proper legal documents in place can mean the difference between being actively involved in your child’s care and sitting helplessly in a waiting room while medical decisions are made without your input.

For many families, these documents are among the most important graduation gifts a parent can provide.

Our Gift to Clients’ Families

At our firm, we believe protecting the next generation begins as they begin adulthood. That’s why we prepare these essential estate planning documents at no cost for the college-age children of our estate planning clients.

It is our way of helping families protect the people they love during one of life’s biggest transitions. If your son or daughter is preparing for college—or has already turned 18—now is the perfect time to put these protections in place.

Hopefully, you’ll never need them.

But if you do, you’ll be grateful they were signed before move-in day.

Ready to protect your college student? Our clients are invited to contact our office today to schedule a complimentary estate planning appointment for your college-bound child and make sure your family is prepared before the semester begins.

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You Moved To Florida. New York Didn’t Get The Memo.

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For many affluent New Yorkers, the ideal retirement blueprint is straightforward: establish a primary residence in sunny, tax-free Florida while keeping a smaller property in New York—a city condo or a house in the suburbs to maintain a foothold for family visits and theater weekends.

On paper, the strategy seems flawless. Florida has no state income tax, so you register to vote there, obtain a Sunshine State driver’s license, and assume your tax exposure to Albany is zero.

Unfortunately, if you keep any New York residential property for personal use, you may be walking into an aggressive tax trap. As New York tax authorities continue to ramp up residency audits, what may have worked in the past to keep your assets out of New York State’s taxing hands is no longer enough.

What is the 183 Day Rule About New York State Taxes?

The most common piece of casual advice among retirees is: “Just spend 184 days in Florida, and New York can’t touch you.” Having navigated the complexities of both New York and Florida law for more than four decades, we are very often the ones to tell clients that this is not the entire picture.

New York State uses two separate tests to determine whether you owe income tax. Failing either test results in you being taxed as a full-year, full-time resident:

  •  The Domicile Test: This looks at where your true, permanent “home” is. New York auditors evaluate active business ties, where your family is located, where you keep your “near and dear” items (such as family heirlooms and photo albums), and how you spend your time.
  • The Statutory Residence Test: This is the main pitfall for snowbirds. If you maintain a “permanent place of abode” (a year-round residence for your use) anywhere in New York and spend more than 183 days—or even part of a day—within the state’s borders, you are considered a statutory resident.
  • The Geographic Trap: Many retirees wrongly think this rule applies only to Manhattan apartments to dodge New York City income taxes. In reality, it doesn’t. Whether your remaining property in New York is a city co-op, a house in the suburbs or a cabin in Hudson Valley, Albany views it as your permanent residence. If you keep that property and spend more than 183 days in New York State, you owe state income tax on all your income for the entire year.

Changing your domicile involves more than just checking off boxes.

Although obtaining a Florida driver’s license, registering to vote, or opening a local bank account are important steps, New York auditors look at the bigger situation. They want to see whether Florida has truly become your main residence or whether you still consider your primary home to be in New York, with only a second residence there. Every decision, from where you get your mail, attend religious services, belong to community groups, and celebrate holidays to where your closest relationships are, shapes this story.

What Does a Residency Audit Look Like?

The financial impact of losing a NYS residency audit can be significant, involving hefty back taxes, penalties, and interest. Owning property in New York State means you have a higher risk of audits in addition to the famously expensive costs of living in New York State. It’s not a place for people trying to minimize tax savings.

This isn’t just theoretical. The New York State Tax Appeals Tribunal regularly rules against taxpayers who made the mistake of believing that formal paperwork could outweigh actual connections to the state, emphasizing that the state’s tax enforcement extends throughout New York. A recent analysis from The Wall Street Journal highlights how dividing time between New York and Florida can quickly lead to unexpected residency conflicts.

New York auditors do not rely on your memory. During an audit, they routinely request:

  • Cell phone location data.
  • Credit and debit card transaction histories showing where purchases were made.
  • E-Z Pass records, flight manifests, and smart-home device logs.
  • Airline tickets. Not surprisingly, purchasing a round-trip ticket from New York to Florida can be cited as evidence that you never truly intended to leave New York permanently.

While no single fact is determinative, auditors evaluate all evidence collectively, such as a Florida driver’s license, voter registration, Florida bank statements, and membership records to determine your true residence. Preparing comprehensive documentation can strengthen your case during a residency audit.

How to Successfully Secure Your Florida Tax Advantages

If your goal is to genuinely relocate your tax domicile to Florida and protect your estate from unnecessary state taxation, proactive planning is essential. Our office has guided many clients along this careful path, ensuring they feel empowered and confident in their legal compliance.

1. Structure Your Real Estate Correctly

The cleanest way to avoid the statutory residence trap is to sell the New York property and stay in hotels or short-term rentals when visiting family.

If you choose to keep the property, there are ways to structure ownership that comply with New York law. It must be converted into a legitimate, arm’s-length investment by leasing it to an unrelated third-party tenant under a lease that leaves you with no right to personal use. Allowing a child or relative to live there rent-free will not shield you from an auditor.

However, there are planning techniques that allow the property to remain under family control without jeopardizing the move to Florida.

2. Move the “Center of Your Universe”

To pass the Domicile Test, your primary life must center on Florida. This includes shifting your primary banking relationships, primary care physicians, joining Florida clubs and community organizations, moving valuable personal belongings, and filing for Florida’s Homestead Exemption.

Small details often reveal more than major actions. While many focus on buying a home in Florida or obtaining a Florida driver’s license, they often overlook smaller but important indicators of their true residence. The address where bank statements are sent, the location of a safe deposit box, membership in a country club or religious group, and the location where family photos and heirlooms are kept can serve as evidence during a residency audit. While each detail may seem minor on its own, together they form a clear picture of one’s actual place of residence.

3. Update Estate Planning Documents to Reflect Your Home State

One of the most overlooked factors in a domicile audit is the location of your legal planning. Keeping New York-based wills, trusts, and powers of attorney tells an auditor you still consider New York your legal home.

Update your estate plan to align with Florida law. Many newcomers also submit a Florida Declaration of Domicile.

While no single document can conclusively prove residency, taking these steps together indicates that your move is meant to be permanent, not temporary.

When New York auditors review your change of domicile, they often assess your professional connections. Consulting your experienced New York attorney for legal planning may indicate that your primary ties remain in New York. Conversely, engaging licensed professionals in Florida clearly indicates that your legal and financial matters have shifted there.

Don’t Underestimate Recordkeeping

One of the smartest habits a new Florida resident can adopt is keeping excellent records. There are many apps that can help you.

Maintain a contemporaneous travel calendar, save airline itineraries, retain E-Z Pass statements, and preserve other documentation showing where you spent your time throughout the year. If New York questions your residency years later, these records may prove invaluable. Because New York generally counts any day spent in the state, even partially, toward the 183-day threshold, careful documentation can be the difference between successfully defending your Florida domicile and facing an unexpected tax bill.

Proactive Planning Protects Your Legacy

The greatest mistake a retiree can make is assuming that living in Florida for more than 183 days absolves them of tax obligations. Establishing Florida as your domicile requires more than a single document or simply spending more time there. It demands ongoing coordination of your financial, legal, personal, and family affairs to reflect your intention to make Florida your permanent residence.

My commitment to this legal crossroads isn’t a recent trend; it is how I built my career. When I graduated from law school, I took the New York bar exam, flew to Florida the same day, and took the Florida bar exam a week later. I was admitted to practice in Florida before I was notified that I had passed the New York bar exam.

Because I have practiced as an admitted attorney in both New York and Florida for over 40 years, our firm offers a distinct, seamless planning advantage. We eliminate the advisor trap and the risk of conflicting advice from separate regional firms. We don’t just know how to build a legally compliant estate plan in Florida; we know exactly how to structure your assets and real property so that Albany cannot claw back.

By managing your New York real estate transitions and drafting your Florida-compliant legal documents with a single, unified strategy, we help ensure your hard-earned wealth stays with your family—not the state.

To discuss how to properly structure your assets, real estate, and estate planning documents for a successful New York-to-Florida transition, contact our office to schedule a consultation.

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Cruel Cuts to Medicaid’s Community and Home Services Have Already Begun

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For millions of Americans caring for disabled children, aging parents, or loved ones with developmental disabilities, Medicaid-funded home and community-based services are not a luxury. They are a lifeline.

These programs allow family caregivers to provide care at home while receiving compensation for the physically and emotionally demanding work they perform every day. For many families, Medicaid home care programs have prevented the heartbreak of placing loved ones in nursing facilities where living conditions and quality of care can range from inadequate to devastating.

Now, those supports are being dismantled.

Why Home and Community-Based Services Matter

The community-based care model has transformed life for people with disabilities and seniors who would otherwise face institutionalization. An estimated 94% of Americans with intellectual and developmental disabilities live at home or in community settings rather than institutions because of Medicaid-funded Home- and Community-Based Services (HCBS).

These programs allow disabled individuals to remain connected to their families, schools, workplaces, faith communities, and neighborhoods. They also give families stability and dignity while reducing the emotional and financial strain associated with long-term institutional care.

Federal Medicaid Cuts Are Already Reaching the States

The sweeping federal spending package passed last July included roughly $1 trillion in Medicaid cuts. Advocates for seniors and people with disabilities warned lawmakers about the consequences, but Congress was not listening.

While many of the reductions are scheduled to take effect in 2027, several states have already begun scaling back programs.

Maryland is among the first states to make significant cuts, reducing $126 million from programs serving people with developmental disabilities. Beginning July 1, family caregiver wages and approved work hours will be sharply reduced.

Nursing Homes Are Already Overwhelmed, Beds are Limited

As Medicaid home care programs shrink, millions of elderly and disabled Americans could be forced into nursing homes or institutional settings simply because families can no longer afford to care for them at home.

The long-term care system is already strained beyond capacity. Facilities across the country face severe staffing shortages, growing waiting lists, and persistent concerns about quality of care.

Reducing Medicaid-funded community care will not eliminate the need for services. It will merely shift vulnerable individuals into systems that are more expensive, less personal, and already overwhelmed.

Medicaid Home Care Is More Cost-Effective Than Institutional Care

These cuts don’t make economic sense. Providing support for a disabled person in their home or community costs approximately $70,000 annually. Institutional care can exceed $395,000 per year. Hospital-based care and public institutional settings are often even more expensive.

Family Caregivers and Direct Support Professionals are Good for Communities

Medicaid-funded caregiving programs do more than support disabled individuals. They help entire communities remain economically stable. Direct support professionals and family caregivers make it possible for parents, spouses, and adult children to remain in the workforce. Employers retain experienced workers instead of losing them to full-time caregiving responsibilities. Families avoid financial collapse. Without these programs, many caregivers will face impossible choices between employment and caring for loved ones.

Fraud Concerns Don’t Justify Broad Medicaid Cuts

A growing conservative campaign focused on alleged Medicaid abuse and fraud has placed Home- and Community-Based Services under increased scrutiny. No one disputes that fraud should be identified and prevented. But broad cuts to essential caregiving services punish the very people these programs were designed to protect.

Most Medicaid recipients do not have lobbyists or political influence, making them vulnerable to poor decisions by lawmakers. They are low-income families, seniors, and disabled individuals already struggling to navigate a complex healthcare system.

Many were not always poor. Long-term care costs often consume lifetime savings and force middle-class families into financial hardship.

Sweeping reductions to Medicaid caregiving programs target some of the nation’s most vulnerable citizens while leaving larger spending priorities untouched.

The Fight to Protect Medicaid Has Moved to the States

Because many Home- and Community-Based Services fall under optional Medicaid categories, states have significant discretion over whether to continue funding them. The future of Medicaid home care will increasingly be decided in state capitals.

Most states already maintain lengthy waiting lists for in-home care assistance, and as funding shrinks, those lists are expected to grow dramatically. Families who rely on Medicaid caregiving services are now facing a painful reality: programs that once allowed loved ones to live safely at home may soon disappear.

Nobel laureate and Pulitzer prize winning novelist Peal S. Buck wrote this in her autobiography, My Several Worlds (1954):

“Our society must make it right and possible for old people not to fear the young or be deserted by them, for the test of a civilization is the way that it cares for its helpless members.”

I’d like to think we can do better.

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A New Era for ABLE Accounts: Why the 2026 Changes Matter

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For families navigating the financial realities of disability, planning has often felt like walking a tightrope.

Save too much money, and a loved one could lose access to essential public benefits. Spend too quickly, and long-term financial stability becomes harder to achieve. For years, many individuals with disabilities have faced an impossible choice between financial independence and maintaining eligibility for programs like Supplemental Security Income (SSI) and Medicaid.

ABLE accounts changed that equation when they were first introduced in 2014. But in 2026, the program is entering an entirely new chapter.

The latest changes to ABLE accounts are not simply technical updates buried in federal legislation. They represent one of the most meaningful expansions of disability financial planning tools in more than a decade — and they could affect millions of Americans who previously had no access to these accounts at all.

The Expansion Families Have Been Waiting For

The biggest shift arrived quietly but carries enormous implications: the age-of-onset requirement for ABLE eligibility increased from age 26 to age 46.

Until now, individuals generally qualified for an ABLE account only if their disability began before age 26. That restriction excluded many adults who developed disabilities later in life — including veterans returning with service-related injuries, adults diagnosed with multiple sclerosis or Parkinson’s disease, individuals who experienced traumatic brain injuries, and countless others whose disabilities emerged after young adulthood.

Beginning in 2026, that landscape changes dramatically.

Now, individuals whose disability began before age 46 may qualify for an ABLE account, opening the program to millions more Americans. For many families, this expansion feels less like a policy adjustment and more like long-overdue recognition that disability does not follow a single timeline.

A 42-year-old veteran injured during military service. A professional diagnosed with a degenerative neurological condition in her thirties. A parent who suffers a disabling accident later in life. These individuals were largely shut out of the original ABLE framework. They no longer are.

Why ABLE Accounts Matter So Much

To understand why these changes are significant, it helps to understand the problem ABLE accounts were designed to solve.

Many public benefits programs impose strict resource limits. SSI recipients, for example, generally cannot possess more than $2,000 in countable assets without risking benefits. That threshold has remained painfully outdated for decades.

ABLE accounts created a legal workaround. They allow eligible individuals with disabilities to save money in tax-advantaged accounts while preserving access to critical government assistance.

The funds can be used for a broad range of disability-related expenses, including housing, transportation, healthcare, education, assistive technology, employment support, and daily living needs. Earnings grow tax-free when used for qualified disability expenses, giving families a practical way to build financial security without triggering benefit disqualification.

For many individuals, ABLE accounts became the first realistic opportunity to save for emergencies, future housing needs, or long-term independence.

More Flexibility, More Opportunity

The changes arriving in 2026 go beyond expanded eligibility.

Contribution limits also increased, allowing families and beneficiaries to save more each year. Friends, relatives, employers, and the account owner may all contribute to the account, making ABLE planning increasingly collaborative and accessible.

Meanwhile, the “ABLE to Work” provisions continue to offer especially meaningful advantages for employed beneficiaries. Eligible workers may contribute amounts above the standard annual limit under certain circumstances, giving individuals with disabilities greater opportunity to accumulate savings through employment income.

This matters because ABLE accounts are no longer viewed merely as benefit-protection tools. Increasingly, they are becoming vehicles for independence.

A young adult with a disability may use an ABLE account to save for an accessible apartment. A working beneficiary may build emergency reserves without fear of losing Medicaid coverage. Parents may finally feel comfortable transferring modest financial support directly to a child with disabilities without unintentionally jeopardizing benefits.

The psychological effect is just as important as the financial one. Financial autonomy changes lives.

A Shift in Disability Planning

The expanded ABLE rules are also reshaping conversations among attorneys, financial planners, and caregivers.

Traditionally, special needs trusts served as the primary tool for protecting assets while preserving public benefits eligibility. Those trusts remain critically important, particularly for larger inheritances, legal settlements, or complex family planning situations. But they can also be expensive to establish and administer.

ABLE accounts offer a simpler alternative for many families. They are easier to open, less costly to maintain, and often more flexible for everyday spending.

In practice, many families now use both strategies together: a special needs trust for long-term asset protection and an ABLE account for daily financial management and accessible spending.

The 2026 eligibility expansion makes this planning combination available to a far broader population.

The Human Side of the Law

What makes the ABLE changes particularly notable is that they reflect a broader shift in how disability policy is evolving in the United States.

For decades, disability benefit systems were built around restrictions — limits on income, savings, employment, and financial growth. The underlying assumption was often that preserving benefits required limiting economic advancement.

ABLE accounts challenge that premise.

The modern approach increasingly recognizes that individuals with disabilities should not be forced into poverty in order to receive medical care, housing support, or basic assistance. Financial stability and public benefits should coexist, not compete.

That philosophy is now reaching more people than ever before.

Looking Ahead

Families affected by disability should review these new rules carefully. Individuals who never previously qualified for ABLE accounts may now be eligible. Existing account holders may want to revisit contribution strategies, investment options, and long-term planning goals.

Most importantly, the changes create opportunities where few existed before.

For many Americans, ABLE accounts are no longer niche financial tools. They are becoming part of a larger movement toward financial dignity, autonomy, and inclusion for people living with disabilities.

And in 2026, that movement just became much bigger.

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The Easiest Way to Destroy Your Estate Plan and Stress Your Family at the Same Time

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After nearly forty years of work, Ed Lyon had a healthy TIAA retirement account through his employer, the University of Chicago. The respected urologist wanted his account to go to his 36 grandchildren. After seven years, the funds still have not been distributed. The trustee says TIAA has told them the proper paperwork was not submitted.

The account was worth $1.2 million when Lyon died. It’s worth $1.7 million today.

This is not an unusual case, and as the Great Wealth Transfer continues, we expect to see more of these disputes. People often neglect to update beneficiary designations on their accounts or don’t pay close enough attention to how the rules work. It’s a common mistake with significant implications for heirs.

When Lyons died in 2019, the tax law allowed IRA beneficiaries to take RMDs (Required Minimum Distributions) over their lifetimes, allowing the accounts to grow tax-free for many years. This is no longer the case—under recent tax legislation, IRA beneficiaries must withdraw the funds within 10 years of the original owner’s death.

But first, they have to be able to access the accounts. There’s more to the story, as reported in a recent Wall Street Journal article titled “One Small Fortune, 36 Grandkids and an Inheritance Stuck in Limbo.”

Employers are required to pay out tax-deferred retirement accounts to a surviving spouse or the last recorded beneficiary if the spouse has signed a waiver forgoing the funds. These instructions, like many federal laws governing retirement accounts, supersede any instructions in wills or trusts.

This is how ex-spouses enjoy a nice bump in their retirement funds when former spouses neglect to update their beneficiary forms. It’s also how new spouses receive 401(k) accounts: spousal rights take precedence over beneficiary designations. In one family, four children from a first marriage lost out on a $3 million 401(k) inheritance, while the second spouse upgraded her lifestyle.

The family in the Lyon case is all on the same page: the 12 adult children want the three dozen grandchildren to receive their inheritance in line with their father’s wishes.

Ed Lyons and his wife updated their estate plan when they were both in their 80s. Their daughter, Alice, was designated to make medical decisions, and her husband was named the agent for financial decisions. Their trust was updated to include 36 separate trusts, one for each grandchild. Each grandchild was to receive the annual required distributions twice a year: once on their birthday and half at Christmas. When they turned 60, distributions would shift to monthly.

In 2019, Lyons was sick, and his wife was incapacitated. His son-in-law called TIAA to confirm the beneficiary designations. When he called, the representative didn’t have the updated beneficiary form, so he completed and submitted a new one. He did everything correctly: acting as his mother-in-law’s agent under a power of attorney. He signed a document, changing the beneficiaries to the grandchildren and waiving his wife’s spousal rights.

Ed Lyon died in 2019, and his wife passed away in 2020. TIAA sent a letter stating it couldn’t process the beneficiary update because it wasn’t properly signed. In January 2022, TIAA said the family lacked authority to sign the spousal waiver, even though a POA was in place.

It gets worse. The family reached out to the employer, the University of Chicago. The daughter, son-in-law, and their family lived in Wisconsin. The university said the POA wasn’t explicit enough to cover the spousal waiver under a Wisconsin law governing annuities. The family maintained that this was a 401(k) and that the annuity rule didn’t apply. The university says plan rules and the law bind it. TIAA claims it’s only following the rules and isn’t liable for breaching fiduciary duties.

The case has moved from the state trial court to the Seventh Circuit Appellate Court in Chicago. If the family loses, the funds may pass through the late wife’s estate to the grandchildren, but at the cost of forfeiting all tax advantages.

This case should serve as a cautionary tale for families to regularly review their estate plans, update and confirm beneficiary designation forms, and ensure all paperwork is in order.

Reference: The Wall Street Journal (May 15, 2026) “One Small Fortune, 36 Grandkids and an Inheritance Stuck in Limbo”

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New Coverage for GLP-1 Medications by Medicare: Update

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Starting in July, Medicare is launching a pilot program that will offer older Americans the chance to receive these drugs for as little as $50 a month to treat obesity.

Medicare Part D covers some GLP-1 medications for diabetes, cardiovascular disease, and sleep apnea, but in the past, Medicare didn’t cover weight-loss prescriptions. The $50 monthly price for any dosage is also well below what most Medicare patients pay out of pocket for GLP-1 prescriptions.

Seniors already struggling to pay for medications aren’t likely to be able to afford an additional $660 annual fee for the drugs. The program hasn’t yet launched, but the impact could be considerable. Adding this benefit permanently would require a change in federal law and, perhaps more challenging, getting health insurance companies to offer the medications in Part D prescription drug plans.

The cost to Medicare will also be a factor in whether the pilot program is extended. The popularity of these drugs is estimated to cost $35 billion from 2026 to 2034, according to a recent article in The New York Times, “A Guide to Medicare’s New Coverage for Obesity Drugs.”

The program will run from July 1, 2026, to December 31, 2027, under the name “Medicare GLP-Bridge.” The name reflects the idea that it is intended to bridge the gap before a longer program begins – if it ever does.

Seniors seeking access to the medications must already be enrolled in a Medicare Part D prescription drug plan, have a body mass index of 27 or higher, and have certain health conditions, including heart disease or prediabetes.

The Bridge GLP-1 program will have processes that differ from those for typical Part D prescriptions. It will require prior authorization, with doctors sending prescriptions through a central system operated by the CMS contractor Humana. Once approved, patients will pay their $50 co-pay at the pharmacy when picking up their prescription.

Some things to be aware of: recipients of Extra Help can’t use it for GLP-1 Bridge drugs. The $50 co-pay won’t count toward the Part D deductible or the $2,100 out-of-pocket cap on prescription drugs.

Most studies have shown that people who stop taking the GLP-1 drugs regain the weight they lost. If the pilot program ends and the weight returns, it won’t be a permanent solution for many.

For Medicare patients who qualify for GLP-1 because of Type 2 diabetes or cardiovascular disease risk reduction, it may make sense to continue receiving it through the standard Part D plan. People already on GLP-1 for weight loss might qualify for the Bridge program.

 What will happen after the pilot program? The bridge program was originally planned for 6 months, but because not enough insurance companies signed up, CMS extended it to 18 months. The hope is that insurance companies will have more data on how many Medicare beneficiaries receive GLP-1 drugs and more time to negotiate if the plan is continued.

Nothing is simple when it comes to pharmaceutical companies, insurance companies, and the government. We wonder whether other Medicare costs would drop dramatically if more people had access to GLP-1 drugs, and whether any of these big entities would put 1 + 1 together to get 2?

#Medicare #GLP1 #SeniorHealth #HealthcarePolicy #ObesityTreatment #MedicarePartD #WeightLossDrugs #HealthyAging #HealthcareCosts #PrescriptionDrugs #estateplanningroslyn #elderlawestateplanningny #elderlawyerNY #roslynelderlawyer

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Done with Your Taxes? Estate Planning Should Be Next

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If you’ve already filed your 2025 income tax returns, you have accomplished an important financial milestone. With the details of income, assets, deductions, and liabilities still fresh in your mind, this is an ideal moment to turn your attention to another critical component of your financial life: your estate plan.

From the perspective of an estate planning attorney, tax season provides a uniquely valuable opportunity to reassess not only what you own, but also how those assets are structured, protected, and ultimately transferred.

Estate planning is not a static exercise. It is a dynamic, evolving process that should reflect changes in the law, the economy, and personal circumstances. Failing to revisit your plan regularly can result in unintended consequences, including unnecessary taxation, family conflict, or the misallocation of assets.

The Limited Shelf Life of an Estate Plan

A common misconception is that once an estate plan is completed, it can be safely stored away and forgotten. In reality, most well-constructed estate plans have a practical lifespan of approximately three to five years. This is not due to any inherent flaw in the documents themselves, but rather the changing legal and financial landscape in which they operate.

Legislative developments, particularly those affecting tax policy, can significantly alter the effectiveness of an existing estate plan. Recent federal and state-level changes have introduced new thresholds, exemptions, and planning opportunities that may render older strategies obsolete or inefficient. An estate plan drafted even a few years ago may no longer align with current law or best practices.

Accordingly, periodic review is not merely advisable; it is essential. A proactive approach allows you to take advantage of favorable legal developments while avoiding pitfalls created by outdated provisions.

The Impact of Rising Property Values

For many Long Islanders who own real estate, recent years have brought substantial increases in property values. This trend is especially pronounced in our markets, where limited inventory and sustained demand have driven appreciation at an accelerated pace.

If you purchased your home within the past five to fifty years, there is a strong likelihood that its value has increased significantly. While this may be welcome news from an investment perspective, it also has important implications for your estate plan.

An increase in the value of your primary residence—or any real property—can affect the overall size of your estate, potentially exposing it to estate tax considerations that were previously irrelevant. It may also necessitate adjustments to how assets are distributed among beneficiaries. For example, a plan that once divided assets evenly may now result in unintended imbalances if one asset has appreciated disproportionately.

In addition, higher property values may warrant consideration of advanced planning strategies, such as trusts or gifting techniques, designed to mitigate tax exposure and preserve wealth for future generations.

Planning for Incapacity: An Often Overlooked Priority

While many individuals associate estate planning primarily with the distribution of assets upon death, an equally important component involves planning for incapacity. The statistical likelihood of experiencing a period of incapacity increases significantly with age. By age 65, the probability exceeds 50 percent, and by age 80, it approaches 75 percent.

Despite these realities, a substantial number of individuals lack the legal framework necessary to ensure that their financial and medical affairs can be managed effectively in the event of incapacity. Without proper documentation, even a spouse or adult child may be required to initiate court proceedings to obtain the authority to act on your behalf. This process can be time-consuming, costly, and emotionally burdensome.

A comprehensive estate plan should include several key documents designed to address these risks:

  • Durable Power of Attorney: This document authorizes a trusted individual to manage your financial and legal affairs if you become unable to do so.
  • Health Care Proxy or Medical Power of Attorney: This instrument designates a person to make medical decisions on your behalf.
  • HIPAA Authorization: This allows designated individuals to access your medical information and communicate with healthcare providers.
  • Advance Directive or Living Will: This document outlines your preferences regarding end-of-life care, providing guidance to both your healthcare agent and medical professionals.

Together, these tools create a cohesive framework that ensures continuity, minimizes uncertainty, and reduces the likelihood of disputes during difficult circumstances.

Life Changes Demand Plan Updates

An estate plan should reflect your current intentions and relationships. However, life is rarely static. Over time, personal circumstances evolve, sometimes in meaningful and unexpected ways.

Positive developments—such as marriages, births, and educational achievements—often prompt individuals to reconsider how they wish to allocate their assets. Conversely, more challenging events, including divorce, illness, or the death of a loved one, may necessitate significant revisions to existing plans.

If your estate planning documents don’t accurately reflect your present circumstances, there is a risk assets will be distributed in a manner inconsistent with your wishes. For example, failing to update beneficiary designations or testamentary provisions following a divorce could result in unintended inheritances.

Regular review ensures that your plan remains aligned with your goals and responsive to the realities of your life.

Financial Changes and Their Consequences

In addition to personal developments, changes in your financial situation should also trigger a review of your estate plan. Over time, individuals may experience increases or decreases in wealth, shifts in investment strategy, or changes in business ownership.

Consider, for instance, a charitable bequest specified in a will. If the bequest was established during a period of financial abundance but your circumstances have since changed, fulfilling that obligation may place an unintended burden on your estate or other beneficiaries. Conversely, an increase in wealth may create opportunities to expand philanthropic efforts or implement tax-efficient gifting strategies.

An estate plan should be sufficiently flexible to accommodate such changes, while also providing clear guidance to fiduciaries responsible for administering your estate.

The Growing Importance of Digital Assets

In today’s digital world, estate planning must extend beyond traditional assets such as real estate, bank accounts, and investment portfolios. The average individual now maintains a substantial digital footprint, often encompassing hundreds of online accounts.

These may include email accounts, financial platforms, subscription services, social media profiles, cloud storage, and more. Each of these accounts may contain valuable information or assets, and many are protected by privacy laws and user agreements that restrict access.

Without proper planning, your digital assets may become inaccessible upon your death or incapacity. This can create significant challenges for your loved ones, ranging from the inability to retrieve important documents to the risk of identity theft associated with dormant accounts.

Modern estate plans increasingly incorporate provisions addressing digital assets. This may include:

  • Designating a digital executor with authority to manage and close accounts.
  • Maintaining a secure inventory of digital accounts and access credentials
  • Providing explicit authorization for fiduciaries to access digital information

If your estate plan was created more than five to ten years ago, it is unlikely to include comprehensive digital asset provisions. Updating your plan to address this area is an important step in safeguarding both your information and your legacy.

A Coordinated Approach to Estate Planning

Effective estate planning requires more than the preparation of individual documents. It involves the careful coordination of various components, including wills, trusts, beneficiary designations, and asset titling. Each element must function in harmony with the others to achieve your overall objectives.

Tax season offers a valuable opportunity to take stock of your financial landscape and ensure that your estate plan is fully integrated with your broader financial strategy. This may involve collaboration between your estate planning attorney, financial advisor, and tax professional.

Such coordination can yield significant benefits, including improved tax efficiency, enhanced asset protection, and greater clarity for your heirs.

Taking the Next Step

Completing your tax returns is an important accomplishment, but it should not mark the end of your annual financial review. Instead, it should serve as a catalyst for broader planning.

An updated estate plan provides more than just instructions for the distribution of assets. It offers peace of mind, knowing that your affairs are in order and that your loved ones will be protected in the event of incapacity or death. It also reflects a thoughtful, proactive approach to managing your legacy.

If it has been several years since your last review—or if you have never created an estate plan—now is the time to act. By addressing these issues today, you can avoid unnecessary complications tomorrow and ensure that your wishes are carried out with clarity and precision.

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Spring Holiday Wishes from The Law Office of Stephen J. Silverberg

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This year Passover and Easter holidays are within the same week, and so we are sending our best wishes to all of our friends, colleagues and family members. Whether you are celebrating Passover, Easter or the Spring Equinox, we hope this holiday finds you surrounded by those you love and the joys of the spring season.

Spring holidays are centered on a message of hope for the future, a time of renewal and a time to clean out the leftovers from the winter that has passed and prepare for the coming of new growth.

While you are enjoying your family’s holiday traditions, we encourage you to think about the future and what plans you may have made for yourself and your family. If we haven’t seen you or reviewed your estate plan in the last three to five years,  we recommend having a conversation with myself or Scott to review your situation.

Estate planning is a lot of like dentistry. Few people enjoy going to the dentist, but most of us enjoy leaving the office at least once a year knowing that our teeth are super-clean and we’ve taken care of this task.

Estate plans have a longer shelf-life—about three or five years, notwithstanding any major life events. If you’ve had any large changes in your life, from selling a business to welcoming a new child, losing a loved one or getting married, your estate plan needs to be updated to be sure it still reflects your wishes.

If your spring plans include a thorough clean up after the holidays are over, we invite you to contact us to make an appointment to review your estate plan. You’ll feel great knowing it’s all taken care of.

We hope you enjoy your holiday gatherings and look forward to hearing from you soon.

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The Medicare Advantage Open Enrollment Door is About to Close

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Did you choose a Medicare Advantage (MA) plan during the open enrollment period and are disappointed with the coverage? The good news is the law is on your side. You have until March 31 to enroll in a different MA plan or return to traditional Medicare (TM).

The healthcare and insurance landscape has changed considerably. Healthcare costs are escalating, insurance companies are denying authorizations for necessary treatments, and prescription co-pays are increasing. MA plans change coverage every year or drop coverage in your area. The stakes are high. If you are disappointed with the coverage, you can make a change in the next few days. Here’s what you need to know

The law permits those who choose MA plans to switch to a new MA plan or drop their MA plan entirely and return to traditional Medicare during the Advantage Open Enrollment Period, which runs annually from January 1 through March 31. Once that change is made, it’s locked in for the rest of the year.

If you’ve encountered unexpected costs or access issues in the first few months of 2026, now is the time to make the change. Waiting could saddle you with a year’s worth of unplanned medical expenses or limited care options.

Switching to TM offers broader provider access and access to specialists and treatments without prior authorization. However, there are several issues you should consider. Traditional Medicare doesn’t cap out-of-pocket spending, but a Medigap supplemental plan helps contain costs. While many states require underwriting and limit coverage for pre-existing conditions, New York allows enrollment in or switching Medigap policies without underwriting or higher premiums, regardless of age or pre-existing conditions. If you go to Traditional Medicare, you’ll need a standalone Part D to cover prescriptions.

Here’s the thing: most people pay the closest attention to monthly premium payments, but they’re really only part of the picture. What are the plan deductibles, copays, and maximum out-of-pocket costs?

For example, a plan with $0 premium sounds great, but if you require specialty medications or frequent care, you may find it costs you more than a plan with a $350 monthly bill. TM may provide better protection against larger medical bills. There are Medigap policies that eliminate copays.

Most MA plans have a defined provider network. If your doctor is out-of-network, you could face higher costs or have to change doctors. So before making any changes, make sure your preferred providers and healthcare networks are included in the plan. For those who live with chronic conditions, like heart disease or cancer, this is especially important. With TM, you can use any doctor who accepts Medicare.

Timing matters too. When you make a change, it doesn’t take effect until the first day of the following month. Waiting until the last minute could limit your ability to resolve issues, gather plan details, or have a smooth transition between coverage options.

The deadline is less than a week away, so if you want to make any changes, review the costs, provider access, and prescription coverage to be sure your plan aligns with your healthcare needs for the coming year.

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More Good News: New York State Updates How Legal Documents Are Served

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New SCPA 307 Service of Process Rules in New York Surrogate’s Court

For years, attorneys practicing in New York’s Surrogate’s Court have navigated service of process rules that were increasingly out-of-step with how people actually communicate. While nearly every part of daily life—from banking to healthcare to court filings—has moved toward electronic and mail-based systems, service of legal papers in estate and trust matters remained stubbornly tied to personal service on New York residents, regardless of where they are located.

At the same time, service of legal documents to non-New York residents could be made by mail. We recently had a matter where a New York resident was out of state for the summer and had to hire a process server in the state to serve her. The cost was considerable and delayed the matter. If she lived in that state, postage was the only expense.

Recent updates to Surrogate’s Court Procedure Act (SCPA) § 307 now allows service by mail on New York residents. This brings Surrogates Court in line with all other courts in New York. It represents a meaningful modernization of how legal documents may be served in Surrogate’s Court proceedings. These changes are welcome news for attorneys, fiduciaries, beneficiaries, and families. By permitting service through mail and, in certain circumstances, electronic delivery, the new rules reduce delay, expense, and frustration, without sacrificing due process or fairness.

These changes are practical improvements that brings Surrogates practice in line with all other courts in New York that have allowed service by mail for decades. The streamlines the process, while still protecting the rights of all interested parties.

What Is SCPA 307 and Why Does It Matter?

SCPA 307 governs service of process in Surrogate’s Court matters. In simple terms, it dictates how and when interested parties must be formally told a legal proceeding has been started.

Service under SCPA 307 applies to many of the most common Surrogate’s Court matters, including:

  • Probate of wills
  • Administration proceedings when there is no will
  • Trust-related proceedings
  • Citations and notices to heirs and beneficiaries
  • Proceedings involving fiduciary appointments, removals, or accountings
  • Matters involving powers of attorney or objections to estate administration

Proper service is a fundamental requirement of due process. If service is defective, a court may lack jurisdiction, proceedings may be delayed, or decisions may later be challenged. But in the past, the rigid requirements of personal service often created obstacles that benefited no one.

The Old System: Personal Service as the Default

Until these recent changes, service under SCPA 307 typically required personal delivery by a process server. That meant:

  • Identifying and hiring a licensed process server
  • Physically locating the person to be served
  • Making repeated attempts if the person avoided service
  • Documenting each attempt with affidavits of service

While personal service works reasonably well when everyone lives nearby and is cooperative, estate matters rarely fit that description. Heirs and beneficiaries may live across the state—or across the country. Some may live overseas. Others may be estranged from the family or hard to locate. Even when beneficiaries were known, reachable, and willing to participate, the law still required the formality of personal delivery.

For us, this meant coordinating with process servers in multiple jurisdictions, often at significant cost. For our clients, it meant delays in moving forward with probate or administration, increased legal fees, and unnecessary stress during an already emotional time.

Two Modern Realities: Families Are Dispersed and Digital

The updated SCPA 307 rules reflect an important acknowledgment: modern families are mobile and digital. The new rules bring Surrogate’s Court practice closer to how people actually live and communicate today.

People routinely conduct sensitive business by mail and email. Financial institutions, government agencies, and courts increasingly rely on electronic communication. Requiring physical hand-delivery of papers, even when reliable alternatives exist, no longer makes sense in many estate proceedings.

What Has Changed Under the New SCPA 307 Rules?

1. Service by Mail Is Now Permitted

One of the biggest changes is that New York State residents may now be served by certified or registered mail in many Surrogate’s Court proceedings.

This alone represents a major improvement. Certified and registered mail provide:

  • Proof of mailing
  • Tracking
  • Confirmation of delivery or attempted delivery

From a due process standpoint, this method offers strong evidence that notice was sent in a reliable and verifiable way.

For clients, service by mail is faster and far less expensive than hiring a process server. For attorneys, it streamlines case management and reduces administrative complexity.

2. Electronic Service Is Now an Option in Certain Cases

The new rules also give Surrogate’s Court judges broader authority to order service by email when traditional methods are unsuccessful.

Email service is not automatic. Courts require:

  • Documented, good faith attempts at personal service or mail service
  • Evidence that the email address is valid and actively used by the recipient

When these conditions are met, email can be an effective and sensible way to ensure notice is actually received—particularly in our mobile lifestyle where people live abroad, or are hard to serve physically.

This flexibility allows courts to tailor service methods to the realities of each case, rather than forcing one rigid approach.

3. Broader Judicial Discretion for Alternative Service Methods

The updated SCPA 307 rules also expand the court’s authority to direct alternative service methods, including:

  • Special mailing instructions
  • Publication
  • Email service
  • Other court-approved methods reasonably calculated to provide notice

These options are available not only for New York residents, but also for non-residents of New York State if due diligence has been shown.

This is important in estate matters involving beneficiaries who live out of state or abroad—a common scenario in modern families.

Why These Changes Matter to Clients

From a client’s perspective, the benefits of the new SCPA 307 rules are substantial. Streamlined service means estates can progress more efficiently. Process servers can be costly. Reducing or eliminating the need for personal service lowers out-of-pocket expenses and legal fees.

Estate proceedings often follow a death, a family dispute, or a medical crisis. Simplifying procedural hurdles reduces unnecessary frustration for families already dealing with grief and transition.

Why These Changes Matter to Attorneys

For attorneys, the updated rules allow us to focus more on substantive legal issues and client counseling, rather than logistical challenges. Less time needs to be devoted to coordinating with multiple process servers. The risk of procedural errors is reduced and delays are reduced.

Fewer “John or Jane Doe” Proceedings

One practical consequence of the new rules is a reduced need for complex “John Doe” or “Jane Doe” summonses and exhaustive searches for individuals whose whereabouts are uncertain. If mail or email service proves effective, attorneys may avoid costly investigative efforts while still satisfying due process requirements. This is helpful in cases involving distant relatives, blended families, or long-lost heirs.

Due Process Still Comes First

These changes do not eliminate due process protections.

Courts still require reasonable efforts to notify interested parties, and judges retain discretion to determine whether service methods are always appropriate. The goal of the new SCPA 307 rules is not to shortcut notice, but to make sure notice is reasonably calculated to reach the person involved— which often mail or email accomplishes more effectively than personal delivery.

By embracing mail and electronic service while preserving judicial oversight, the courts have balanced efficiency and fairness.

For estate planning attorneys, fiduciaries, and families navigating probate or trust proceedings, these changes mean faster resolutions, lower costs and less procedural frustration.

If you are administering an estate, serving as a fiduciary, or planning for the future, working with an experienced estate planning attorney remains essential. The rules may be simpler—but knowing how to apply them correctly still makes all the difference.