Mother and Down Syndrome daughter working on household finances together at a table in the home

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

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.

Woman using injection pen on abdomen, pinching stomach with hand

New Coverage for GLP-1 Medications by Medicare: Update

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

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.

Happy Easter and Happy Passover Illustration with floral design

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

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.

Medicare Advantage circle with enroll, costs, coverage

The Medicare Advantage Open Enrollment Door is About to Close

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.

a hand with pen coming out of a monitor screen and writing a legal document

What Estate Planning Attorneys Wish Clients Knew About AI      

We live in a moment where artificial intelligence is woven into nearly every corner of daily life. People are using AI to plan vacations, write wedding vows, edit novels, brainstorm business ideas, and even redesign their homes. These tools are fast, friendly, and capable. It’s no surprise that many people wonder: If AI can do all of that, why not ask it to create my will or trust?

As an estate planning attorney, I understand the appeal. Typing questions into ChatGPT or Claude feels easier than scheduling time with a lawyer. And there is no shortage of online platforms promising quick, inexpensive wills and trusts “drafted in minutes.” But the truth is that estate planning, and especially Medicaid and long-term care planning, is not something AI can safely do for you.

Every month, our office now meets with families trying to unwind the fallout from AI-generated or online-generated estate plans. What was meant to be a shortcut ended up creating delays, disputes, extra expenses, and in some cases the loss of benefits or property. These issues often appear only after a person has passed away or suffered a medical crisis, when it’s too late to fix the problem.

Before relying on AI for something as important as your estate plan, here is what we wish every client understood.

Even AI Says It Shouldn’t Create Your Estate Plan

Out of curiosity, we asked ChatGPT whether it should be used to draft wills or trusts. The response: no. AI tools can help you learn, outline your thoughts, or understand basic concepts, but they cannot replace an attorney.

AI Cannot Apply State-Specific Law With 100% Precision

Estate planning is governed by state statute, case law, and strict execution requirements. A small mistake can have big consequences. For example, in New York, a will that isn’t witnessed properly, a Power of Attorney that is missing the statutory gifts rider, or a trust using outdated language can lead to:

  • Documents being declared invalid
  • Delays in probate or estate administration
  • Assets passing to the wrong individuals
  • Avoidable taxes or penalties

AI tools are trained on vast amounts of general information—but not on your state’s specific, ever-changing legal requirements. They also cannot comply with the New York Estates, Powers & Trusts Law (EPTL) or the Surrogate’s Court Procedure Act.  

AI Cannot Ensure Proper Execution of Documents

A perfectly drafted will is useless if it is signed incorrectly. New York requires specific witnessing procedures; certain documents must be notarized; and others need statutory warnings read aloud. AI cannot walk you through these requirements in real time or confirm they were followed.

Incorrect execution is one of the most common reasons we see documents fail.

AI Cannot Identify Hidden Issues or Address Sensitive Issues The Way a Human Can

A significant part of estate planning is uncovering issues clients don’t realize matter. AI only knows what you type into it—and clients rarely know what to disclose. For example:

  • Blended families or estranged relatives
  • Disabled beneficiaries and the need for special needs planning
  • Medicaid look-back issues and asset transfer penalties
  • Tax exposure or titling problems
  • Business succession complications
  • Creditor protection concerns

An attorney is trained to ask the questions you don’t know to ask. AI is trained to respond to the questions asked.

Medicaid and Long-Term Care Planning Is Too Complex for AI

Medicaid eligibility involves a five-year look-back period, transfer penalties, exemption rules, trust requirements, spousal allowances, and frequent regulatory changes. There is no algorithm that can analyze your assets, family circumstances, health risks, and legal options with the nuance required.

Mistakes in Medicaid planning are often irreversible—and costly.

AI Cannot Give Legally Binding Advice  

AI is not licensed, cannot practice law, cannot assume professional responsibility, and cannot be held accountable. Estate planning is not simply document drafting; it is legal advice, strategic planning, risk analysis, and fiduciary responsibility. Those duties cannot be delegated to software.

Should You Use AI to “Check” Your Estate Plan?

Another common question we hear is whether it’s safe to upload an existing estate plan to AI to “analyze” it. The answer is no—primarily because of privacy.

We are in the early stages of learning how AI systems store and process information. Just as social media felt harmless until people realized their personal data was being tracked, shared, or sold, we will likely see a similar learning curve with AI.

When you upload sensitive information to an AI system, it enters a database stored on massive servers you cannot control. It may be retained permanently or temporarily. You cannot be certain who may have access to it, now or in the future. Estate planning documents contain financial information, family details, medical concerns, and business ownership structures, all of which need not be set loose in the world.

Our firm uses multiple security systems to keep client data private. AI tools do not offer that level of protection, and their privacy policies make that clear.

AI Lacks Human Judgment—and That Matters

Even with impressive computing ability, AI does not understand family dynamics, personal values, or the emotional nuances that shape estate planning. It cannot anticipate the “what-ifs” that attorneys deal with daily.

Consider just a few common scenarios:

  • A will leaves a home to a nephew, but the home is sold before death. Is the nephew entitled to something else?
  • A child develops substance-use issues after a trust is created. Should the trust include protection or restrictions?
  • Parents want to treat children equally, but one child receives significant lifetime gifts or caregiving support. Should the estate reflect that?

These are human questions, not software questions.

AI Also Makes Mistakes

A phenomenon often called “AI hallucinations” occur when an AI system provides answers that are simply wrong. In the legal world, this has already caused real-world harm. Several attorneys across the country were sanctioned after filing briefs containing cases, quotes, and citations entirely fabricated by AI.

Estate plans created by AI can contain similar errors—incorrect statutory language, references to nonexistent laws, or clauses that contradict one another. Unlike a wrong restaurant suggestion, these mistakes can have lasting legal and financial consequences for your family.

Human Estate Planning Needs Human Experience

Early GPS systems sometimes sent drivers into ponds. AI is no different: its output is only as good as its training, and it often fails in unexpected ways. Estate planning requires judgment, precision, and a deep understanding of human circumstances. It is as much about protecting relationships as it is about distributing property.

AI is a powerful tool, and it has its place—education, brainstorming, drafting outlines, gathering general information. But it cannot replace the experience, responsibility, and foresight of a qualified estate planning attorney.

Red alarm clock with hands pointed at 15 minutes to midnight, concept of take action before end of the year

There’s Not Much Time Left, but You Can Still Make These Moves before December 31, 2025

Significant changes to the One Big Beautiful Bill Act (OBBBA) take effect on January 1, 2026. There’s little time, but if you act fast, you might benefit:

Charitable giving tax rules are changing. Only taxpayers who itemize can deduct charitable gifts exceeding 0.5% of ADI. If you already know which organizations you want to support, consider making a few years’ worth of donations in 2025, before these tax benefits shrink.

Charitable Deduction Limits: 2025 vs. 2026 Comparison

Feature2025 Tax Year2026 Tax Year
Itemizer Deduction FloorNone — full deductions allowed up to AGI limitsNew 0.5% AGI floor before deductions allowed
Cash Gifts to Public Charities (Itemizers)Deductible up to 60% of AGIStill deductible up to 60% of AGI (after 0.5% floor)
Non‑Cash Donations (e.g., stock)Deductible up to 30% of AGI (typical)Same AGI limits, subject to new floor
Non‑Itemizer Charitable DeductionNot availableUp to $1,000 (single) / $2,000 (joint) for cash gifts
Deduction Value Cap (High Earners)Full value based on marginal rate (e.g., 37%)Capped at 35% of the gift value
Qualified Charitable Distributions (QCDs)Up to $108,000 (direct from IRA)Increased to approximately $111,000
Benefit Requirement for QCDsMust be to a qualified charity with no donor benefitSame rule applies

Are you unsure which organizations you want to support? Set up or contribute to a DAF – Donor Advised Fund. You’ll get the deductible contribution this year and the opportunity to distribute grants in the future.

Consider a Charitable Remainder Trust (CRT), which allows for a current-year deduction and provides an income stream. It is also beneficial to a non-spouse IRA beneficiary, as payments can be made over 20 years or until the beneficiary’s life expectancy. It avoids the 10-year payout rule.

If you’re over 70 ½ and have IRA income you don’t need, you can directly donate up to $108,000 in 2025 using a Qualified Charitable Distribution. This satisfies your RMDs and trims taxable income. You can’t use a QCD for a DAF or private foundation.

Gifting Rules are Better in 2025

While the federal estate tax and gift exemptions are now at their highest levels, families with taxable estates may want to utilize some of their exemptions in 2026. You can still give up to $19,000 per person without using your lifetime exemption.

Interest Rates make some planning ideas more attractive. Intrafamily loans allow family members to borrow at lower rates than those offered by commercial lenders. If you already made intrafamily loans in recent years, consider refinancing them at today’s lower rates.

A Grantor Retained Annuity Trust (GRAT) transfers appreciated assets to beneficiaries with minimal gift tax exposure if returns exceed the IRS Section 7520 rate, which must be distributed back to the grantor. This rate has been moving lower in 2025, improving the likelihood of a successful GRAT. Some families choose a short-term GRAT to capitalize on market fluctuations.

A Charitable Lead Annuity Trust (CLAT) follows similar interest rate dynamics. A CLAT provides annual income to a charity for a term, and after the term, remaining assets pass to individual beneficiaries. Lower rates increase the potential remainder amount, making them even more appealing.

The end of the year is a key time to review your retirement and estate plans. Check your Wills, Trusts, Advanced Care Directives, contributions levels, beneficiary designations, and RMDs.

Changes are coming in two weeks’ time – make the most of what’s left of 2025!

Reference: Kiplinger (December 16, 3025) “Your Year-End Tax and Estate Planning Review Just Got Urgent”

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Year-End Estate Planning Wrap-Up   

As the year draws to a close, it’s worth taking a step back to assess the legal framework that governs how your assets will be managed during life and transferred at death. Many financial and tax-related decisions, including retirement account contributions, charitable gifts, and certain trust funding activities must be completed by December 31 to maximize potential tax benefits and ensure estate planning documents continue to reflect your goals.

A thoughtfully maintained estate plan is not a “set it and forget it” exercise. It should evolve with life circumstances, family needs, and changes in federal and state law. Periodic reviews every three to five years help ensure your estate plan continues to protect those you love and operates as intended when it matters most.

Review – and Update if Necessary

If you already have an estate plan in place, you are ahead of the curve. However, even a well-crafted plan requires ongoing attention. Unless your documents were prepared or reviewed within the past year, it’s time for a checkup. Laws governing estates, trusts, and taxation evolve, and life rarely remains static. Marriages, divorces, births, deaths, relocations, and even changes in asset composition can all impact how your plan functions.

A comprehensive review should include your last will and testament, any revocable or irrevocable trusts, durable powers of attorney, and healthcare directives. Ask yourself:

  • Do these documents still reflect my current wishes and family situation?
  • Have there been any major life events that warrant revisions?
  • Have I moved to another state where probate, homestead, or tax laws differ?
  • Have I acquired new assets or sold property referenced in my plan?

Working with an experienced estate planning attorney ensures your documents remain compliant with current law and intentions are not just clearly expressed but are also enforceable.

Did Your Trust Cross the Finish Line?

Creating a trust is an important step, but it is only effective once it has been properly funded. If you established a revocable living trust in 2025, have you completed the process of transferring assets into it? Deeds, account registrations, and beneficiary designations must be updated to reflect ownership by the trust.

If you pass away before funding is complete, those unfunded assets may remain subject to probate, precisely what you sought to avoid by creating a trust in the first place. Year-end is an excellent time to verify that bank accounts, brokerage accounts, real property, and business interests are properly titled.

Additionally, review any “pour-over” provisions in your will, which are designed to transfer remaining assets into the trust upon death. These provisions work best when the bulk of your estate is already held or designated for transfer to the trust.

Are Your Powers of Attorney and Healthcare Directives Current?

Equally important are incapacity documents — durable power of attorney and healthcare directives. These instruments authorize trusted individuals to act on your behalf in managing financial affairs and making medical decisions should you become unable to do so.

The designations can become outdated over time. Agents may move out of state, become incapacitated themselves, or simply no longer be the right choice. If your chosen representative has retired to Florida while you reside in Nassau County, for example, they may not be able to assist you effectively in an emergency.

An updated power of attorney and healthcare proxy can spare loved ones significant stress and expense. Without these documents, family members may be forced to petition a court for guardianship to manage your affairs. This is a time-consuming, expensive, and emotionally draining process, easily avoided.

Review who you have named, confirm their willingness to serve, and  be sure they have current copies of your documents.

Review Beneficiary Designations

One of the most common pitfalls in estate planning involves outdated beneficiary designations. The beneficiary designations on life insurance policies, retirement plans, annuities, and certain investment accounts override whatever instructions are contained in your will or trust.

For instance, if an ex-spouse remains listed as the beneficiary of your life insurance policy, that person will receive proceeds upon your death, no matter what’s in your will or how much time has elapsed since you’ve had any contact with them. The insurer is legally bound to honor the most recent signed designation on file. Many people go to court on this issue and do not get the results they hoped for.

Take time before year-end to review all beneficiary forms and ensure they are consistent with your overall estate plan. Confirm not only your primary beneficiaries but also contingent (secondary) beneficiaries in case your first choice predeceases you.

End of Year Financial Considerations

Required Minimum Distributions (RMDs)

If you are age 73 or older, you are required to take annual distributions from traditional IRA and certain retirement accounts. Failure to withdraw the appropriate amount can result in a penalty equal to 25% of the amount that should have been distributed.

Beneficiaries of inherited IRAs must also take distributions under the SECURE Act rules, which generally require the account to be emptied within ten years of the original owner’s death (with certain exceptions for eligible designated beneficiaries). Reviewing your RMD status before year-end ensures compliance and helps manage your taxable income effectively.

Flexible Spending Accounts (FSAs)

If you participate in a Flexible Spending Account through your employer, review your plan’s “use it or lose it” provisions. Some plans allow a short grace period while others permit only a small carryover amount. Any funds left unused beyond the permitted deadline are forfeited. Verify your account rules now so you can plan eligible expenses accordingly.

Tax Planning Opportunities and Year-End Charitable Giving

Year-end is also a time for strategic tax planning. Charitable giving can serve both philanthropic and financial purposes, reducing taxable income and helping causes important to you.

Whether you prefer to make cash contributions, donate appreciated securities, or establish a charitable trust, completing your gifts before December 31 is key to claiming the deduction for the current tax year. Donating highly appreciated stock can be particularly effective — you avoid paying capital gains tax on the appreciation and still receive a charitable deduction for the fair market value of the asset.

Qualified Charitable Distributions (QCDs)

Individuals aged 70½ or older can make Qualified Charitable Distributions of up to $108,000 directly from an IRA to a qualified charity in 2025. A QCD counts toward your Required Minimum Distribution but is excluded from your Adjusted Gross Income. This strategy can help lower overall taxable income and may also reduce the impact of other income-based taxes or Medicare surcharges.

It is essential, however, that the funds be transferred directly from the IRA to the charitable organization. Personal withdrawals do not qualify. Always consult your estate planning attorney to ensure compliance.

Annual Exclusion Gifting

Under current federal law, individuals may gift up to $19,000 per recipient annually ($38,000 for married couples) without incurring gift tax or affecting the lifetime exemption amount. These gifts can be an effective way to reduce the size of your taxable estate while providing meaningful financial support to family members or other beneficiaries.

In addition, direct payments for another person’s tuition or medical expenses made directly to the educational or healthcare provider  do not count toward the annual exclusion or lifetime exemption. These strategies can help transfer wealth efficiently while maintaining flexibility and control.

Estate Planning as a Living Framework

An estate plan is more than a collection of documents — it is a living framework that guides your financial and personal legacy. A properly prepared and maintained plan provides clarity for your loved ones, minimizes administrative burdens, and helps avoid unnecessary court involvement.

At its core, estate planning is an act of care. It ensures that the people you trust have the authority to make decisions on your behalf and that your assets are distributed according to your wishes. It also protects your heirs from confusion, conflict, and unnecessary expense.

If you have yet to formalize your estate plan, there is no better time to start. And if you already have one, take advantage of this year-end season to confirm that your plan remains legally sound, properly funded, and aligned with your current circumstances.

Estate planning is not a one-time task but an ongoing process that, when approached proactively, can provide peace of mind for years to come.

As you wrap up 2025 and prepare for the new year, make estate planning a priority alongside your other year-end financial to-dos. By reviewing your documents, confirming your beneficiaries, funding your trusts, and making strategic gifts, you ensure your estate plan continues to reflect your values and protect those you love.

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senior couple looking at laptop, he is sitting down, she is leaning over him with an arm around his shoulder

Open Enrollment Season is Here – What You Need to Know Right Now

It’s Medicare season, when the millions of Americans enrolled in Medicare plans are allowed to make changes to their plans. These opportunities are limited and this year presents some new challenges. Big Medicare insurance companies are dropping plans, trimming benefits and increasing deductibles. You’ll want to do the homework to make sure you’re getting the coverage you need and the coverage you can afford.

Medicare insurance has become less profitable for big insurance companies and they’re trying to limit costs. It’s that simple. Enrollment in Medicare Advantage plans is expected to shrink in 2026, for the first time in 15 years. The companies are focused on profits, not growth.

If your medications have changed since last year or if your prescription coverage isn’t paying enough, it’s time to review your plan. Most of us have seen our premiums go up—they never go down—so a plan that worked with your retirement budget last year might not work in 2026.

You’ll need to review the Annual Notice of Change, Summary of Benefits and Evidence of Coverage. No, it’s not enjoyable reading but it’s necessary to know the changes coming to your current plan.

New York residents can go to HIICAP – Health Insurance Information, Counseling and Assistance Program at the Office for the Aging or call 1800-701-0501 to speak with a counselor in your county. HIICAP can help with comparing different plans, including Medicare Advantage, Original Medicare + Part D, Medigap and understanding the benefits and costs of these plans. Help is also available for enrollment, appeals and the general paperwork that goes with Medicare enrollment.

What to Look Out For When Deciding on a Plan

There is admittedly a lot that can go wrong when picking a plan. What looks great on paper may not work in practice. Hospital systems, specialists, and networks vary significantly by insurer, so you’ll want to ask your providers to make sure your main doctors, specialists and local hospitals are included.

Medicare Advantage plans penalize claimants for going out of network. Be careful with plans that severely restrict the providers you can use. Many hospitals and doctors are leaving Medicare Advantage networks. Contact your providers directly, as the insurance company directories are typically not updated.

Plans also change from year to year. Some insurers leave markets or change counties based on their profitability. Even if your plan continues in your area, benefit changes may impact drug coverage, tier lists or prior authorizations may change.

What about Traditional Medicare?

Many people skip the Advantage plans altogether. Traditional Medicare includes most doctors and most hospitals. You’ll need a Medicare Supplement (also known as Medigap) policy, which can be expensive but covers what Medicare won’t.

Drug Plans are More Expensive

The number of stand-alone Medicare drug benefit plans (Part D) are decreasing sharply and their costs are escalating. Drug deductibles are up, and many co-pay prescriptions will require higher patient payments next year. Insurance companies are using the term “coinsurance” which is corporate-speak for you’ll have to pay for this.

Medicare.gov has a tool to review prescriptions and help identify what you’ll pay for medication under each plan.

Cost-Assistance Plans in New York

New York offers the Medicare Savings Program, which helps pay Medicare Part premiums and, in income is low enough, may pay deductibles and copays. There’s also “Extra Help” /Low Income Subsidy for Part D to help with drug costs, premiums, and deductibles. If you’re a resident, look into EPIC – New York’s Elderly Pharmaceutical Insurance Coverage program, which might help with drug costs for NY residents. All of these programs are available through the New York State Office for the Aging.

On Long Island, there are a few nonprofit advocacy groups who can help. Family & Children’s Association (FCA) in Garden City, Nassau County, provides free, unbiased guidance to local seniors through its HIIPCAP Medicare counseling efforts. AARP also offers a variety of resources for 2025 Medicare enrollment, including online guides, webinars, and tools.

How We Can Help

We recognize the process of figuring out what plan to use can be confusing. We are able to find options for specific zip codes on Long Island and identify the ones that look strongest for our clients. We do not sell insurance and are not insurance experts, but we have certain research tools that may be helpful. You are invited to contact the office if you’d like input on their plans.

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2025 Required Minimum Distribution Deadline is Near – What You Need to Know Right Now

This is the time of year to start planning for RMDs unless you are taking them automatically. If you haven’t taken an RMD in 2025 and don’t need funds to cover living expenses, you may want to wait until December. That’s because if your RMD covers your entire tax bill, you can avoid quarterly estimated tax payments by taking the RMD in December and having your financial institution withhold a sufficient amount.

This is something most people don’t know. You can take your RMD and tell the brokerage house or advisor to withhold any amount. If the RMD is enough to cover quarterly estimated tax payments, you don’t need to make them, and the withholding on the RMD will cover the payments without penalty.

Here’s an example: Let’s say you’re required to make four quarterly estimated tax payments of $2,500 each. Your Required Minimum Distribution (RMD) for the year is $15,000. You can instruct the financial advisor to withhold $10,000 in addition to the tax due on the RMD. As a result, you will no longer need to make quarterly estimated tax payments. This allows your assets to remain in the IRA, maximizing your compound interest, which continues to grow tax-free.

Here’s why this works:

Tax-deferred retirement accounts, like traditional IRAs and 401(k)s let wage earners save pre-tax dollars. In exchange, workers pay income tax on the withdrawals and any future growth.

But you can’t keep money in tax-deferred accounts forever. That’s where the RMDs come in. They ensure Americans don’t keep saving tax free. After you reach a certain age, you are required to take a portion of the balance every year. If you fail to take your RMD in any year, you pay an excise tax equivalent to 25% of the monies you failed to take out. That’s a hefty penalty.

RMDs have to be taken out before December 31 every year. The first RMD is the only exception, you can take that out up to April 1 of the following year.

There are a few strategies for taking RMDs, with benefits and drawbacks.

Those who own traditional retirement accounts have three options:

  • Take the money early in the year.
  • Make withdrawals as periodic installments.
  • Take lump sum at the end of the year before December 31.

It all depends on your personal circumstances and preferences. But there are pros and cons to each choice.

Take a lump sum early in the year and you don’t have to think about it again. But you miss out on any growth in a tax- deferred investment, and you’ll need to make an estimated tax payment for the quarter.

Take it out throughout the year and you’ll enjoy regular cash flow. This makes sense if you make quarterly tax payments, since you can time the RMD to cover the expense. There is a downside: you’ll have to make multiple estimated tax payments, one for each quarter when money was withdrawn. Miss a deadline and you’ll get hit with an interest charge.

Taking a lump sum late in the year allows you to skip having to make estimated quarterly tax payments and maximize the tax-deferred growth. If you don’t need the cash to pay expenses, this can be a good solution. But there’s a downside here too: if you forget to make the withdrawal in time, you’ll pay a penalty. And if the market dives during December, you may have to sell investments on the low side to gather cash for a withdrawal.

Which choice is best depends upon your personal situation, but most people don’t know about using RMDs to cover quarterly estimated tax payments. If you want to explore this, call me and I’ll be happy to discuss it in detail.

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Reference: yahoo! finance (September 21, 2025) “The 2025 Required Minimum Distribution (RMD) Deadline Draws Near. Should Retirees Make Withdrawals Now or Wait Until December”