On December 20, 2017, Congress passed a comprehensive tax reform bill, the 2017 Tax Cuts and Jobs Act (TCJA), which President Trump signed into law two days later. It was effective on January 1, 2018 and will automatically expire on December 31, 2025. After that date, the rules for individuals revert back to the pre-existing...
Year: <span>2020</span>
How Do I Encourage My Elder Parent or Loved One To Take Necessary Steps?
Encouraging an elderly parent or loved one to undertake estate planning is a sensitive topic. Many of our clients have described feeling awkward or believing that their motives were in question. Yet learning about our loved ones’ legal and financial affairs can help prevent serious problems later. Think about the issues you want to...
Changing IRA Distributions and Loans
We previously reported about the drastic changes the SECURE Act, which became effective in January 2020, will have on retirement accounts and estate plans. The coronavirus has also impacted retirement accounts. The “Coronavirus Aid, Relief, and Economic Security Act” (CARES Act), which was signed into law on March 27, 2020, among other important provisions, postpones required...
Spring Cleaning
Spring is the time of year when we customarily remind our clients and friends to think about their estate plans and we encourage them to take the steps to ensure that their estate planning documents truly reflect their current wishes and needs. This is just as relevant today as it has ever been. While we...
Changes in New York Medicaid Benefits
While New York has been grappling with the coronavirus and is focused on this crisis, our legislature passed a new budget. As might be expected, because New York is facing huge deficits, major cuts were put into effect. Unfortunately, one of the programs which was drastically affected and is now facing major changes is Medicaid....
Considerations Before Removing a Loved One From a Nursing Home or Other Facility
We all know how hard the greater New York metropolitan area has been affected by COVID 19. Nursing homes and assisted living facilities have been grappling with its spread among residents and staff. They have closed their doors to visitors and instituted other measures that have the affect of isolating residents from each other and...
Facility Prisoners
Perhaps the most tragic outcome of coronavirus is that our loved ones are becoming “facility prisoners” because they are unable to receive visitors and, in some circumstances, are confined to their rooms to prevent the spread of the virus within the facility. Being cut off from family can be disorienting and depressing. And if one...
Time to Revisit Trusts
If you are reviewing your estate plan, it may be time to consider whether a Trust is right for you. A Trust can be implemented, or later amended, without the need for witnesses or the formalities involved in the execution of a Last Will and Testament. Both a Last Will and Testament and a Trust...
Remote Notarization and Witnessing
Among the flurry of changes that occurred in the past weeks, was the issuance of Executive Orders which permit, temporarily, notaries and witnesses to carry out their functions remotely through audio visual technology. While there may be some circumstances in which remote witnessing is essential, at Berwitz & DiTata LLP, we encourage you to let...
Your Health Care Proxy — Make It Work Harder For You
Signing your health care proxy is just the beginning. Don’t stop there if you want it to protect you to the fullest. First, speak to the person whom you have selected to serve as your agent. Tell your agent that you have appointed them to this important role. Describe the circumstances under which they will...