Berwitz & DiTata LLP Wins First Case Under New NYS Decanting Law
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Berwitz & DiTata LLP Wins First Case Under New NYS Decanting Law

What is “decanting” and why does this matter? Decanting is the legal term for transferring assets from one irrevocable trust to another irrevocable trust. Typically, when we think of irrevocable trusts, we think they cannot be changed – and that’s true. But, if an irrevocable trust is seriously flawed, decanting is the process that provides...

Guardianship Myths and Misconceptions
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Guardianship Myths and Misconceptions

Part of our practice, at Berwitz & DiTata LLP, is to represent Guardians who have been appointed under Article 81 of the Mental Hygiene Law. It is surprising how many well-intentioned Guardians are ignorant of their responsibilities. This can be really problematic. Here are some misconceptions that Guardians frequently have:   It is OK to...

Lessons Learned from Chadwick Boseman
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Lessons Learned from Chadwick Boseman

The premature death of “Black Panther” star Chadwick Boseman, a young actor who had such a positive impact on so many lives, serves as a sad reminder of the importance of estate planning.   Shortly before his death, Boseman married his long time fiancé.  Boseman’s marriage significantly affected the disposition of his estate.  When a...

Understanding your FDIC Coverage
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Understanding your FDIC Coverage

The FDIC (Federal Deposit Insurance Corporation) is an independent agency of the United States government created to protect depositors of FDIC insured banks and savings associations against loss due to the failure of the insured bank. It covers all types of deposits: checking, savings, money market and time deposits like certificate of deposits (“CDs”), dollar-for-dollar...

New York Medicaid Planning and Applications
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New York Medicaid Planning and Applications

Many of us fear that we may one day lose the ability to live independently and care for ourselves. When this occurs, the choices for most of us are nursing home care, assisted living or home care. In the greater New York area, depending on the level of care, nursing homes cost between $150,000.00 and...

Let’s Help Prevent Seniors From Falling Victim to Fraud
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Let’s Help Prevent Seniors From Falling Victim to Fraud

We hear about new scams every day. Some are easy to recognize but others are quite clever. Unfortunately, seniors are prime targets. If they have diminished capacity, they are even more vulnerable. Here are some things that seniors can do to protect against the widespread damage caused by identity fraud:   Telephone Scams – How...

Berwitz & DiTata LLP Implements “Young Families Program”
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Berwitz & DiTata LLP Implements “Young Families Program”

Estate planning is important for all adults. Our priorities change as we age, if we marry, if we have children or pets or aging parents, if we have loved ones with disabilities and, of course, when we retire. But an estate plan is something that each of us should have.   Younger individuals and/or newly...

Power of Attorney— Myths and Misconceptions
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Power of Attorney— Myths and Misconceptions

At Berwitz & DiTata LLP, we believe that lifetime planning is at least as important as planning for after death and that no plan is complete without a carefully drafted and thorough power of attorney. A power of attorney designates a person, called the agent, to make decisions and take responsibility for managing the principal’s...

For Readers Making Charitable Contributions in 2020
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For Readers Making Charitable Contributions in 2020

Last year, we advised our readers of a tax savings strategy that involved funding charitable contributions with their required minimum distributions or “RMDs.”  We wish to remind those who anticipate making charitable contributions before year-end to review our article entitled “The Benefits of Using Your IRA to Make Charitable Contributions.”  For your convenience, we have...