Coughlin & Gerhart, LLP
Main Navigation

Posts tagged "Trusts"

How will the Secure Act affect wills and trusts?

The Secure Act was signed into law on Dec. 20. It offers expanded rules and incentives that aim to benefit part-time employees, and it will enable the owners of small firms easier ways to provide retirement plans to workers. The signing of this Act also affects the way people in New York and across the country deal with wills, trusts and other estate planning concerns.

Don't lose sight of digital assets when drafting wills and trusts

Everything related to computers and the internet play essential roles in the lives of people nationwide, including New York. For that reason, it is crucial not to lose sight of digital assets when drafting estate plans to deal with wills and trusts. Surviving loved ones will need access to essential documents and information related to digital assets.

Trusts or wills -- which are best to ensure proper care for pets?

For many New York families, their pets are like children. When they consider estate planning, they naturally include their beloved pets in those plans to ensure proper care. Are wills the most appropriate way to address these issues, or should they establish pet trusts instead?

Ed Norton files premises liability claim after fire on movie set

After several lawsuits were filed against Ed Norton's production company, Class 5, the actor and director now claim that the owner of the New York building in which a fire broke out last March is responsible. This premises liability lawsuit follows a fire that broke out in the basement of the building where filming on "Motherless Brooklyn" took place. It led to a firefighter's death and severe property damage.

Trusts are like specialized tools added to a toolbox

Investors in New York might know how they would prefer to have their assets distributed after death, but they might have questions about the most appropriate way to plan it. One way to do this is by adding trusts to their estate planning, similar to adding a specialized tool to a toolbox for a specific purpose. The specifications of an irrevocable trust cannot be modified, but a revocable trust can be modified as often as the grantor wants during his or her lifetime.

Revocable trusts: Valuable in planning for blended families

The circumstances and dynamics of each New York family are unique, and so are their estate planning requirements. Fortunately, tools such as revocable trusts are available to meet the needs of all. They are particularly useful for blended families in which both parties come into the marriage with their assets and children from previous relationships, and children might be born in the new union.

Trusts might be the ideal protection for inheritances in divorce

With many marriages in New York and other states ending in divorce, it is only natural for parents to want to protect their children's inheritances from being subject to property division in a divorce settlement. Some parents find that establishing trusts is the most appropriate way to do this. Including a trust in estate planning can provide peace of mind to a parent who wants his or her child to have something on which to fall back if the marriage should end.

Is there a difference between living trusts and revocable trusts?

People in New York who want to get their affairs in order by establishing estate plans might have questions about the available options. What is the purpose of creating trusts, and what are the differences between living and revocable trusts? Is an irrevocable trust perhaps the suitable option? Setting up a trust is a way of protecting assets, and appointing a trustee to manage them after the owner's death or incapacitation.

Trusts can provide for surviving loved ones -- even for pets

Pets have become loved ones of many New York families, and making sure they will continue to receive loving care if their owners should die or become incapacitated is something that can form part of estate planning. Trusts can be set up for dogs, cats, hamsters, birds, lizards, snakes, turtles and other pets -- not to forget a beloved horse or pony. A pet trust can ensure that funds are available for routine and emergency veterinary care, boarding, feeding, grooming costs and more.

Special needs trusts can ensure care for a disabled child

New York parents may have concerns about children with special needs who might outlive them. Naming a disabled child as a beneficiary in a will may not be the best option because it could jeopardize that person's eligibility for government support programs. Medicaid, Supplemental Security Income and other government programs like subsidized housing and job training typically have restrictions on the income of disabled individuals. However, parents can establish special needs trusts by which they can earmark assets to provide support before and after their deaths.

© 2020 by Coughlin & Gerhart, LLP All rights reserved. Attorney advertising. Prior results do not guarantee a similar outcome.