• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to secondary navigation
  • Skip to footer

Before Header

Call us today for help!  (631) 265-0599
  • Facebook
  • LinkedIn
  • Twitter

Eghrari-Logo

Long Island Elder Law & Estate Planning

  • Home
  • Who We Are
    • About Our Firm
    • Meet Our Team
  • Resources
    • Client Resources
      • Definitions
      • Docubank
      • Elder Law Resources
        • Brentwood Elder Law
        • Central Islip Elder Law
        • Commack Elder Law
        • Hauppage Elder Law
        • Smithtown Elder Law
      • Estate Planning Resources
        • Estate Planning Check Up
        • Estate and Gift Tax Figures
        • Estate Planning Techniques
        • Estate Planning Worksheet
        • FREE Estate Planning Seminars
        • Long Island Estate Planning Resources
      • New York Medicaid Resources
        • Medicaid Planning Worksheet
      • Nursing Home Resources
      • Probate Resources
        • Brentwood Probate
        • Central Islip Probate
        • Commack Probate
        • Hauppage Probate
        • Smithtown Probate
        • Suffolk County Probate Resources & Checklist
      • Presentations
      • Retirement Planning Checklist
      • Trust Administration Resources
    • Elder Law Reports
    • Frequently Asked Questions
      • Business Planning
      • Estate Planning
      • Families Without an Estate Plan
      • Incapacity Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Reports
  • Estate Planning
    • Asset Protection & Business Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses
    • Incapacity Planning
    • Legacy Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Hospice Care
    • Medicaid Planning
  • Areas We Serve
    • Long Island
    • Nassau County
      • Oyster Bay
    • Suffolk County
      • Brentwood
      • Central Islip
      • Commack
      • Hauppauge
      • Smithtown
  • Blog
  • Contact Us

Mobile Menu

  • Home
  • Who We Are
    • About Our Firm
    • Meet Our Team
  • Resources
    • Client Resources
      • Definitions
      • Docubank
      • Elder Law Resources
        • Brentwood Elder Law
        • Central Islip Elder Law
        • Commack Elder Law
        • Hauppage Elder Law
        • Smithtown Elder Law
      • Estate Planning Resources
        • Estate Planning Check Up
        • Estate and Gift Tax Figures
        • Estate Planning Techniques
        • Estate Planning Worksheet
        • FREE Estate Planning Seminars
        • Long Island Estate Planning Resources
      • New York Medicaid Resources
        • Medicaid Planning Worksheet
      • Nursing Home Resources
      • Probate Resources
        • Brentwood Probate
        • Central Islip Probate
        • Commack Probate
        • Hauppage Probate
        • Smithtown Probate
        • Suffolk County Probate Resources & Checklist
      • Presentations
      • Retirement Planning Checklist
      • Trust Administration Resources
    • Elder Law Reports
    • Frequently Asked Questions
      • Business Planning
      • Estate Planning
      • Families Without an Estate Plan
      • Incapacity Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Reports
  • Estate Planning
    • Asset Protection & Business Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses
    • Incapacity Planning
    • Legacy Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Hospice Care
    • Medicaid Planning
  • Areas We Serve
    • Long Island
    • Nassau County
      • Oyster Bay
    • Suffolk County
      • Brentwood
      • Central Islip
      • Commack
      • Hauppauge
      • Smithtown
  • Blog
  • Contact Us

BLOG

Home / BLOG

What Is a HIPAA Release?

January 25, 2021 //  by Mark S. Eghrari, Estate Planning Attorney

The acronym HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. In this post, we will explain why this piece of legislation is something to take into consideration when you are planning your estate. Advance Directives for Health Care Everyone is well aware of the fact that you have to facilitate postmortem asset transfers when you put your estate plan in place. A lot of people think this is the long and short of it, but a proper estate plan will also address …

Category: Estate PlanningTag: HIPAA release, Incapacity Planning

capital gains tax

Do I Pay Capital Gains Taxes on Appreciated Assets?

January 18, 2021 //  by Mark S. Eghrari, Estate Planning Attorney

We are going to look at the guidelines for capital gains taxes on inheritances in this post. But before we focus in on that subject, we will provide a general overview of taxation as it applies to your estate. State and Federal Income Taxes Since the taxman always wants a piece of the pie, a lot of people assume that you would have to claim an inheritance as taxable income. In fact, this is not the case, and there is a rationale behind this arrangement. To explain through the use of a …

Category: Estate PlanningTag: capital gains tax, step up in basis

trust-administration

Do I Have to Report Living Trust Income?

January 14, 2021 //  by Mark S. Eghrari, Estate Planning Attorney

A living trust is a very effective estate planning tool that can be the right choice for a lot of people that assume they should use a will. We are going to explain taxes on living trust distributions in this post, but first, we will provide an overview of the advantages they provide. Total Control and Flexibility One of the reasons why many folks assume that they should not use a trust is because they are afraid of losing control of their assets. There are irrevocable …

Category: Estate PlanningTag: living trusts, taxes on inheritances

incentive trust

Are You Sure You Don’t Need a Trust (Part 2)?

January 11, 2021 //  by Mark S. Eghrari, Estate Planning Attorney

In our last entry, we explained three reasons why a trust can be a better choice than a will. We will complete the series here with three more scenarios that would call for the utilization of a trust. Reaction to Estate Tax Exposure We have a federal estate tax in the United States that packs a wallop with a 40 percent top rate. The exclusion is the amount that can be transferred before the estate tax would be applicable on the remainder. For the rest of this year, the exclusion is $11.58 …

Category: Estate PlanningTag: estate tax efficiency, incentive trust, QTIP trust

estate tax 33

2021 Federal Estate Tax Exclusion Update

January 4, 2021 //  by Mark S. Eghrari, Estate Planning Attorney

The federal estate tax looms large because it carries a heavy hitting 40 percent maximum rate. That’s the bad news, but there is some corresponding good news to go along with it. A small percentage of people actually have to pay the tax, because there is a robust credit or exclusion. It will increase in 2021 and we will provide that figure, but first, we will share some general information about this tax. Exclusion Changes The exclusion has changed dramatically over the last 20 years, …

Category: Estate PlanningTag: Estate Tax, gift tax

Seniors Will Get Social Security COLA Boost

January 4, 2021 //  by Mark S. Eghrari, Estate Planning Attorney

At the end of each year, the Social Security Administration releases updated parameters for the upcoming year. That time is upon us, and they have made the figures available. We will share them in this post, and in the near future, Medicare will follow suit. Come back to visit us, because we will pass that information along as well when it becomes available. Cost of Living Adjustment (COLA) for 2021 Seniors that are receiving Social Security benefits will receive a 1.3 …

Category: Retirement PlanningTag: Retirement Planning, Social Security COLA

nursing home costs

Are You Preparing for Future Nursing Home Expenses?

December 31, 2020 //  by Mark S. Eghrari, Estate Planning Attorney

When you are planning ahead for your retirement years, you make projections based on your anticipated living expenses. People take this process very seriously, but many folks completely overlook a very significant expense that can have a devastating impact. Anticipated Lifespan There is a tool on the Social Security Administration website that you can use to find out your life expectancy based on your age. If you plug in the numbers for someone that is turning 67 on this day, you will find …

Category: Elder LawTag: Medicaid Planning, nursing home asset protection

IRA inheritance planning

An Overview of IRA Inheritance Planning

December 28, 2020 //  by Mark S. Eghrari, Estate Planning Attorney

If you don’t need to use the money in your individual retirement account, you will naturally start to think about how it will fit into your inheritance plan. We will share all the important facts here, include a recent change that impacts IRA beneficiaries in a big way. Traditional vs. Roth IRAs The two commonly used individual retirement accounts are the traditional account and the Roth IRA, and the major difference between them is the timing of the taxation. When you have a traditional …

Category: Estate PlanningTag: IRA inheritance planning, SECURE act

estate plan

Did You Check These Three Estate Plan Boxes?

December 24, 2020 //  by Mark S. Eghrari, Estate Planning Attorney

There is more to the process of estate planning than the creation of a simple will. In fact, a trust can be a better choice as the centerpiece of your estate plan, but that’s a subject that we will tackle at another time. Even if you do use a will, there are some finer details that many people overlook, and we will look at three of them in this post. Letter of Last Instructions The executor acts as an administrator when a will is used as an asset transfer vehicle. This individual will …

Category: Estate PlanningTag: advance directives for health care, beneficiary designations, letter of last instructions

gift tax

Gift Taxes 101

December 21, 2020 //  by Mark S. Eghrari, Estate Planning Attorney

There is a federal estate tax in the United States that that can have a serious impact on your legacy, because it carries a 40 percent maximum rate. That’s the bad news, but the good news is that most people do not have to pay the tax, because it is only applicable on very large transfers. The estate tax credit or exclusion is the amount that can be passed along before the death levy is applied. At the time of this writing in 2020, the amount of this exclusion is $11.58 million. This figure …

Category: Estate PlanningTag: Estate Tax, gift tax, New York clawback provision

post f-image

Special Needs Planning and Medicaid Recovery

March 21, 2019 //  by Mark S. Eghrari, Estate Planning Attorney

Most individuals with special needs rely on Medicaid as a source of much needed health insurance. Since this program is only available to people with very sparse financial resources, there is an income limit. In the state of New York at the time of this writing, the limit on countable assets is just $15,450. If you have a loved one with special needs, you may want to utilize resources to make your family member more comfortable. The fact that there is this asset limit that governs Medicaid …

Category: Special Needs PlanningTag: Medicaid, SSI

living trust

Have You Considered a Living Trust?

March 12, 2019 //  by Mark S. Eghrari, Estate Planning Attorney

Many people are under the impression that a last will is the only logical choice as an estate plan centerpiece if you are not extraordinarily wealthy. In fact, this is a myth. If you utilize a last will, your loved ones will not receive their inheritances in a timely manner. The executor that is named in the document would be required to admit the will to probate, and the court would supervise the estate administration process. There is one caveat to the above statement here in New York. …

Category: Estate PlanningTag: Living Trust, Probate Avoidance

  • Go to page 1
  • Go to page 2
  • Go to page 3
  • Interim pages omitted …
  • Go to page 61
  • Go to Next Page »

Footer

Office Location

Eghrari Law Firm
50 Karl Avenue, Suite 202
Smithtown, NY 11787
Phone: (631) 265-0599
Fax: (631) 265-0754

See Larger Map
Get Directions

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 2:00 PM

Sign Up for Our Newsletter

Sign up to get our free estate planning newsletter for all of our tips and resources

  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Site Footer

ATTORNEY ADVERTISEMENT

Copyright © 2021 American Academy of Estate Planning Attorneys · All Rights Reserved