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  • Do You Really Need A Revocable Trust?

        By Martin Glass, Esq. E-mail Marty Published in the Hauppauge Reporter, February 2017 February 27, 2017 For many years now I’ve heard many attorneys tout the virtues of revocable or “living” trusts over Wills.  But, with the added expense, is the trust really necessary?  In many cases, no!  Now don’t get me wrong, there are many times when a revocable trust is the way to go, but there should be a need for it, not just a knee-jerk reaction or a scare tactic. Below are several reasons that I’ve heard many attorneys give to get you to create a revocable trust as the primary method for disposing ...

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    Saturday, February 25th, 2017

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  • Hospital Patients Are Entitled to Admission Status Information

    By Marty Glass, Esq. Email Marty December 20, 2016 Last year, President Obama signed the Notice of Observation Treatment and Implication for Care Eligibility Act (better known as the “NOTICE Act”).  The NOTICE Act became effective on August 6, 2016.  It may not seem like a big deal, but the Act requires hospitals to inform patients whether the patients have been admitted to the hospital on “inpatient” status versus “observation” status. When a doctor admits a patient to a hospital, the patient and patient’s family members normally assume that the patient has been “admitted” to the hospital as an inpatient.  This is usually true ...

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    Tuesday, December 20th, 2016

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  • Estate Planning and Estate Tax Forecast

    By Marty Glass, Esq. Email Marty November 28, 2016 Well, the election has come and gone.  What does that mean in terms of estate planning and estate tax? As a quick review, the current federal estate tax exemption is $5.45 million and is scheduled to increase to $5.49 million as of January 1, 2017.  Each year it goes up a bit as it’s indexed by inflation.  This means that there is only federal estate tax for any transfer of wealth above the exemption.  I say it that way because it also includes any gifting that you’ve done (above the $14,000 exclusion) during the course ...

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    Monday, November 28th, 2016

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  • Changing a Beneficiary After Death

        Published in the Hauppauge Reporter, December 2016 By Martin Glass, Esq. E-mail Marty October 26, 2016 Whether we’re talking about named beneficiaries on a brokerage account or beneficiaries in a Will, there is a way to change them – even after death. Perhaps getting an inheritance now could be a problem for you.  It could be for tax reasons or because you’re about to go through a nasty divorce and don’t want the inheritance thrown into the mix.  Or it could just be because you’re fairly well off and you’d like your siblings to inherit more. One way to accomplish this is by the use of a ...

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    Wednesday, October 26th, 2016

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  • When is Dementia Not Dementia?

    By Martin Glass, Esq. E-mail Marty September 26, 2016 Over the years I have seen many articles on how to spot signs of dementia in the elderly.  I’ve probably even written a few of those articles.  As an attorney with a focus on elder law and estate planning, the topic of dementia comes up often in my practice. These articles discuss the obvious signs, such as forgetting things.  Not remembering where you put your car keys is one thing.  Not remembering what those keys are used for is something else.  Not remembering what you had for breakfast yesterday is ok.  Not remembering if you ...

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    Monday, September 26th, 2016

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  • What to Do When a Loved One Dies

    By Martin Glass, Esq. E-mail Marty July 25, 2016 Of course, it’s always tough when a loved one dies.  It’s already emotionally draining, but if you are immediate next of kin and/or the named Executor, there’s even more stress.  Depending on the complexity of the estate, there could be an enormous amount of work required to handle the person’s estate. A few things should be done as soon as possible.  If there is a house or property, that means changing the locks if necessary.  It’s your job to protect the estate.  The next biggest thing is to find and gather documents.  Hopefully there’s a ...

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    Monday, July 25th, 2016

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  • Recognizing and Avoiding Elder Scams and Abuse

    By Martin Glass, Esq. E-mail Marty June 22, 2016 A scam is defined as a fraudulent scheme, especially for making a quick profit, and (if severe enough) can be considered financial abuse by the Suffolk County District Attorney’s Office.  Unfortunately, our seniors are the most vulnerable to this type of abuse. There are many types of scams out there, but almost all of them are done by either mail or phone.  In one common scheme, someone calls, usually with a lot of background noise, and says that it’s the senior’s grandson.  He says that he’s in some foreign country and has just been arrested.  ...

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    Wednesday, June 22nd, 2016

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  • I Need an Estate Plan – Part Four

    By Martin Glass, Esq. E-mail Marty May 23, 2016 The first three parts of this series have been about the various advanced directives, i.e. Power of Attorney, Health Care Proxy, and Living Will.  These are all very important documents but they also become null and void upon your death. That’s where your Last Will and Testament (the “Will”) comes in.  If you don’t write and execute a Will, New York has a default Will set up for you.  For those technical people, it’s mainly in the Estate Powers and Trusts Laws (“EPTL”) 4-1.1.  If you don’t like what the law says, you need to ...

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    Monday, May 23rd, 2016

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  • Talking to Someone with Dementia

    By Martin Glass, Esq. E-mail Marty April 25, 2016 This month I’m going to take a break from the series I’ve been doing to talk about talking.  Sometimes it’s hard enough to talk to someone without them misunderstanding what we’re saying. If you’re trying to talk to someone with dementia, it’s twice as hard (if not more).  But there are certain things that you can do to help the conversation and stop yourself from becoming totally frustrated. One of those things is to always identify yourself.  It may sound silly, but your loved one may not always remember exactly who you are.  My mother has ...

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    Friday, April 22nd, 2016

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  • I Need an Estate Plan – Part Three

    By Martin Glass, Esq. March 21, 2016 “Hi, I need to get a Power of Attorney for my dad.”  You would be surprised how many times I get that call.  A daughter or son calls and wants me to prepare a “simple” power of attorney for their parent.  But before anything else, I try to find out why the parent isn’t calling.  Many times it is just that Mom or Dad asked their child to handle things. But, there are times when the child tells me that Dad can’t handle his finances anymore.  Maybe the parent has advanced dementia.  I have no idea.  ...

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    Monday, March 21st, 2016

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