Anthony J. Enea

May 18, 2021

“If I have a will, I avoid probate, right?” This is a question I hear all too often and, unfortunately, the answer is more complicated then yes or no. Probate is the legal process that takes place when someone has a Last Will and Testament and passes away with assets titled to their name alone.

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As has been well documented, the current federal estate and gift tax exemption of $11.7 million per person is scheduled to sunset (expire) on Dec. 31, 2025. Unless the current exemption is made permanent on or before Dec. 31, 2025 (which is highly unlikely because of the present political ...

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All too often a client will tell me that they don’t believe they are wealthy enough to use a trust as part of their planning. Unfortunately, this belief is incorrect and a misunderstanding of the purpose and benefit of using a trust. Perhaps, the phrase “trust fund baby” has helped perpetuate the ...

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I am often asked about this topic by my clients, especially when they are alienated from and wish to disinherit a child or family member. When these types of situations arise, there are many steps you can take to avoid your Will from being contested by individuals who believe they are entitled ...

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For the past nine months I have received calls from individuals who are typically not motivated to engage in estate planning because of their age and belief that it will be many years before they need to confront their mortality. Sadly, Covid-19 has upset the proverbial apple cart on this belief.

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Westchester County elder law attorney Anthony J. Enea, member of Enea, Scanlan & Sirignano, LLP in Somers and White Plains, N.Y., is pleased to announce the launch of Talking Seniors, a new interactive podcast covering important legal and financial topics for seniors and their loved ones. The ...

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With the holidays fast approaching, many parents and grandparents will be deciding whether to make significant monetary and/or property gifts to their children, grandchildren and other loved ones. Some issues often raised in connection with the decision to gift are whether doing so will result in ...

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For many years New Yorkers were eligible for Medicaid home care services without worrying about the five (5) year look back period for non-exempt asset transfers (gifts), which is imposed for Medicaid nursing home eligibility. In essence, one could give away all of their savings and home without ...

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It is undeniable that the COVID-19 pandemic has had a significant and detrimental impact on the fiscal well- being of our local, state and federal government. Trillions of dollars in stimulus packages and huge budget deficits at all levels of government do not bode well for the future of the New ...

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It wouldn’t be an overstatement to say that the residents of New York’s nursing homes and assisted living facilities have felt the brunt of the ravages of the Covid19 Pandemic. For example, at the time of this writing it has been reported that approximately thirty-seven (37%) percent of the deaths ...

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The Covid-19 Pandemic caused an unprecedented disruption to life in America and in hundreds of countries worldwide. As with every crisis there are those who learn from the crisis and modify their behavior as a result thereof, and there are those who ignore the lessons to be learned from the crisis ...

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A parent will often make a promise to leave a specific item (furniture, artwork, jewelry, etc.) to a child or friend at the time of his or her death.  However, whether that promise will be fulfilled depends on a variety of factors. Sadly, the most important factor is often who enters the home or ...

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Activities of daily living (ADLs) are the activities we do on a daily basis that are considered the daily tasks of basic life. They are generally the following six activities: bathing, dressing, toileting, feeding, transferring (mobility) and cooking.  The above stated ADLs appear relatively ...

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The passage of the Setting Every Community up for Retirement Enhancement (SECURE) Act of 2019, effective Jan. 1, made a number of significant changes relevant to IRA’s, 401(K)s and other qualified retirement benefits.  However, within the SECURE Act there is one provision that is causing great ...

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We are fast approaching that time of year when many of us feel compelled to make resolutions that are often very difficult to keep. The most common are to exercise more, eat healthier and lose weight. While admirable, they are sadly often doomed for failure (trust me, I know!).  Contrary to the ...

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My clients and their families regularly tell me that their spouses and loved ones who are admitted to a nursing home or rehab facility regularly ask them… “When am I going home?”  It has been my experience that the vast majority of seniors would prefer to age in their own home rather than a ...

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