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Elder Law News

From Enea, Scanlan & Sirignano, LLP
October 2023

New York's Elder Law Team

We are thrilled to extend our heartfelt congratulations to associate Michael P. Enea, Esq. and his wife, Elizabeth, on the joyous occasion of their marriage. May this new chapter in their life be filled with love and happiness.

There are many uncertainties in life, a reality that makes estate planning – something that is within our control – even more essential. National Estate Planning Awareness Week is the perfect time to take action. It's in every adult’s best interest, regardless of age, to protect their assets and ensure their wishes are followed. Learn more about next steps at www.esslawfirm.com.

Avoid These Estate Planning Mistakes

By: Lauren C. Enea, Esq.

It is a common misconception that only the “uber rich” need an estate plan, when in actuality, everyone should have a plan. In fact, whether you plan, or not, you do have a “plan:” the difference is whether it is the plan you want, or one that New York Law decides for you based on the laws of the State. Here are five common estate planning mistakes and pitfalls to avoid!

Failing to plan and/or revisit your plan regularly. Failing to have any plan at all is probably the most common mistake. Statistically, only 42 percent of US adults have estate planning documents in place and only about 36 percent of parents with minor children have end of life plans in place. While we may at one time or another feel that estate planning is not necessary, technically everyone over the age of 18 should have a plan in place. This plan does not need to be complicated, it can start as a simple Will that indicates who is to receive your assets and who will be entrusted with handling your estate in the event of death, and should also include documents called advance directives that indicate who will handle medical (health care proxy) decisions and financial (power of attorney) decisions, if you were to become incapacitated and unable to make your own personal and financial decisions during your life. Once your plan is in place, it is equally as important to re-visit your plan regularly to confirm that beneficiaries are still alive and those you wish to inherit your assets and that the individuals you have chosen to handle financial and personal affairs are still as you wish.

Thinking a Trust will “over complicate” things or failing to fund a trust. Revocable and/or Irrevocable Trusts are excellent vehicles to avoid “probate” (which is the Surrogate’s Court process validating one’s Last Will and Testament and the Executor gaining access to funds held in one’s name alone after death) and to specify how funds are to be used and/or when they are to be distributed to beneficiaries. The use of a Revocable Trust as the center piece of your estate plan and the proper funding of said trust can eliminate the need for Probate of your Last Will and Testament.

Click HERE to Read More About Common Estate Planning Mistakes

Join the attorneys at Enea, Scanlan & Sirignano, LLP as they cover important elder law and estate planning topics. Each ninety-minute program will take place from 12-1:30pm at our White Plains location on the last Wednesday of the month. Light lunch and refreshments provided. Free and open to the public.

Our next program, "Understanding the Implications of Gray Divorce," takes place on Wednesday, October 25:

October 25 – Understanding the Implications of Gray Divorce: A divorce later in life often adds a level of complexity to the estate and tax plan process. Understand what potential complications may arise and how to address them – from division of assets and tax issues to estate and long-term care planning. Presented by Lauren C. Enea, Esq.

RSVPs are required as space is limited. To register for one or more free Lunch & Learn programs, please call our office at 914-948-1500.

Click HERE to Read More About the 2023 Lunch & Learn Series

Upcoming Speaking Engagements

Featuring the Attorneys of Enea, Scanlan & Sirignano, LLP

Wednesday, October 18, 2023 from 6:30-8:30pm
Anthony J. Enea, Esq. & Lauren C. Enea, Esq. will be speaking on
“Understanding Estate Planning: Wills and Trusts Demystified”
Hosted by: Columbian Lawyers Association, First Judicial District
Webinar
To register, please contact our office at (914) 948-1500.

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Wednesday, October 25, 2023 from 2-3pm
Stella King, Esq. will be speaking on
“What Happens When Someone Dies Without a Will?”
Hosted by: Tuckahoe Public Library
Webinar
To register, please visit: https://bit.ly/3rNK3nv.

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Wednesday, October 25, 2023 from 12-1:30pm
Lauren C. Enea, Esq. will be speaking on
“Understanding the Implications of Gray Divorce”
Hosted by: Enea, Scanlan & Sirignano, LLP
245 Main Street, White Plains, NY 10601
To register, please contact our office at (914) 948-1500.

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Thursday, October 26, 2023 from 11:30am-12:30pm
Stella King, Esq. will be speaking on
“Key Estate Planning Documents”
Hosted by: Gramatan Village
85 Pondfield Rd, Bronxville, NY 10708
To register, please contact our office at (914) 948-1500.

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Thursday, October 26, 2023 from 1:30-2:30pm
Lauren C. Enea, Esq. will be speaking on
“Accountable Aging: Preparing Yourself for the Elder Years”
Hosted by: Bronxville Public Library
201 Pondfield Rd, Bronxville, NY 10708
To register, please visit: https://bit.ly/3tjFL7J.

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Monday, November 6, 2023 from 1-2pm
Stella King, Esq. will be speaking on
“Key Estate Planning Documents”
Hosted by: Sleepy Hollow Seniors
55 Elm St, Sleepy Hollow, NY 10591
To register, please contact our office at (914) 948-1500.

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Tuesday, November 7, 2023 from 7-8:30pm
Sara E. Meyers, Esq. will be speaking on
“NY's New Medicaid Eligibility Requirements for Long-Term Care”
Hosted by: Chappaqua Continuing Education
Horace Greeley HS, 70 Roaring Brook Rd, Chappaqua, NY 10514
To register, please call (914) 262-7390.

Recent Blog Posts

Five Estate Elements for Guardians of Special Needs Adults

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Details to Include in Your Health Care Proxy

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Four Strategies for Medicaid Planning

The Talking Seniors podcast is currently on break.

Take a listen to some of the episodes from last season.

Episode 13: What to Discuss with Family When an Alzheimer's Diagnosis Occurs

Anthony J. Enea, Esq. interviews Joan Nimmo of The Alzheimer's Association about the important conversations that are necessary when a diagnosis of Alzheimer's occurs within the family.

Click to Listen to Episode 13

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