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A Living Will is a legal document in which you state your wishes regarding future health care. While New York State does not have any statutes governing Living Wills, the Court of Appeals, New York’s highest court, has found Living Wills are valid if they provide “clear and convincing” evidence of one’s wishes. Generally, the Living… Read More »

What does it mean when you’ve been named as the executor of someone’s will? What are your responsibilities? How much of your time will be required? Will it cost you money? These are some of the questions that may come to mind when you find yourself thrust into the role of administering the estate of a… Read More »

Giannasca & Shook’s attorneys, Michael A. Giannasca & Brian L. Miller, are honored to be named among the Best of Poughkeepsie 2018. Call us at 845-293-6300 or click here to contact us online for all of your Elder Law and Estate Planning needs.   Congratulations to this year’s honored business! Featured in the Poughkeepsie Journal.

One of the commonly misunderstood (or perhaps unknown) issues to be considered with regard to the gifting/transferring of one’s property is the issue of “step-up in basis.” Internal Revenue Code §1014(a) provides that the cost basis of property for the person acquiring same from a decedent is the fair market value (FMV) of the property at… Read More »

While many people may have a general understanding that a durable power of attorney (POA) allows a person to appoint an agent to take care of their finances, various issues can arise if the POA is not properly prepared and/or executed. One such issue often arises regarding the Statutory Gifts Rider (SGR), which is essential for… Read More »

When someone begins to exhibit signs of Alzheimer’s or dementia – or perhaps even has a diagnosis of some type of cognitive impairment, they often turn to us – wondering if it’s too late to prepare estate plans and get advanced directives in place. To better understand what can and cannot be done, consider the… Read More »

Giannasca & Shook, PLLC is proud to sponsor Westchester County’s Senior Law Day, which will take place on May 18, 2017 (9:00 a.m. to 1:00 p.m.) at the Jefferson Village Community Center, located at 3480 Hill Boulevard, Yorktown Heights, New York.

Richard, an 81 year-old widower, has had his Will and advanced directive documents (Power of Attorney, Health Care Proxy and Living Will) in order for some time. His daughter, Beth, was named his Health Care Agent in his health care proxy. Of his children, she lived the closest and often accompanied him to doctors’ appointments… Read More »

Often, clients will inquire about obtaining a guardianship for a parent (or other family member) that they feel may need some oversight. This is usually prompted by what the children view as unsound decisions or unusual conduct on the part of the parent Very often, the parent is resistant to having a guardian appointed believing they… Read More »

The complexities attending second marriages often times require special attention, particularly if there are children from a prior marriage, significant age differences or medical conditions, or if one spouse has substantially more assets than the other. Like most people, you may want to assure your new spouse is provided for in the event you pass… Read More »