Why Do I Need an Advanced Healthcare Directive?

An advanced healthcare directive - also known as a living will - is a legal document in which a person lists the specifics of medical care and comfort actions they desire, should the individual no longer be able to make decisions for themselves due to illness or incapacity.

What Should I Know about Guardianship?

One of the key functions of the family law system is to ensure that children are looked after appropriately. This is the basis for the doctrine of legal guardianship.

Does Artwork Belong in a Charitable Remainder Trust?

May 5, 2020
Bill O’Leary, Esq.
Asset Protection, Elder Law, Estate Planning

Instead, they placed the items in a charitable remainder trust, received a tax deduction for part of the value, received income from the trust and then gave a sum to a charity of their choice.

Rules for the HIPAA Waiver Relaxed?

May 1, 2020
Bill O’Leary, Esq.
Estate Planning, Probate and Estate/Trust Administration

Under the temporary enforcement waiver, OCR won't impose penalties for disclosure of protected health information, if the business associate makes good-faith use or disclosure for public health activities and informs the covered entity within 10 business days.

A Good Move to Make during the Pandemic

April 27, 2020
Bill O’Leary, Esq.
Asset Protection, Business Planning, Elder Law, Estate Planning, Power of Attorney, Probate and Estate/Trust Administration

The COVID-19 crisis isn't just costing Americans their freedom and jobs; it's also forcing millions to contemplate their own mortality.

Do I Need to Be Wealthy to Set Up a Trust?

April 22, 2020
Bill O’Leary, Esq.
Asset Protection, Business Planning, Elder Law, Estate Planning, Life Insurance, Power of Attorney, Probate and Estate/Trust Administration

If you've heard of trust funds but don't know what they are or how they work, you're not alone. Many people know just one key fact about trust funds: they're set up by the ultra-wealthy as a way to protect passing on significant sums of money to family, friends or entities (charities, for example) after they pass away.

Why Is Estate Planning more Complicated with a ‘Gray Divorce’?

April 15, 2020
Bill O’Leary, Esq.
Asset Protection, Elder Law, Estate Planning, Long-Term Care Planning, Power of Attorney, Probate and Estate/Trust Administration

Rising divorce rates among Americans over the age of 50 are causing more conflict in estate planning, new data shows. According to a recent survey by TD Wealth, up to 40% of financial planners say that rising gray divorce rates are leading to an increase in family strife with estate planning as the top conflict.

How Do I Revoke a Trust on My Home?

I want to revoke my trust on my house. How much would this cost? I need to do this quickly and don't know how to go about it.

Can My Heirs Be Handcuffed with an Annuity?

Lifetime income annuities, like Single Premium Immediate Annuities (SPIAs) and Deferred Income Annuities (DIAs), are irrevocable contracts with no liquidity. You will get all of your money back if structured properly at the time of application, but it will be in payment form.

Coronavirus News Should Make You Think about Estate Planning

April 2, 2020
Bill O’Leary, Esq.
Asset Protection, Elder Law, Estate Planning, Power of Attorney, Probate and Estate/Trust Administration

Nobody likes to think about their own mortality, and that's why so many people go without basic estate planning documents. Often, an event like the coronavirus can be the kick in the pants you need to get your affairs in order.