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Brooklyn Probate & Estate Administration Law Blog

Can divorce cause PTSD?

The end of a marriage is considered to be one of the most stressful life events a person can experience. In fact, one stress scale puts divorce second only to a spouse's death when it comes to inducing stress.

Some mental health professionals assert that divorce can in some cases lead to trauma or even post-traumatic stress disorder (PTSD). Others say that PTSD can really only result from either "something life-threatening or a threat to bodily integrity," as one clinical psychologist put it.

Budget shortfall to cripple immigration agency

If you are an immigrant living here in New York City who is seeking a green card, citizenship or asylum, you may soon face a setback in your quest. Due to a lack of funding, the US Citizenship and Immigration Services (USCIS) has issued over 13,000 of its employees furlough notices.

Important sections of the country's immigration system will see a dramatic reduction in their capabilities unless Congress acts to provide emergency funding to the agency's budget prior to Aug. 3. The furloughs could last for as long as 90 days if the budget doesn't get a boost during this crisis period. USCIS receives most of its funding via applications for immigration benefits.

What types of fraud can necessitate a will contest?

One reason that people need to contest a will is fraud. However, there are different types of fraud. Let's look at three common types.

Fraud in the inducement: This is where a testator (the person writing the will) disposes of their property or revokes a will and makes a new one based on a lie someone told them to benefit themselves.

How do you co-parent with someone you hate?

You knew that your ex was always going to be in your life since the two of you have children. However, you thought they'd be easier to tolerate when you didn't have to be around them all the time. Unfortunately, they're just as infuriating as ever -- maybe more so since you have less control over how they parent your kids.

You want to find a way to co-parent with your ex despite your feelings toward them. You know that's best for your children. But how do you do it?

Important Changes to New York Medicaid

New York has included in the 2020 State budget Bill significant changes to New York's Medicaid rules for Community Medicaid (Home Case) benefits, making it harder for New Yorkers to obtain Medicaid benefits for long-term care.

How might immigration issues impact child custody

Child custody matters can be rather challenging to navigate, but for immigrants in the United States, they are even more complicated. There is a fine balance that the court has to consider when it's trying to determine what needs to happen with the children. This is difficult when both parents are citizens, but adding in an undocumented immigrant or an immigrant who might opt to leave the country after the divorce makes it even harder.

There are several things that the court must consider when trying to make decisions about child custody. Understanding these might help individuals in this position to determine how to proceed with their case.

A pooled trust could help you qualify for Medicaid

You've been living in New York for years, and you're getting up in age. You want to make sure you can stay where you are and enjoy your retirement from the comfort of the home you've made there.

Living in New York costs a fortune. If you have to go on Medicaid, you're concerned that you may have to give up the quality of life that you've become used to. Is that really the case?

How an estate plan helps your loved ones

If you've been postponing putting an estate plan in place, you're not alone. No one enjoys thinking about what will happen after they're gone. However, estate plans typically are largely for the benefit of those left behind -- or those who have to make decisions if a loved one is incapacitated.

Developing an estate plan, whether it's a simple will or you include a trust and/or other documents, can help your family and other loved ones in a variety of ways. With a good estate plan, you can:

  • Lessen the chances of family conflict or challenges to the estate. By having a detailed estate plan and also giving your family an idea of what to expect, they're less likely to question your wishes.
  • Minimize involvement by the courts. If you die without a will ("intestate"), the law determines how your estate is divided. You can also take steps to keep your estate out of probate court, which will make things easier, less expensive and more private for your family.
  • Provide uninterrupted support for those who need it. If a child, spouse, parents or others rely on you for financial support, you can help ensure through your estate plan that they will continued to get that support.
  • Help minimize taxes. A well-crafted estate plan can keep your loved ones from having to pay estate and gift taxes.
  • Ensure that your business keeps running smoothly. If you own a business, having a succession plan, including someone whom you've prepared to carry on the business for you, can minimize the impact of your death on the business and your employees.

How parents can prevent sibling rivalry during their divorce

Parents who are divorcing typically are thankful that their children have each other to turn to for support. They may hope that petty sibling squabbles will be set aside and their kids will become even closer amidst their parents' break-up.

All of that can happen. However, in some cases, parental divorce only exacerbates sibling rivalries.

Plan for your children in case something happens to you

Once you have a child, most of your decisions will center on what's best for the baby. You must ensure that you're making decisions in their best interests. One thing that some parents forget about is planning for the future. As a new parent, you must get an estate plan established so that your child has the benefits it provides if something happens to you.

There are a few things that you have to think about when you're getting this together. It surprises some parents that an estate plan is not only intended for use after they pass away. The estate plan will also cover what needs to happen if they become incapacitated.

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