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Posts by Richard Shapiro

SECURE Act: Problem or Opportunity?

Secure Act: Problem or Opportunity?

On December 20, 2019, President Trump signed the Setting Every Community Up for Retirement Enhancement (SECURE) Act. The SECURE Act, which took effect January 1, 2020, is the most impactful retirement legislation of the past decade. The act repeals the age restrictions to traditional retirement accounts, meaning the age for required minimum distributions from retirement…

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Funding – the “Glue” of a Successful Estate Plan

Funding: The Glue of a Successful Estate Plan

When most people think about their estate planning, they usually focus on whether they should have a will or living trust as their primary estate planning document. This “debate” (which has raged in the estate planning community for years) misses a fundamental point: if assets are not owned by, or if beneficiary designations are not…

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Hudson Valley Farm Business: An Exciting Time

The Hudson Valley Farming Business: An Exciting Time

When I was growing up in western Orange County, I was never more than a stone’s throw away from a farm, and am thrilled to still live in an area where I can so readily enjoy their products. My grandparents and parents were great friends with longtime family farmers, as am I. I also am…

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Asset Transfers That Are Exempt From Medicaid Penalties

Asset Transfers That Are Exempt From Medicaid Penalties

Under the Medicaid “look back” rules, gifts made by a nursing home resident within the five-year period preceding the date of filing a Medicaid application are scrutinized by the Department of Social Services to determine the impact of those gifts on the applicant’s Medicaid eligibility. Contrary to common perception, however, not all asset transfers made during the look back…

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Why You Need a Certified Elder Law Attorney

Why do you need a certified elder law attorney?

The Certified Elder Law Attorney (CELA) certification has frequently been referred to as “the gold standard” for elder law and special needs practitioners. This reflects the hard work and proof required before an attorney can proudly proclaim that he or she holds the valued designation. Preparation for a CELA designation includes several steps and several…

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