December - 2016

The Law Offices of

Matthew F Medaglia Esq.

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How to Disinherit an Heir

When creating a will, one of the first steps is to determine who your beneficiaries are. This can involve selecting who will inherit and, sometimes, determining who will not. You can disinherit a close family member for a variety of reasons. For example, some people disinherit a child because of a breakdown in the relationship, and other times they disinherit a potential heir because they have taken steps to care for the child in a different way, such as a life insurance poli

Who can be disinherited?

You can name almost anyone as a beneficiary to your will. A related question to who can be included as a beneficiary is who must be included in your will. People have many reasons for not including people in their will, leaving people token amounts, or expressly disinheriting them. Some of these reasons have to do with anger and hurt feelings, but often times, the reasons are not so negative. For example, sometimes a parent will disinherit a child who is successful in order t

How to Leave Assets to Your Children

Many parents want to pass on at least some of the assets they have accumulated during their lifetime to their children. But for every reason why a person would want to provide an inheritance to their child, there is a concern over how the inheritance will affect the child. The pros and cons of providing an inheritance are very specific to the situation. The age and responsibility of the child, the amount of the inheritance as well as the child’s work ethic and career can all

Keeping Your Child’s Inheritance Safe…From Your Child.

We are all human, we all make mistakes, and our children are no different. No matter their age, mistakes, or negative outside conditions, can occur that take a major financial toll. A marriage or business deal can go bad, the economy can take a bad turn, or a sudden illness could hit. That’s not to mention situations with children, usually younger children, who are just bad with money. If you gifted or willed assets directly to your child, any of these situations can lead

Do I need a DNR Order?

A do not resuscitate (DNR) order is a document that lets emergency personnel know that you do not want to receive cardiopulmonary resuscitation (CPR) and advanced cardiac life support (ACLS) if your breathing stops or if your heart stops beating. DNR orders are different from living wills in a number of ways. A living will is a legal document that states your wishes and beliefs about end of life care. A DNR order is a medical order which your doctor signs. Also, while a livin

What is the Family Health Care Decisions Act, and How Does It Affect Your Estate Planning?

In 2010 Governor Patterson signed the Family Health Care Decisions Act (FHCDA) into law. The purpose of the FHCDA was to allow the family members of an incapacitated adult person to make medical decisions for that incapacitated person, even without the presence of a completed health care proxy or living will. Before the FHCDA, New York only allowed an agent or surrogate to make a health care or end of life decision for an incapacitated person if that person had previously use

Who Can I Name as a Beneficiary in My Will?

When creating a will, one of the first considerations that people have is who to name as the beneficiaries. A beneficiary to a will is a person or organization you choose to leave your assets to. For some people, this is a simple decision. Many clients choose to leave everything to a spouse, or evenly divided amongst their children. For others, choosing their beneficiaries can be a bit more complicated. This is especially true with blended families, larger estates and complic

Who Should Have a Health Care Proxy?

Under normal circumstances, if you become ill or injured, you will talk to your doctors, research your medical options, weigh the pros and cons of each option, and make an informed decision on your healthcare. But what if circumstances are not normal? If you become unconscious or otherwise unable to make your own health care decisions, then the existence of a Health Care Proxy becomes extremely important. What is a Health Care Proxy? A Health Care Proxy form allows you to app

Should I Create a HIPAA Authorization?

Congress designed and passed The Health Insurance Portability and Accounting Act (HIPAA), specifically the Privacy Rule, to safeguard people’s health and medical records. The act attempts to ensure that our medical information stays confidential by imposing large penalties on doctors and medical facilities who release medical information without permission. These harsh penalties have made medical providers very wary of sharing any of your medical information, even with your c

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