Pope Law Firm, PLLCBuffalo New York Lawyer | Pope Law Firm, PLLC | Williamsville Attorney2026-07-23T19:06:53Zhttps://www.lawonly.com/feed/atom/WordPressOn Behalf of Pope Law Firm, PLLC<![CDATA[3 key ways you can use a trust in your estate plan]]>https://www.lawonly.com/?p=476772026-07-23T19:06:53Z2026-07-23T19:06:53ZA trust can be an important part of your estate plan. You can put funds into a trust and then leave instructions for the trustee regarding how they can use those funds for your specified beneficiary.
There are many different ways that you can do this, and every situation is unique. It is important to consider exactly what will work best for you, your family and the beneficiary. Below are just three examples to keep in mind.
1. Delaying the inheritance
For one thing, with young beneficiaries, you may want to delay the inheritance. You can state that they can only access the funds in the trust once they reach a certain age. If a beneficiary is only 18, for instance, you could delay their access until age 25 or 30.
2. Protecting certain benefits
If a beneficiary receives government benefits, then it can be helpful to use a special needs trust. Because the trust owns the funds, the beneficiary can still pass a means test and keep their benefits. Giving them the inheritance directly could disqualify them.
3. Rewarding specific behaviors
A trust can also be used to reward a beneficiary for reaching certain goals or behaving in a certain way. For instance, you could set up a trust that they can access if they graduate from college. You could also authorize distributions from the trust based on professional success, such as saying that they can make annual withdrawals, but they can only take out as much as they earned that year. This gives them an incentive to reach these goals.Again, these are only three examples, and you can use a trust in many different ways. It can help to work with an experienced attorney as you determine what will be right in your situation.
]]>On Behalf of Pope Law Firm, PLLC<![CDATA[Estate planning: Getting your social media accounts ready]]>https://www.lawonly.com/?p=476752026-07-15T04:01:43Z2026-07-15T04:01:43ZModern estate planning involves much more than deciding who will receive your home, bank account or family heirlooms. The realities of the Digital Age have driven a pressing need for all adults – yourself included – to consider their digital footprint when estate planning.
Many people spend years building an online presence through social media accounts, and those digital assets deserve attention as part of a comprehensive estate plan. Platforms may contain thousands of family photographs, videos, personal messages and memories that loved ones would want to preserve. Business owners, influencers and professionals may also operate accounts that generate income or contribute to a brand's value.
Planning effectively
Taking an inventory of your accounts is a good way to start taking executive notice of this concern when estate planning. Social networking platforms, professional networking profiles, video-sharing accounts and messaging services should all be addressed. Keeping a secure record of account names and access information can make administration much easier for loved ones later.You’ll also want to consider that many social media companies now offer tools that allow users to make decisions in advance about what will happen to their accounts after death. Some platforms permit users to designate a legacy contact who can manage certain aspects of an account, while others allow users to request account deletion upon death. Reviewing these options with a skilled legal team can help you to better ensure your wishes are followed later. It is also important to decide whether you want your accounts memorialized, transferred or permanently deleted. Some families appreciate having an online space to share memories and condolences, while others prefer to close accounts in the interests of privacy.You have likely spent much time on your social media platforms. It is now important that you take some time to consider how you want them to be addressed when you’re gone. ]]>On Behalf of Pope Law Firm, PLLC<![CDATA[Can you put digital assets in your will?]]>https://www.lawonly.com/?p=476742026-07-01T09:51:45Z2026-07-01T09:51:45ZDigital assets are far more common in 2026 than they were for previous generations. Americans spend millions of dollars annually on things that they do not own in any physical sense.
This can get a bit complex when making an estate plan. There are some situations in which you can include digital assets in your will, but there are other situations in which you cannot. It all depends on the type of asset that you have purchased and the goals of your estate plan.
Cryptocurrency and financial assets
One example of a digital asset is cryptocurrency, which is often treated as an online currency. It can be purchased with real money, and its value can trend up or down, similar to stocks.Often, you can include cryptocurrency in your estate plan. You should specifically note the beneficiary who is going to receive that asset when you pass away. This is the same as leaving them ownership of a bank account or an investment portfolio.You do not necessarily need to include all of the specific details in your estate plan, but you should be sure to give that beneficiary the necessary passwords and login information to access the account.
Digital products
When it comes to digital products like movies, television shows, music or video games, however, you may not be able to include them in your estate plan. The issue is that you often do not own the digital products in the first place. If you purchased a movie online, the fine print in the contract may say that you have just purchased a license to watch that movie, but you are not allowed to transfer it to anyone else.Digital assets can make estate planning more complex, which is why it is so important to work with an experienced attorney while setting up your plan.
]]>On Behalf of Pope Law Firm, PLLC<![CDATA[Does a beneficiary get their inheritance immediately?]]>https://www.lawonly.com/?p=476732026-06-19T23:57:24Z2026-06-19T23:57:24Zpayable-on-death (POD) account. This type of account generally skips probate, and the beneficiary becomes the new account holder once it is clear that the original owner has passed away. With a little planning, a person can speed up how fast an heir or other beneficiary receives an inheritance.
A beneficiary’s inheritance can be intentionally delayed
There are times when someone doesn’t want a beneficiary to have access to their inheritance immediately. They can do it by putting it into a trust.
For instance, perhaps an elderly person has a beneficiary who is a 19-year-old college student. If they feel that person was too young to receive an inheritance, they could put it in a trust stipulating that it will only be released when the beneficiary reaches a certain age. It is even possible to designating multiple ages, such as saying that they get a third of their inheritance at 21, another third at 25 and the final third at age 30.
While going through the estate administration and probate process, it is important to carefully consider how the estate plan was constructed. Beneficiaries and other parties involved need to know what legal steps to take at this time.]]>On Behalf of Pope Law Firm, PLLC<![CDATA[How a living trust can help you avoid probate in New York]]>https://www.lawonly.com/?p=476722026-06-17T08:27:46Z2026-06-17T08:27:46ZIf you are worried about your family facing months of court delays and legal fees after you pass away, a living trust may offer a practical solution. Probate in New York can take significant time and money, and many people want to spare their loved ones that burden. Understanding how a living trust works can help you decide whether it fits your estate planning goals.
What a living trust does
A revocable living trust allows you to transfer ownership of your assets from your name into the trust while you are alive. You typically act as the trustee, so you keep control over the property. You can buy, sell or spend trust assets the same way you would if they were still in your name.Because the trust technically owns the property, those assets are not part of your probate estate when you die. This means they generally do not have to pass through New York's Surrogate's Court.
Why this matters for your family
Probate can take months and sometimes years, especially if anyone disputes the will. During that time, beneficiaries may not have access to funds or property they are entitled to receive. A living trust can shorten that timeline considerably:
Faster access to assets: trust property can often reach beneficiaries within weeks instead of months.
Lower costs: avoiding probate can reduce executor commissions and certain legal fees.
More privacy: wills become public record once filed, but trust terms generally stay private.
These benefits depend on the trust being set up and funded correctly. New York law specifically allows a lifetime trust to be created for purposes including probate avoidance under NY EPTL § 7-1.14.
The funding step people often miss
A trust only works if you actually transfer assets into it. This means retitling property, accounts and deeds into the trust's name rather than your own. Skipping this step is one of the most common reasons a trust fails to avoid probate as intended.
Bringing it together
A living trust can let you keep control of your assets during your lifetime while helping your family skip the probate process later. The key steps involve creating the trust correctly and funding it by transferring your assets into its name. This matters because a properly funded trust can save your family time, money and stress during an already difficult period.]]>On Behalf of Pope Law Firm, PLLC<![CDATA[Nursing home planning for married couples ]]>https://www.lawonly.com/?p=476702026-06-04T17:55:13Z2026-06-04T17:55:13ZMany married couples spend years planning for retirement, but give little thought to the possibility that one spouse may eventually require nursing home care. Long-term care costs can be substantial, and without proper planning, those expenses may place a significant strain on a family's finances.
Thankfully, nursing home planning allows married couples to prepare for these possibilities while protecting assets and maintaining financial security for a healthy spouse.
A complicated effort that is worth making
Nursing home expenses can quickly consume savings, retirement accounts and other assets if no plan is in place. Many people mistakenly believe that Medicare will cover extended nursing home stays, but Medicare generally provides only limited coverage under specific circumstances. As a result, many families eventually look to Medicaid for assistance with long-term care costs.Medicaid eligibility rules can be complicated, especially for married couples. Fortunately, federal and state laws include protections designed to prevent a healthy spouse from becoming impoverished when the other spouse requires nursing home care. These rules may allow the spouse who remains at home to retain certain assets and income while the other spouse qualifies for benefits.Early planning is often most helpful. Couples may benefit from reviewing their assets, income sources, insurance coverage and estate planning documents with a skilled legal team long before nursing home care becomes necessary as a result. Waiting until a health crisis occurs can limit available options and create unnecessary stress.Nursing home planning is not simply about protecting money. It is also about preserving dignity, maintaining choices and reducing uncertainty during difficult periods of life. A thoughtful plan can help ensure that both spouses receive the care and financial protection they need.
]]>On Behalf of Pope Law Firm, PLLC<![CDATA[Selecting an appropriate successor trustee]]>https://www.lawonly.com/?p=476682026-05-21T18:21:23Z2026-05-21T18:21:23Zsuccessor trustee takes over their role administering the trust.
For those concerned about their financial stability later in life for the preservation of their legacy after they die, the selection of the right successor trustee can have a profound impact.
Who can manage trust resources?
Grantors establishing trusts need to consider the relationship they have with potential successor trustee candidates. A person's financial responsibility, honesty and organizational skills are all important considerations.
Age and health are also factors that may influence the best person to name as successor trustee. Grantors generally want to choose candidates who are young enough to assume trust administration responsibility years later when the grantor declines due to advanced age or dies.
They likely also want to ensure that they select someone who has the time and ability to manage trust resources and the emotional tenacity to handle any conflicts that might arise during trust administration. The willingness of people to service trustee is also a factor that can influence the best option.
The selection of the right successor trustee can help grantors feel more confident about preserving their legacy and ensuring the proper management of their trust. Reviewing a list of candidates, and also the assets that may fund the trust, with a skilled legal team can help people as they establish trusts.]]>On Behalf of Pope Law Firm, PLLC<![CDATA[What happens to the things you forgot to include in your estate plan?]]>https://www.lawonly.com/?p=476672026-05-08T21:41:44Z2026-05-08T21:41:44ZWhen people think about estate planning, they often focus on the big things like a home, savings account or important family heirlooms. Smaller or less obvious assets can easily slip through the cracks, especially when life gets busy and financial accounts become spread across different platforms.
What many families discover later is that overlooked property can create confusion, delays and unnecessary stress during probate. Even items with sentimental rather than financial value can become difficult to recover or distribute if they were never included in a plan.
What happens to overlooked assets?
Digital assets are one of the most commonly forgotten parts of an estate plan. Digital assets are defined as content that is stored digitally, as well as digital representations of physical assets. This may include:
online banking accounts
cryptocurrency wallets
payment apps
social media profiles
cloud photo storage
monetized online businesses
If no instructions are left behind, loved ones may struggle to locate these accounts or prove they have the authority to manage them. In some cases, valuable assets can remain inaccessible for months or disappear entirely.Personal collections and side property may also be overlooked. Collectibles, hobby equipment or items stored in storage units may not seem important during the planning process, but disputes can arise when family members are uncertain about ownership or intentions. The same may happen with forgotten retirement accounts, side bank accounts or property that was purchased years earlier and rarely discussed.In many situations, assets left out of an estate plan still become part of the probate process. State law may determine who receives them if there are no clear instructions, which can lead to outcomes that do not reflect the person’s actual wishes. Reviewing an estate plan regularly can help ensure digital property and meaningful possessions are properly documented and easier for loved ones to manage later.A carefully updated estate plan can help reduce uncertainty and make difficult moments easier for the people left behind. If it has been a while since your documents were reviewed, speaking with an experienced legal professional may help you identify gaps before they create complications in the future.]]>On Behalf of Pope Law Firm, PLLC<![CDATA[How the Medicaid lookback penalties may affect older adults]]>https://www.lawonly.com/?p=476662026-04-22T18:15:24Z2026-04-22T18:15:24ZWhat are the lookback penalties?
When people apply for Medicaid for long-term care costs, the state looks at their current income and countable assets, as well as prior transactions. The review goes back five years from the application date.
Failing to plan in advance may result in any large gifts or transfers triggering a penalty. The state adds up the total amount of gifts or transfers and then converts that figure to a number of months of care. The state then requires that the older adult pay out of pocket for that many months before Medicaid begins covering their long-term care costs. Advance planning well before benefits are necessary is the best way to avoid Medicaid lookback penalties.
Working with an attorney to create a trust, shift asset ownership and ensure future compliance with Medicaid requirements can help people prepare for their golden years more effectively. A financial plan for covering nursing home costs can help older adults count on support when they need it and take the pressure off of their families when one’s situation evolves.]]>On Behalf of Pope Law Firm, PLLC<![CDATA[Three important documents you are missing in your estate plan]]>https://www.lawonly.com/?p=476632026-04-17T16:13:34Z2026-04-17T16:13:34Z you have a will, congratulations. You are already ahead of most of your peers. Recent estimates find more than two-thirds of adults do not have a will in place. Although having a will in place is already a big win, it is important to also include three specific documents to have an estate plan that truly offers protection. The following will outline these three documents and why they are essential.
#1: Documents for health care
There is a 70% chance that you will suffer some form of incapacitation before passing. This could be the result of anything from a brief coma after a skydiving or car accident to a serious illness. Whatever the cause, those who want to have some level of control over health care decisions made on their behalf need to have documents in place outlining these instructions or giving a loved one the ability to make these decisions on your behalf. In New York, a health care proxy is a legal tool that names a health care agent to make health care decisions for you.
#2: Documents for finances
The same is true for finances. Bills remain due even when incapacitated. Having a power of attorney in place allows you to appoint an individual to represent you for your financial affairs. This individual has access to your money but must use it within the guidelines outlined within your power of attorney documents.
#3: A trust
This legal tool allows you to transfer assets with a greater level of control. A will generally transfers assets outright while a trust serves as a container to hold those assets and distribute them according to the instructions you put in place. For many, this includes distributions to help provide for living expenses, health care needs and education of the beneficiaries. These documents, along with a will, are only beneficial if they are drafted to meet your wishes. Improper language or use of fill-in-the blank forms can defeat the goals of these documents. A well structured plan can reduce the risk of delays with probate, protect assets and better ensure you pass along a legacy instead of a headache. ]]>