Welcome to the first issue of The Schwartsman Law Group Newsletter, our quarterly note on keeping your New York estate plan healthy. It is summer, the calendar is full of trips and family visits, and that makes this the perfect season for a few small planning moves that pay off all year.
Key takeaways
- Before you travel, confirm your power of attorney and health care proxy are signed, current, and findable.
- A second home in another state can drag your family into two probate courts unless you plan around it.
- Summer visits are the natural moment for a gentle planning conversation with aging parents.
- Don't rely on remembered dollar limits — check the firm's New York numbers page, which we update each year.
Travel season: pack your documents, not just your bags
Before any long trip, ask a simple question: if something happened while you were away, who could act for you at home? A durable power of attorney lets a trusted person pay your bills, deal with your bank, and manage property while you are unreachable. A health care proxy names the person doctors should turn to if you cannot speak for yourself. Older documents remain valid, and New York law (GOL 5-1504) bars a bank from rejecting a properly executed power of attorney merely because of its age, but a refresh on the current statutory form with up-to-date agents avoids friction and delay, so a summer review is worthwhile. Parents traveling without their children should also confirm who has written authority to make medical decisions for the kids while they are away. Keep originals somewhere your agent can actually reach, and tell them where that is.
Snowbirds and second homes: one plan, two states
Many New Yorkers split the year between here and Florida or own a vacation cottage upstate or at the shore. Real estate is governed by the state where it sits, so a house in another state can force your family into a second, separate probate proceeding there. A revocable living trust that holds both properties usually avoids that entirely, and it also lets one set of instructions govern everything. If you are spending more months out of state, residency matters too: which state considers you a domiciliary affects income tax, estate tax, and which court oversees your affairs. Our estate planning team can align your documents with where you actually live.
A summer check-in with aging parents
Summer gatherings bring generations together, which makes them the natural moment to ask parents a few kind questions. Do they have a will, a power of attorney, and a health care proxy? Do they know where the originals are? Has anything changed since the documents were signed — a move, a widowhood, a new grandchild? If long-term care is a worry, timing matters enormously: New York applies a look-back period to nursing-home Medicaid, so Medicaid planning works best when it starts years before care is needed. You do not need answers this weekend; you just need to open the door.
Check the current numbers
Estate tax exclusions, gift limits, and Medicaid figures change every year, which is why this newsletter never quotes them. Instead of trusting a number you read months ago, visit the firm's New York numbers page, which we update each year with the current thresholds. A plan built on last year's figures can misfire, so check before you act.
How Schwartsman Law Group can help
Founding attorney Marianna Schwartsman and our team help New York families put every one of these pieces in place, from travel-ready powers of attorney to trusts that keep a second home out of court. We serve clients in English, Spanish, and Russian from offices in Brooklyn, Manhattan, and Manhasset. This letter is information, not legal advice — for guidance on your own situation, call +1 212 518 3868, email ms@schwartsmanlaw.com, or request a free consultation.