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Kevin McKernan Kevin McKernan

What If an Executor or Administrator is Blocking the Sale?

When an executor or administrator blocks the sale of inherited property, New York’s RPAPL § 993 (Uniform Partition of Heirs Property Act) offers a structured, court-supervised solution. Learn when to file a petition, how appraisals and buyouts work, and when to seek fiduciary removal under SCPA §§ 711 and 719 to resolve disputes fairly.

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Kevin McKernan Kevin McKernan

Estate Planning for Intellectual Property Owners – Protect your Creative Legacy

Estate planning for intellectual property owners is essential to protect patents, copyrights, trademarks, and royalties. Learn how to properly document, register, and transfer IP assets to avoid disputes, loss of value, or abandonment. A well-structured estate plan ensures continued management, income generation, and preservation of your creative and financial legacy.

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Kevin McKernan Kevin McKernan

ABLE Accounts and the Impact of 'Big Beautiful' Changes

The One Big Beautiful Bill Act (OBBBA) permanently strengthens ABLE accounts, expanding tax-free savings options for individuals with disabilities. Learn eligibility rules, contribution limits, SSI and Medicaid impacts, and new provisions like ABLE to Work and 529 rollovers. These updates enhance financial planning flexibility, independence, and long-term security for families and beneficiaries.

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Kevin McKernan Kevin McKernan

Five Big Estate Planning Mistakes - and Why you Should Act Now

Avoid the five biggest estate planning mistakes: inequity in distributions, poor fiduciary choices, lack of communication, indecision, and doing nothing. Learn why equal isn’t always fair, why timing matters, and how proactive planning reduces family conflict and litigation risk. Act now to protect your legacy and ensure your wishes are honored.

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Kevin McKernan Kevin McKernan

Reviewing Estate Planning Basics

Review estate planning basics this fall to ensure your will, trusts, beneficiaries, and powers of attorney reflect major life changes. Learn when to update your estate plan, how to protect digital assets, and which tools—like trusts, gifting strategies, and regular legal reviews—can strengthen your plan and protect your family’s future.

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Kevin McKernan Kevin McKernan

Applying for Medicaid

Applying for Medicaid requires meticulous financial documentation. Learn why creating a strong paper trail—including five years of bank statements, property records, tax returns, and gift history—is critical to approval. This guide explains what documents caseworkers request, how to prepare in advance, and how proper recordkeeping can prevent delays, denials, and costly complications during the Medicaid application process.

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Kevin McKernan Kevin McKernan

Understanding the Threat: How Creditors can Access your Property

Worried about creditors accessing your property? Learn how New York residents can protect assets using homestead exemptions, LLCs, irrevocable trusts, insurance, and strategic titling. This guide explains what works, what doesn’t under New York law, and why timing matters. Discover practical, legal asset protection strategies—and why DIY approaches can backfire—before a claim or lawsuit arises.

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Kevin McKernan Kevin McKernan

Living Trust Versus Will

Confused about wills vs. trusts? This guide breaks down estate planning essentials, from probate basics to when a trust may be the better choice. Learn how to protect assets, plan for incapacity, reduce taxes, and ensure your property passes to the right people at the right time. A clear starting point for smarter estate planning.

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Kevin McKernan Kevin McKernan

Probate

Probate in New York is the legal process of validating a will and managing a loved one’s estate through Surrogate’s Court. Learn when probate is required, which assets can skip it, and the key steps—filing, notifying heirs, paying debts, and distributing assets. Get clear, compassionate guidance to navigate probate efficiently and avoid delays.

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Kevin McKernan Kevin McKernan

Legal Documents Your Child Needs When They Turn 18

When your child turns 18, you lose automatic access to their medical and financial information under privacy laws like HIPAA. Learn which legal documents every young adult needs—Patient Advocate Designation, HIPAA Authorization, and Financial Power of Attorney—to ensure parents can make critical decisions in emergencies and avoid costly court petitions for guardianship.

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Kevin McKernan Kevin McKernan

Elder Abuse: Red Flags and Remedies for Families and Estate Planners

Elder abuse—especially financial exploitation—is a growing concern in estate planning and probate. Learn key warning signs, from unexplained transactions to sudden changes in estate documents, and discover preventive steps families and estate planners can take. Explore legal remedies such as conservatorships, restraining orders, and restitution to protect vulnerable seniors and their assets.

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Kevin McKernan Kevin McKernan

When Should You Update Your Estate Plan?

Your estate plan isn’t “set it and forget it.” Life changes—like marriage, divorce, new children, or major financial shifts—can make your plan outdated. Learn the 12 key times to update your estate plan to protect assets, avoid probate, and ensure your wishes align with current New York estate and tax laws. Stay prepared.

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