New York Estate Planning & Elder Law BlogAsk most people if they’ve done their estate planning and a common answer is, “Yes, I have a will.” However, estate planning is not just a plan for death. It’s a plan for life that addresses what happens if you become disabled. About half of us will eventually becoming disabled. You can choose ahead of […]
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5 Mistakes in Trusts Or Wills that Courts Might Correct
The value of carefully drafting a trust or will is emphasized by understanding the limited situations in which a court corrects mistakes that might arise in trusts or wills. The court’s response varies based on not the jurisdiction, but also often the type of estate planning mistake that was made. This article reviews some critical […]
3 Things to Consider about Handwritten Wills in New York
Following his passing on January 23, 2021, Larry King’s widow remains locked in a dispute with the late celebrity’s son concerning the distribution of King’s assets. While estate battles are often challenging, this case is particularly complex for several reasons. One, a divorce was pending between Larry King and his widow. Additionally, King’s widow alleges […]
3 Critical Things to Remember about New York Holographic Wills
In the recent case, In the Estate of Hohmann, a person passed away without leaving an executed will. The deceased man’s caretaker, however, found a handwritten document where the deceased man stated his wishes for his assets. The deceased’s cousin later applied to probate the handwritten document like a written will. An heir of the deceased […]
What Should You Know About Electronic Wills?
Electronic wills are likely to play a large role in future estate plans. The ability to both create and store a document align has greatly facilitated the creation of estate plans. The Uniform Law Commission also recently passed the Uniform Electronic Wills Act, which has greatly influenced how many states approach electronic wills. If you’re […]
Things to Know If You’re Considering a Handwritten New York Will
It’s easy to assume that celebrities have the best-written estate plans. In reality, however, each year countless celebrities pass away and create estate problems because they do not clearly express their wishes. For example, when the “queen of soul music” Aretha Franklin passed away, she left a holographic will behind. While some news sources […]
Distinguishing Between the Types of Guardianship in New York
While most of us are familiar with wills, many people in New York are not certain about the role played by other estate planning tools like guardianships. In short, a guardian refers to a person who makes decisions for another individual, who is not able to make decisions on their own. Guardianship is appointed […]
A Quick Guide to New York MOLST Forms
One of the common responses that many people have as they learn about estate planning is that there are a number of estate planning documents. In addition to things like wills, living wills, advance directives and powers of attorney, there also also a number of other important documents. In New York there are Medical […]
The Role of Handwritten Wills
When Aretha Franklin passed away in 2018, she was not believed to have had any type of estate plan. Months after her death, however, several handwritten wills were located in the late singer’s home. While some people think that handwritten wills are never valid, this is simply not true. Instead, handwritten wills play a […]
Using Trusts as an Alternative to Wills
Estate planning is never an easy process. Not only does estate planning force a person to face that they will inevitably pass away some day, the estate planning process also requires a person to meet a number of requirements. Even though they are the most common type of estate planning documents, wills are just […]