A common question asked of us is what happens when a will’s language is inconsistent with the titling of an account held with survivorship benefits? The immediate answer to the question is that the titling of an account will control over a will’s language. The practical effect on the survivor…
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New York Estate Planning & Elder Law Blog
Advice on Handling Specific Bequests in Wills
The Supreme Court of Montana recently affirmed a judgment by the district court distributing assets from a trust established by a husband and wife to the couple’s three children. The district court had interpreted the trust creator’s handwritten codicil as a wish and not a specific bequest of the…
What You Should Know About the New York Survivor’s Benefit Program
The Mississippi Court of Appeals recently decided that a man convicted of DUI manslaughter that led to the death of his wife can collect survivor benefits from the state. The late woman had designated her husband as a 40% beneficiary while the deceased woman’s sister was a 60% beneficiary. While…
Can Debt Collectors and Creditors Garnish My Retirement Benefits?
More seniors than ever are carrying high debt into retirement. Managing high debt simultaneously with managing the cost of daily living and medical care on a fixed income is a recurring problem in many households. The amount of debt burden has skyrocketed over the past decade. The National Council…
Important Estate Planning Steps to Take after a Parent’s Death
Losing a parent is not easy. While being prepared for the event might not make the emotional aspect any easier, it can help to eliminate the potential for additional problems. As a result, this article reviews some of the important financial steps that you can take after a parent passes…
Why More than Wills Are Necessary for Estate Planning
Wills play an important part in the estate planning process. The best estate plans, however, include more than wills. Instead, the best estate plans anticipate the numerous complications that can arise at the end of a person’s life. Advance Healthcare Directives Medical powers of attorney and living wills…
What to Do When a Loved One Passes (The Survivor’s Guide)
Settling an estate, after the loss of a loved one while grieving, is a difficult process. For the weeks and months that follow the funeral, handling the estate of a deceased individual may quickly overwhelm survivors. The steps outlined below provide a guide to survivors through this tumultuous time. …
Estate Planning Strategies for Couples without Children
Not everyone can have children, and not everyone wants them. Supporting this trend are statistics that reveal America’s fertility rate is on the decline. In 2018, the number of children born in the United States even dropped to its lowest rate in 32 years. There are numerous reasons why…
Estate Planning Advice for Millenials
Estate planning changes between groups of people. The necessary estate planning strategies also change between people. Like it or not, it is time for many members of the millennial generation to begin the estate planning process. As a result, this article examines some of the unique challenges faced by…
What Trust Instrument Is Right for You?
The advantage of including a trust in your estate plan is that trusts usually avoid probate. The beneficial effect of that advantage is that your beneficiaries may gain access to the assets held in trust faster than those assets transferred via will. When used optimally a trust may minimize estate…