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Consequences of Decedent Debt in a Probate Matter

Probate law demands that an executor must pay the debts and other financial obligations of an estate prior to distribution of assets to a Decedent’s beneficiaries. Although heirs and beneficiaries are not legally responsible for paying off estate debt, the total value of the estate can be greatly reduced as…

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Regulators Investigating Nursing Homes for Unjustified Evictions

Under state and federal laws, nursing homes can only evict patients for a limited set of reasons and are supposed to face serious civil penalties if they break the law to force residents out on the street. However, these same caregivers have very intimate knowledge of the regulatory system and…

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Preventing Undue Influence in a Will

A last will and testament is a very important document detailing the final wishes of a deceased person and New York probate courts give great deference to the language contained in a deceased individual’s decrees. One of the limited ways interested parties to an estate can challenge the directives contained…

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Tips for Planning End-of-Life Care

Nobody likes thinking about serious illness, especially a serious illness that could lead to death. Unfortunately, such illnesses can cause massive financial difficulties for friends and loved ones which can in turn significantly deplete the assets you had been planning to leave to your heirs. The moral of the story…

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Estate Planning When You Do Not Have Children

While comprehensive estate planning can certainly be a difficult process, there are some things that remain rather constant. Most parents will choose to leave the bulk of their estate to their surviving spouse and/or their children, with the surviving spouse typically leaving the remainder of the estate to children. However,…

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Choosing the Right Beneficiaries

Typically, many people tend to think an estate plan only includes your Will. In today’s day and age, however, most people have a much more diversified estate plan than they realize. Your estate plan is far more than just your Will and includes things like trusts, investments, retirement accounts, and…

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Empowering Your Power of Attorney

Most individuals recognize the importance of comprehensive estate planning, although they may still choose to avoid it. One important part of your estate plan is your power of attorney (“POA”). Basically, a POA is a document that nominates an individual to make legal decisions for you in the event that…

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IRA Trusts as a Protective Measure

Once an individual decides to engage in comprehensive estate planning, several concerns may arise. One of those concerns often involves leaving a large sum of money to an heir that may be facing financial difficulty or may not yet have the ability to budget in a responsible manner. In such…

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Non-Spouse IRA Inheritance

We have written several aspects about the role IRAs can play in your comprehensive estate planning strategy, as well as several concerns that accompany them. Here, we will address the two common choices facing non-spousal individuals listed as heirs for an IRA account that is not slated to go to…

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Owning Property Outside of a Trust Can Be Dangerous

Comprehensive estate planning is a lifelong process. There are always reasons to review and update your estate planning portfolio, including major life events life births or divorces. Not only does estate planning need to be a part of adjusting to major life changes, but the components of your estate plan…

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