New York Estate Planning & Elder Law BlogProbate is the legal process that takes place after a person passes away. It typically involves submitting a valid will to the surrogacy court in New York state, taking inventory of the deceased’s estate’s assets, paying off the estate’s liabilities and distributing the estate assets to the beneficiaries designated in the will. What assets go […]
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Back To Basics: Witnesses and Your Will
It is common knowledge that in order for a New York will to be valid that there must be other people to witness you signing your will as well as putting down their own signatures on your will. Despite this knowledge though improper execution of the will is the most common reason that a will […]
What To Do When There are Multiple Wills Written: Which Takes Precedence?
Over the course of your life, you go through many stages. For some people that includes moving to and from different states, entering or dissolving a marriage, having children, losing loved ones, and having significant changes in income. As these events shape your life, your outlook and perspective on how you want your assets to […]
Understanding Legal Capacity in New York
New York elder law attorneys work with local families on a range of issues affecting seniors. Most notable among these is assistance arranging long-term care for seniors with physical and mental challenges. This frequently requires use of the Medicaid system, which itself comes with “spend down” requirements and other complications. One general legal issue that […]
Does Dementia Affect the Validity of a Will?
If a family is dragged into a drawn-out court battle over an estate planning issue, chances are it is a “will contest.” This phrase refers colloquially to cases where one party claims that something is wrong with a will and that the legal document should be thrown out. It goes without saying that preventing this […]
Mental Capacity Issues in Estate Planning Fights
“Lawsuit-proofing” an estate is a common goal in estate planning. Of course, this refers to use of strategies and tools to ensure the inheritance process does not lead to legal fights down the road. A benefit of having an experienced New York estate planning lawyer involved in the preparations is that the legal professional will […]