New York Estate Planning & Elder Law BlogThe legal entity that owns and controls a person’s property after they die is known as an estate. The person who leaves behind an estate is called the decedent. It is customary for the decedent to appoint someone to administer the estate and act as the executor of the estate in his or her last […]
Search Results for: last will and testament in new york
What Assets Go Through Probate In New York?
Probate 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 […]
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 […]
Disinheriting Your Spouse? Not So Under New York Law
You are always told that you can leave whatever assets you want in your will to whomever you want. After all it is your last will and testament. Your will represents your final wishes and they are to be carried out to the letter. You may be shocked to learn that in some cases under […]
Back to the Basics: What is the Difference Between Revocable and Irrevocable Trusts?
While many New York residents familiar with and have an existing will in place in the event of their death, most people do not realize that estate planning documents extend far beyond a last will and testament. The world of estate planning documents includes not only living wills and advanced medical directives, but also trusts. […]
Proposed New York Medicaid “Personal Care” Cuts Halted By Court
Not long ago a few residents received some disturbing news–the New York Medicaid support that they counted on to survive was being cut back. Many of these community members had severe disabilities, needing help with every aspect of their life, from dressing and bathing to eating and traveling. Many seniors and those with disabilities receive […]
Estate Planning Advice for Single Parents
Our lawyers recently heard of a divorced individual who passed away and left two children below the age of 18 years. When the person passed away, the individual had no will in place. As a result, it was uncertain who the deceased individual wanted to appoint as a personal representative of the estate. Remember, […]
Critical Estate Planning for Modern Families
The rise in the number of divorcees in New York as well as the rest of the country has led to a larger amount of blended families. While similar in many ways to traditional families, blended families face some unique estate planning challenges. This article reviews some of the most important issues that blended families […]
Back to Basics: Estate Planning 101, Part III
A power of attorney, including a heath care power of attorney, are crucial estate planning documents. This is especially important if you have Alzheimer’s disease, dementia, or are suffering from another chronic and debilitating illness. Individuals who are widowed or alone should carefully consider who they can trust to manage their financial and medical affairs […]
5 Pieces of Estate Planning Advice for People Without Children
There are a number of myths that continue about exactly who needs an estate plan. For example, couples without high value assets can still benefit from estate plans. Another common myth is that a person who does not have children has no need for estate planning. In reality, it is critical for everyone to […]