When an individual dies it seems more than apparent that the decedent no longer has the ability to act on his own behalf. Likewise, others cannot interact or engage in actions that affect the deceased person. It is for that reason that the New York estate laws provide for the…
Articles Posted in Estate Planning
New York Joint Property May Be Included as Part of a Decedent’s Taxable Estate
A New York Estate is subject to potential estate tax under both Federal and State law. Whether an estate is potentially taxable and requires the filing of an Estate Tax Return depends primarily upon the value of a decedent’s gross estate. In general the gross estate is comprised of all…
A New York Last Will May Need To Be Construed By A Court For Asset Distribution
The New York Probate Lawyer Blog has discussed in numerous posts the benefits of estate planning and preparing planning documents. These papers include a Last Will and Testament. When preparing a Will the creator should express his intentions to his New York estate lawyer so that the document reflects…
A New York Estate Plan Can Utilize a Codicil to a Last Will
New York Estate Lawyers are familiar with the need for individuals to establish an estate plan. A good plan for an estate should include a Last Will, Living Will, Health Care Proxy and Power of Attorney. In some cases, it is also a good idea to create a Living Trust.…
New York Will and Other Estate Planning Papers Should be Properly Stored
A New York Estate Plan can involve the preparation and execution of a number of different papers. To begin with, it is important that an individual consider advance planning documents which include a Durable Power of Attorney, a Living Will and a Health Care Proxy. Advance planning allows a person…
New York Non-Marital Children May Lose Their Inheritance
New York Estate Lawyers are aware of the importance of proper estate planning. Such planning may include the preparation of a Last Will, Living Will, Health Care Proxy, Power of Attorney and Living Trust. By creating the above papers a person can identify the individuals that they want to inherit…
A New York Will Should Contain Clear Language to Create A Supplemental Needs Trust
A New York Estate Lawyer is familiar with the manner in which a Last Will should be prepared. Among the fundamental rules when drafting a Will is to make certain that the provisions clearly set forth the manner in which the testator intends to dispose of assets. The spelling of the…
New York Estate Planning Requires a Review of all Financial Documents
The preparation of a Last Will, Living Will, Health Care Proxy, Power of Attorney and Living Trust involves a full understanding of a person’s property and financial interests. A New York Estate Planning Lawyer generally obtains all such information from a client when formulating a plan. This process is…
New York Guardianship Issues Can Affect Estate Litigation
The New York Probate Lawyer Blog has provided many posts regarding the interaction between Article 81 Guardianship proceedings and the settlement of a decedent’s estate. In many cases the disputes and Guardianship litigation that occur while a person is alive are a preview and introduction to the Will contests and…
New York Wills Should Be Carefully Written to Avoid Confusion and Estate Litigation
Estate Planning attorneys are aware that it is important for a person to prepare a Last Will, Living Will, Health Care Proxy and other appropriate papers regarding advance directives and financial planning. The New York Probate Lawyer Blog has had many posts regarding these matters. Among the essentials to develop…