Planning your estate requires the consideration of many factors. A primary consideration is preparing and executing a Last Will. New York Estate Lawyers are familiar with the basic requirements for creating a valid Will. As set forth in Estates, Powers and Trusts Law Section 3-2.1 a Will should be in…
The New York Probate Lawyer Blog has had numerous posts regarding the benefits of estate planning. When a person dies without a Last Will his estate is subject to the laws of intestacy and is distributed to distributees or heirs at law according to statutory priority. When an estate is…
Estate taxes are an important aspect of estate planning and estate administration. A New York estate planning attorney typically recognizes that minimizing estate tax is important so that the maximum amount of assets can be passed on to beneficiaries for their benefit. The manner in which an individual provides for…
New York Estate Planning can take many forms. One aspect of a plan can involve the creation and use of a trust. There are a number of different types of trusts and benefits that may be obtained from their utilization. For instance, a Testamentary Trust is created by a Last…
The estate planning process as well as estate settlement almost always requires a close relationship between a New York Estate Lawyer and a client. When a client is planning an estate and seeking advice regarding the disposition of assets and the naming of beneficiaries, there must be a personal discourse…
The determination of kinship is important for all New York estate matters. The New York Probate Lawyer Blog has had many posts discussing this issue. Firstly, an Estate Planning Lawyer typically asks a client to provide information regarding next of kin. This information serves many useful purposes. It can indicate…
New York estate planning lawyers are aware of the need to prepare estate planning documents with clear and unambiguous language. There are many types of papers that require clarity of language. These include Last Wills, Living Trusts, Living Wills and Health Care Proxies. The use of specific provisions contained in…
A New York Guardianship proceeding under Article 81 of the Mental Hygiene Law (“MHL”) can be a very complex and sometimes lengthy process. The New York Probate Lawyer Blog has discussed in many posts the Guardianship process. The essence of the proceeding is a determination as to whether the alleged…
A New York Estate is subject to potential estate taxes. The tax is imposed under both Federal and New York State laws. The New York Probate Lawyer Blog has previously talked about estate taxes. It is the duty of an estate fiduciary such as an Administrator or Executor to determine…
New York Estate Lawyers regularly prepare Last Wills and Trusts for their clients. One item that is typically discussed is the amount of commissions or fees that an Executor, Administrator or Trustee may be paid. The primary source for the allowance and calculation of fiduciary commissions is Article 23 of…