The New York Probate Lawyer Blog has posted many articles concerning the need for thoughtful and specific estate planning. The many documents that can be used for advanced directives and post-death plans include a Living Trust, Health Care Proxy, Last Will, Living Will and Power of Attorney. The failure of…
Articles Posted in Estate Planning
Estate Property Rights May Seem to Never Expire
The New York Estate Settlement process begins upon the death of an individual. Clearly, a person’s demise signals what seems to be an end to that person’s affairs and the settlement or winding up of matters and the distribution of estate assets. However, as shown in many posts in the…
A New York Living Trust Can Provide Benefits to an Estate Plan
Living Trusts in New York present a number of beneficial options for a person’s Estate Planning. The basic planning and Advanced Directive documents begin with a Last Will, Health Care Proxy and Living Will and Power of Attorney. However, these papers may not meet all of the needs in a…
New York Beneficiary Designations Are Always an Important Aspect of Estate Planning
Many situations have arisen over the years regarding the validity and effect of a beneficiary designation or clause that has been provided by a decedent. The naming of a beneficiary of an asset or property can appear in a variety of forms. A person who prepares a Last Will includes…
Trust and Estate Disputes Often Involve a Variety of Issues
Controversies arising in Estate Planning, Estate Litigation and Estate Settlement involve a vast variety of issues. New York Estate Lawyers know that the many different problems that are found in the area of Trusts and Estates are as diverse and complex as the individuals whose lives are impacted by them.…
New York Estate Requires a Careful Review of Estate Assets
A New York Estate Planning Lawyer is aware that it is of utmost importance to review a person’s assets when formulating an estate plan. Initially, it may seem that determining the value of assets is a primary concern so that estate taxes can be estimated and planned for and appropriate…
New York Courts Prefer to Appoint Executors Selected by the Testator
Previous posts in the New York Probate Lawyer Blog discussed various issues concerning the qualifications of person to serve as an Executor or other fiduciary. Reference was made to New York Surrogate’s Court Procedure Act Section 707 which is entitled “Eligibility to receive letters.” Notwithstanding the basic statutory qualifications, many…
New York Executors Must Be Eligible To Be Appointed by the Court
The selection or nomination of an Executor or Trustee is one of the most important decisions made by the creator of a Last Will or Trust. No matter how precise and formulated an Estate Plan may be, the selection of a person as Executor who makes poor decisions or fails…
New York Wills and Trusts May Be Modified to Reflect the Creator’s Intent
The New York Probate Lawyer Blog has had many posts discussing the importance of a person’s intent as reflected in their Estate Planning and Advance Directive documents. A primary purpose of preparing and executing a Last Will, Living Trust, Power of Attorney, Health Care Proxy or Living Will is to…
A Good New York Estate Plan is Important to Prevent Contests of a Will That May Occur in Unusual Ways
New York Estate Planning Lawyers are familiar with the fundamentals that form a good estate plan. Preparing and executing a Last Will and Testament provides a written declaration as to the disposition of a person’s probate estate. A Will can be made up of various provisions some of which can…