Preparing an estate plan is important. When a person dies without a Will, he has forfeited his opportunity to create a plan that actually reflects his intentions. The New York Probate Lawyer Blog has published many articles talking about intestate estates (where there is no Will). In these situations Estates,…
Wills in New York are required to be executed in accordance with the statutory guidelines. Estates, Powers and Trusts Law (EPTL) Section 3-2.1 entitled “Execution and attestation of wills; formal requirements”, sets forth very definite rules for Will authenticity. For example, a Will generally needs to be in writing and…
Estate planning in New York involves the preparation of a number of documents including a Last Will and Testament. It is not unusual that during the course of a lifetime a person prepares and executes a series of Wills. It is a common practice that a Will should be updated…
Estate planning is an important part of overall financial management. The preparation of a Last Will, Living Will, Health Care Proxy, Power of Attorney and Living Trust can provide a clear expression of a person’s desires regarding property disposition and personal affairs. Once a Last Will and other documents are…
Estate Litigation in the Surrogate’s Court often involves issues that effect many decedent’s estates. These problems occur over and over again. One such problem area concerns the attempt to probate a Will where the original document cannot be located. When a person signs a Last Will great consideration and care…
The preparation and signing of Wills in New York is an important part of the estate planning process. Creating documents such as a Last Will, Living Will, Health Care Proxy and Living Trust is an important first step in expressing a persons intentions for property disposition and personal care management.…
The New York Estates, Powers and Trusts Law (“EPTL”) along with the Surrogate’s Court Procedure Act (“SCPA”) contain the statutory rules and procedures regarding decedent’s estates. EPTL Section 3-2.1 entitled “Execution and Attestation of Wills; formal requirements” has been discussed in previous blog posts. This section sets forth the rules…
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…
The New York Probate Lawyer Blog has discussed in earlier posts that a New York Last Will must comply with statutory requirements. Estates, Powers and Trusts Law (EPTL) Section 3-2.1 entitled “Execution and attestation of wills; formal requirements” provides many of the rules regarding the signing and form of a…
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…