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Articles Posted in Last Will

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Joint Tenancy an Option for Disposing of Real Estate without Probate

We recently reported on our New York Probate Lawyer Blog about the need for ancillary estates to dispose of out-of-state real estate in cases that go through probate court. Estate planning lawyers in New York City understand there are many options for avoiding probate. In some cases trusts or other…

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New York Trusts can Alleviate need for Ancillary Estate to Handle Out-of-State Property

The NWI Times recently published an article explaining the complexities and expenses associated with ancillary estates, which can be necessary to dispose of real property located in another state. Proper estate planning in New York can alleviate the need to go through the probate process in multiple states, which can…

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New York Probate Procedure Is Affected By Recognition of Same-Sex Marriage

The New York Probate Blog has discussed on many occasions the probate procedure in New York. Probate is the legal process by which a Will is validated by the Surrogate’s Court. The procedure to probate a Will encompasses many facets. Initially, a Probate Petition is prepared and filed with the…

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Baby Boomers to Inherit Trillions, Protect Your Share With New York Estate Planning

While we talk frequently about the need to plan your estate, rarely do we mention the need to protect an inheritance. Of course, that brings us back to planning your estate! Baby boomers are about to hit the life lottery, receiving a combined $8.4 trillion, according to Business Insider. Protecting…

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New Estate Tax Law Features Portability or Transfer of Exclusion Amount Between Spouses

Under the new federal estate tax law, the exclusion amount, or the value of an estate that can pass free of federal estate tax, is increased to $5,000,000. This $5,000,000 exemption will end, unless extended or modified by new legislation, on December 31, 2012. One of the most significant changes…

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Transfer-on-Death Registration One Option for Planning New York Estate

As part of our ongoing series on the advantages and disadvantages of avoiding probate in New York, our New York City estate planning attorney publishes this post on naming beneficiaries for stocks and bonds. Most recently we discussed on our New York Probate Lawyer Blog the importance of naming beneficiaries…

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Undue Influence In Changing Life Insurance Beneficiary Can Be Difficult to Prove

The New York Probate Lawyer Blog has previously discussed the naming of a beneficiary on a life insurance policy or other asset such as a pension or retirement account. Upon a person’s death, these assets are paid directly to the named beneficiary (assuming the beneficiary is surviving) and are not…

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The New York Probate Process Involves Numerous Documents

The Probate of a Last Will in New York can appear to be a complicated and mysterious procedure. While the rules and procedures of the Surrogate’s Court are complex, certain fundamental requirements for Probate are fairly easy to set forth. Among the essential aspects to a Probate proceeding is providing…

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New York Article 81 Guardians Are Bound By The Court To Act Properly

The New York Probate Lawyer Blog has discussed the powers and obligations of a property management and personal needs Guardian. When a person is found to be incapacitated and a Guardian is appointed, the Court maintains scrutiny over the actions of the Guardian. One of the safeguards provided by Article…

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