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Articles Posted in Asset Protection

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Disinheriting Your Spouse? Not So Under New York Law

You are always told that you can leave whatever assets you want in your will to whomever you want. After all it is your last will and testament. Your will represents your final wishes and they are to be carried out to the letter. You may be shocked to learn…

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Understanding Joint Ownership with Rights of Survivorship

There are many ways to pass on your assets without having to go through probate. Any account or policy with a beneficiary designation, payable on death clauses or joint ownership with rights of survivorship will not be considered to be a part of a probate estate. Those assets will pass…

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Revoking Your New York Will

People are taught to hang onto important documents. Every person is instructed to hold onto deeds, mortgages, bank records and tax returns in a safe place where no one else can access them lest important information fall into the wrong hands. But wills, which might be the most important document…

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Prince’s Estate Slowly Rolls Forward

Minnesota Judge Shows No Urgency To The Detriment Of The Estate Carver County District Judge Kevin Eide has announced that there will be no quick decisions in who will be inheriting from the late superstar according to USA Today. The probate judge in charge of the legal proceedings surrounding Prince’s…

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Back to Basics: Funeral Instructions as Part of Your Estate Plan

The Benefits of Planning The loss of a loved one is difficult enough without having to plan and pay for a funeral. With a little foresight, you can save your loved ones from unnecessary stress. While death is an eventuality, few people seem to want to plan for it. Everyday…

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Float like a Butterfly, Sting like a Contested Estate: Muhammad Ali’s Unhappy Heirs

It seems that Muhammad Ali’s estate is destined for trouble, similar to other celebrity estates that we have covered on this blog recently. It is unknown if the boxing legend died with a will, but even if he did, a will contest may be likely. Forbes reports that Mr. Ali…

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Family Feud Forever: Dr. King’s Family Squabbles Continue

Dr. Martin Luther King Jr. left behind a legacy of peace and understanding, but he may have been surprised by the legacy that his estate is forging. Last Friday, a Fulton County Superior Court Judge declined to make a ruling in a dispute over two items left behind by Dr.…

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BACK TO THE BASICS – HOW TO BE AN EXECUTOR

AN IMPORTANT AND SOMETIMES THANKLESS JOB There are times in life when we all will have to do or engage in a thankless job.  One such time is when a close friend or a family member asks you to be the executor of their estate.  The difference between an executor…

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DYNASTY TRUST REEXAMINED

VERY SIMPLE CONCEPT This blog examined the dynasty trust in the past but it is time to reexamine certain aspects of the dynasty trust.  The dynasty trust is a trust designed primarily to avoid the generation skipping transfer tax when a person wants to leave money to their grandchildren or…

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CREDITORS OF AN ESTATE

ORDER OF PAYMENT It should not be a surprise to anyone that when someone passes away, their estate must pay for all legally binding outstanding debt owed by the decedent just prior to passing. New York as well as just about every other jurisdiction has laws that address how the…

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