Proper estate planning involves respecting client wishes about distribution of assets while creating legal documents to avoid probate, save estate taxes, and plan for disability. Many plans include similar components, but there is flexibility so that each client’s unique goals and preferences are accommodated. For example, many area community members…
Articles Posted in Wills
Estate Planning is Not Just for Senior Couples
Some area residents may think that New York estate planning is only for married seniors who have big families and substantial wealth. Fortunately, more and more people are coming to understand that this planning is a necessity for all community members, no matter what their situation in life. The Calgary…
$100 Million Estate Finally Reaches Relatives After 92 Years
An important benefit of visiting with a New York estate planning lawyer to help with your asset planning is that on top of carrying out your wishes, the professional can share avenues available to you of which you may not be aware. For example, many area residents are under the…
Lack of a Will Leads to Controversy in Estate of NFL Legend Gene Upshaw
New York estate planning is often given little thought by some local residents until a specific event brings attention to the issue. A retirement, death of a close friend or relative, and similar occurrences often act as a catalyst leading residents to consider plans for their own affairs. Unfortunately, for…
1585 Points of Contact
by Michael Ettinger, Esq. We were thinking the other day about what typically happens when a client signs a will. After the will signing, the client often fails to ever look at the will again and the lawyer may never contact the client again either. Now, let’s say this particular…
The Race to the Courthouse
We received a call last Friday from a woman who said that her father had died but her stepmother was claiming that he did not have a will. The daughter was certain that he did, in fact, have a will. What happens in such a case? Regardless what the daughter…
What is Elder Law Estate Planning?
by Michael Ettinger, Esq. “Elder Law Estate Planning” is a niche area of the law which combines the features of elder law and estate planning that pertain most to the needs of the middle class. Estate planning was originally for the wealthy few. Middle class families did not consider themselves…
Pitfalls of Will Planning
By Michael Ettinger, Esq. So many clients are advised that they need a will. In fact, will planning is becoming obsolete for persons over sixty for many reasons. Instead of actually solving problems, wills often create them. First, they must be proven to be valid in a court proceeding, the…
Using Living Trusts to Delay Distribution Until Children Mature
By Michael Ettinger, Attorney at Law . Historically, estate planning consisted of setting up a will and leaving everything to one’s children in equal shares, “per stirpes”. The “per stirpes” is latin for “by the roots”, meaning that if any of the children predecease their parents then their share goes…
Same Sex Couples and The GLBT Community
by Michael Ettinger, Esq. Same sex couples face unique estate planning issues since, in many jurisdictions, their unions are not legally protected. New York, for example, does not permit same sex marriages although the state does recognize same sex marriages performed elsewhere (i.e., Massachusetts, Connecticut, Vermont, Iowa and D.C.). Living…