New York Estate Planning & Elder Law BlogOne of the most common myths that exists about trust asset protection is that it is something that only the very wealthy need to worry about. In reality, many different types of individuals should consider using trusts to protect a person’s assets. Asset protection trusts are one of the best ways that individuals can protect […]
Search Results for: New York wills attorney
The New Rules to International Estate Planning
As of 2018, cross-border families planning an estate will require an investment plan meeting relevant rules to domicile, succession, generation-skipping transfer, and gift tax laws in each country where distribution will occur at the time of a decedent’s death. International estate planners use investment techniques specific to cross-border transfers and enforceable transfer tax situs rules, […]
Registering your Will with a Probate Court in New York
After taking the time to plan and execute a will, many people wonder what to do with the actual document to ensure it stays safe and can be found by the executor when the time comes. Without the original, executed copy of the last will and testament, the executor may be unable to pass the […]
Understanding Holographic Wills
The internet provides us with a wealth of information at our fingertips. Unfortunately, some less scrupulous websites take advantage of the trust many people put into the internet and provide less than sound legal advice on important issues – like creating a Will and/or a trust. Sometimes, people mistakenly believe the advice they find on […]
Three Common Dangers of Do-It-Yourself Wills
In an increasingly digital society where we have become use to just “googling” the answers to our questions, there is no shortage of online legal advice and self-help. While some of this information can be valid and very useful, it doesn’t take the place of an actual lawyer that is able to apply the law […]
Back to Basics: No Contest Clause in New York Wills
One of the many goals of estate planning is to limit the amount of fighting that will occur once a person passes on, and there are many ways to achieve that goal. Often this involves making sure that all the proper requirements are observed when executing documents, careful drafting of trusts and keeping estate planning […]
Dealing With Lost Wills
Some clients may ask, “what happens if we lose the original will; is the court still going to let it be admitted to probate?” The short answer is, as always, maybe. As a general rule of thumb, New York courts are very reluctant to admit a copy of a will. If the original is lost, […]
Common Reasons for Contested Wills in New York
Many people know that having a will is necessary in order to properly ensure the deceased’s wishes are followed and desired transfers are carried out once they are gone. However, the importance of having the proper documentation in place does not end there. Careful estate planning is crucial to a will being upheld as valid […]
New Case: Inheritance Rights of “Adopted Out” Children in New York
A case recently came before a New York court that delved into a very unique inheritance issue. The case, Matter of Svenningsen involved the inheritance rights of “rejected” adopted children. “Rejected” is a harsh word, but refers to children who were adopted and whose adopted parents terminate parental rights. It is a rare occurrence, but […]
New Study: Online Will Templates Full of Pitfalls
Consumer Reports came out with a helpful new report which is of value to all local residents thinking about creating a New York estate plan. The study examined the value of “Do It Yourself” (DIY) websites for legal documents, including wills. Obviously everyone values efficiency, and maximizing value while minimizing time and expense is of […]