When someone executes a will, they do so because they want to ensure that their assets are distributed according to their wishes. For many such people, one concern they have is that their will may be challenged in court when it reaches probate, resulting in...
Year: 2022
Assuring your pet’s well-being when you can’t
Through a will, trust, and other estate documents, you help assure that your assets are properly allocated, and your family’s needs are addressed death or incapacity. But it is also important to assure the well-being of our pets who are such an important and beloved...
Executors have many responsibilities when settling an estate
People often name close family members to be the executors of their estates. These are people they trust and love and not necessarily someone who has personal knowledge of the probate process. Executors have a very important responsibility for settling the estate in...
Common estate planning mistakes to avoid
When you're putting together an estate plan, you're juggling a lot of pieces. You have to consider the needs and wishes of your loved ones, and put those up against the realities of your finances. You have to plan for events that will happen well into the future, and...
Understanding fiduciary duties
Many estate plans require the person who owns the assets of the estate to place significant trust in another person to take possession of the assets and to manage them in a manner that does not violate the trustee’s duty of care to the person creating the trust...
What happens to the vacation home in probate?
Your family may enjoy the vacation home over in Cape Cod, or perhaps even a beachfront property down in the Carolinas. Whether it is a place to vacation in the summer or to escape the New York winters, it may be a haven where your family gathers together. However,...
What must I do to revoke my will under New York law?
In New York, when someone writes a will, it details how they want their property to be distributed and to whom at the time it is written. However, with life changes will likely come a desire to update a will. There could be a divorce, a new marriage, children,...
Removing a trustee in New York
Many New Yorkers use trusts as vital parts of their estate plan. And of course, each trust requires the appointment of a trustee. What happens if the person who makes the trust (the “settlor”) makes a vital mistake in managing the trust? Can the trustee be removed?...
Understanding asset protection planning
Many people are aware that they can create an estate plan, but they may not be aware that there is another option to protect their assets. Asset protection planning can help protect an individual’s assets from creditors, certain taxes and other claims. Asset...
Think seriously about long-term care planning
It can be difficult to think about needing assistance from other people as we age, however most individuals will need long-term care in their lifetime. Long-term care planning Long-term care refers to services that an individual uses when he or she is no longer able...