Is Divorce the Best Option for People Over 65?
Your parents may have had a long and relatively happy marriage. They may intend to live together until their death. Nonetheless, the financial reality of today’s government rules may force them to consider divorce. And there is no need for psychological counseling at this point. Divorce, with future cohabitation, would be done simply to...
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Should you use the Do It Yourself website for your estate plan?
Many people believe that their situation is so simple, that they have no need to go to an estate planning attorney. However, I do not pretend to be an expert in many fields of work (I'm not a doctor, I'm not an engineer, etc.). Why do so many people think that they are an expert...
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What happens when a Will is lost? A case illustrates a need for properly storing your documents!
A New York case, the Matter of the Estate of Robyn R. Lewis, is going up in front of New York Court of Appeals now, to decide a case of a missing Will. Robyn Lewis executed a Will in Texas in favor of her husband; the Will also provided that if the husband...
What happens when a Will is lost? A case illustrates a need for properly storing your documents! Continue reading…
Is asset protection a necessary part of estate planning?
Why estate planning: In general, there are many reasons why people engage in estate planning. Those include: death time tax mitigation, avoidance of probate, smooth transition of property at death, and making sure the deceased’s dispositive wishes are followed. Asset protection is an additional aspect of estate planning, which safeguards the assets from the...
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When does a Trust need to pay New York State income taxes?
Resident Trust: In general, a Trust is considered a Resident Trust and the Trustee must file New York State income tax, if the Trust was created by a New York State Testator or Grantor. What that means is if the property was being transferred to a Trust from a person who was domiciled in...
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Taking family dynamics into consideration, or thinking of expected family issues when planning!
When drafting a testamentary or an estate plan, one always should always consider family dynamics in order to preserve family relationships. Parents may have several concerns about their children: entitlements, sibling rivalry, children’s spouses, safeguard from malpractice actions, and safeguard from drug abuse. Entitlements: for parents of younger or minor children, the parents may...
Taking family dynamics into consideration, or thinking of expected family issues when planning! Continue reading…
Can Wills be challenged? Absolutely! A disowned daughter and an almost-disowned son prove that it is possible to do so even when the grounds for the challenge are legally dubious!
A lot of people think that if a Will was executed under a supervision of an attorney, then the Will is a rock solid instrument that cannot be challenged. However, that is not a case. A Will can be challenged on many grounds (incapacity, coercion, fraud, forgery and improper execution are some of the...
Can Wills be challenged? Absolutely! A disowned daughter and an almost-disowned son prove that it is possible to do so even when the grounds for the challenge are legally dubious! Continue reading…
Can a Will be Contested? Part 1 (Undue Influence)
There are several ways in which a Will can be challenged. The three main reasons for contesting the Will include: Proper execution of a WillWhether the decedent had testamentary capacity to execute a WillWhether the Will was the product of undue influence or duress. Whether or...
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Why the Money in a Joint Account May Not Be Distributed to the Survivor (or how uneducated plans go wrong)
Many people think that if they put their money in a joint account, the survivor will automatically inherit the funds and no further claims can be laid on that money. Unfortunately, as the survivors often discover to their great chagrin, it often does not work like this easily. The other heirs, including spouses and legatees...
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Estate considerations for blended families
Second marriages bring additional estate planning considerations, especially when children from past relationships are involved. Here are some suggestions for addressing a blended family in estate planning:If you are not married yet, write a prenuptual agreement, which specifies who owns which asset, the support arrangement in case of future separation, and asset distribution in case of death....
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