Rochester Estate Planning Law Blog

For many people who have never gone through the process, divorce might seem like it should be as simple as getting married. In practice, the two events have almost nothing in common. They both come with legal consequences, but that is where the similarity ends.

Divorce is a complex process while getting married is a relatively easy process. The paperwork required to complete even an uncontested, amicable divorce can push a person's patience to the breaking point. There are numerous elements to divorce that most couples never even consider when they are getting married. One of the things that needs to be considered is the tax implications that effect both parties to a divorce and its required procedural steps.

It might sound unusual, but many New Yorkers who are taking the wise step of creating an estate plan will want to include their pets in some way. In truth, it is not unusual at all. People treat pets as part of their family and will want to ensure that the pet is cared for as part of an estate plan. There is no reason to be embarrassed about trying to craft the documents and formulate strategies to address pets. When considering it, it is critical to have experienced legal help.

When creating an estate plan, there are ways to protect a pet. One way is to use a will to give the pet to a person to care for and to provide money for the costs associated with it. This is comparable to leaving property to another person. The pet will be considered an asset along with money for upkeep. Another strategy is to have a pet trust. This can be more complicated and costly, but for people who are interested in better control as to how the pet is cared for, it is a beneficial way to do it. With the pet trust, there should be a caretaker or custodian who will address the pet's daily needs. This will require a trustee - someone who is not the caretaker - to oversee the funds for pet's care.

In New York State, the death of a loved one can be a difficult time for the family members left behind. The executor of the will, the status of the heirs and how probate administration will be handled are all issues that must be asked even in a time of sorrow. One part of the process that might not be clear is how the decedent's domicile factors in with the estate proceeding. Knowing about decedent domicile is critical to a smooth process when settling the person's affairs after death.

With an estate proceeding in which probate or a small estate are considerations, the case will be filed in the Surrogate's Court where the deceased person lived or "domiciled." It must be done in that specific county. The county will be determined by their primary home address prior to death. In some instances, the person lived in more than one place. The domicile where the person had intentions of returning will be considered the main domicile and the proceeding must be in that county.

Growing older is a natural part of life, but as people age, they may struggle with dementia, Alzheimer’s disease or other cognitive issues. These ailments affect their brain and lead to memory loss and problems performing tasks they were previously able to perform. As the symptoms worsen, people become less able to make decisions and care for themselves.

If a loved one is suffering from one of these conditions, you are likely concerned for his or her future. You may be considering the possibility of becoming your loved one’s guardian. Here is what you need to know about becoming a guardian of an incapacitated adult in New York.