Rochester Estate Planning Law Blog

When New Yorkers are preparing for the future by creating strategies for an estate plan, there are certain aspects of it that can be difficult. While it is known that everyone's life is finite and the end is unavoidable, it can be difficult to think about a time when end of life planning is needed. However, those who have strong feelings on end of life care must make certain their estate plan addresses their wishes for such a time. In these cases, an advanced medical directive is important. To understand how to craft the document properly, legal advice is a must.

The advanced medical directive will state the person's wishes for how they will be cared for in the event of a medical emergency if they are unable to communicate with family members and medical professionals. For example, the medical directive can clearly state that a person wants certain treatments, but does not want others. They are not required to give a reason for it. It could be due to a personal belief that these treatments are not how they want to live; it could be based on religious beliefs; or there could be no reason at all - just a preference.

Estate planning is not a simple process for most people, despite how little their assets may be. It is often a complex system of laws, filled with clauses, exemptions, stipulations and more. How does the average person manage to create a satisfying estate plan? One step at a time.

Legal oversight is crucial to the success of an estate plan. And getting started is often the hardest part of the process. Once individuals and families get together and start discussing inheritance and future responsibility, the better off their estate plan will be.

For many New Yorkers, estate planning is not something they actively think about. It is an unfortunate reality that life is fleeting, and people can suddenly find themselves in need of these vital documents. Estate planning can ensure their assets are allocated as they wish, their family is protected, and other common issues are addressed. With the recent news stories of wealthy people who died without estate planning documents, it is imperative to be prepared for the future. Knowing the basics is fundamental.

Whether it is a simple estate or a more complex one, those who want the basics should consider three documents. Wills are useful to ensure assets are distributed the way the testator wants. When there is no will, the state will analyze the situation based on the law and determine how to distribute the property. In many instances, this is different from what the person would have wanted had they crafted a will. Wills can apply to anything, including real estate, bank accounts, artwork and more. If there are children under 18, a guardian can be named to care for the child. Anything that the person wants done after they have passed on can be mentioned in the will.

Not every New Yorker has an estate plan that details how he or she wants property distributed after death. Similarly, not every family situation is a smooth one where even an intestate case is relatively easy to deal with where the state will simply follow the law in determining what the spouse and other heirs get and there is little dispute. One situation that can be confusing is if there is a surviving spouse, but the law requires that he or she be disqualified. To address this situation, it is important for the heirs to have legal assistance.

The surviving spouse will not be able to inherit the decedent's property if there was a final judgment or decree of divorce, if the marriage was annulled, if it was nullified or dissolved because of absence if this was in effect at the time of death. If the marriage had been voided because it was incestuous, bigamous or prohibited will also eliminate the surviving spouse as an intestate heir. Had the spouse gotten a final divorce decree, an annulment or dissolution due to absence and it occurred outside the state, it is not viewed as valid.