Rochester Estate Planning Law Blog

While divorce can be contentious on its own, when a beloved pet is at stake, things can turn downright nasty.

While New York doesn’t have as advanced pet custody laws as some states, they have been moving in the right direction. Here’s what impacts who gets the family pet:

New Yorkers with concerns about loved ones and want to make certain they are taken care of when they are incapable of taking care of themselves should understand the alternatives they have under the law. One method is through a guardianship. This is especially important when it involves senior citizens who might need long-term care. Having a grasp about the basics of a guardianship is a fundamental aspect in any situation. As always, legal help is also a critical aspect of ensuring an elderly and infirm loved one is cared for.

With a guardianship, a person can make decisions on another's behalf if that person cannot do so themselves. It is for children, incapacitated adults and the developmentally disabled. There are several courts that oversee guardianship in New York. They are Family Court, Surrogate's Court, and the Supreme Court. The type of guardianship that is requested will dictate the applicable court.

New Yorkers will undoubtedly have a great deal on their plate when a loved one dies. Between the emotional impact and the need to plan for a funeral, many will believe that legal issues should take a backseat. However, while grieving is unavoidable and a natural human response, it remains necessary to maintain vigilance and prepare for probate. Often, people will forget the importance of navigating the decedent's finances. This can lead to mistakes that can be costly. Having legal assistance with probate administration is essential.

Probate administration is critical whether the decedent had a will or not. When the person died intestate, it becomes even more critical to have legal advice. There are laws in New York when a person died without a will. Along with that will be the debts the person had accrued and need to be paid. There will also be the assets that will be distributed to family members.

There are certain aspects of life that New Yorkers will prioritize based on their age and current life situation. For example, a person with a family who is established in his or her career will likely place a greater emphasis on having all the essentials in place. That includes health insurance, a stable home, a stable job and an estate plan. For younger people - especially millennials - these might take a backseat toward becoming established and enjoying life with a freewheeling attitude. However, the failure to take the necessary steps in drafting estate planning documents is something these individuals regret every day. For millennials, understanding what documents are important and why is key to having a viable estate plan.

There are many incidents and accidents that can befall a person at any age. People do not like to think about the potential dangers that lurk around every corner, but today, there are so many risks that come from the behaviors of others that it is impossible and unwise to fail to account for these worries with estate planning. Having extensive and comprehensive documents for the future after a person is gone might not be as imperative when that person does not have dependents and major assets, but it is still a vital part of life. There are certain steps that millennials should take when crafting an estate plan.