While many people have estate plans, trusts and wills set up, they may not have anticipated that they would need someone to take care of making decisions for them while they are still alive. When people are incapacitated, however, and unable to make decisions for...
Month: October 2014
Wills and estates: What if circumstances change before I die?
Every estate planner's worst nightmare is to have his or her circumstances change before death, without having enough time to update his or her will and estate plan. A lot goes into a well-designed estate plan and sometimes individuals just let their wills and trust...
Setting up your will and estate plan today in New York
Do you keep putting off making your will or your estate plan in New York? Maybe you're not concerned about it right now because it seems like such a distant future. Many people, for example, decide not to set up anything for future medical care because they figure...
Estate planning gives you freedom to have a great retirement
Retiring is usually a happy occasion and a time in life when you feel free and relaxed. Unless you feel guilty, that is. Many retirees don't have an estate plan and live a fasted life upon retirement because they want to be sure to have something to leave as an...
Changing nature of fiduciary responsibility in New York
In a previous blog post, we discussed how technological advances have forced certain changes in New York estate planning laws. In particular, we talked about how the duties of a fiduciary have grown to include handling the electronic and digital records for a...
Trusts: Going beyond a will
A will may be the estate planning document that most New York residents are familiar with, but a living trust can also be beneficial in certain circumstances. A trust functions in much the same was as a will because it tells how your assets are to be divided, but it...
What is the cy-pres doctrine?
The cy-pres doctrine is employed when the original charitable purpose of a charitable trust is no longer possible to carry out. Because charitable trusts can continue on into perpetuity, it is not uncommon for trusts to outgrow or outlive their original purposes. When...
Deciding to contest a will in court needs professional help
When a loved one dies and you expect to be included in the inheritance, it can be quite a blow to discover that you are not in the will. It may come as a shock and you may not know what steps to take because you are grieving the loss already. Contesting a will is not...
Why you need to consider long term care planning
Have you thought about your personal future if you become ill or incapacitated? Long term care planning is an essential part of any responsible estate plan. Without these critical documents, you may leave your New York family members or beneficiaries without any...
Can my executor use an “electronic digital will” in New York?
When a person dies in New York State after having previously formed a will, that person is then considered a testate decedent. The Surrogate's Court of New York has the authority to supervise the appointment and qualification of any individuals named in the will as...