Branch: Rego Park

Estate PlanningWith offices near Rego Park, The Law Offices of Roman Aminov provides customized solutions to your estate planning and estate administration needs. Mr. Roman Aminov is an experienced estate lawyer concentrating in the fields of probate, estate administration, estate planning, and elder law. Whether you need a will, a trust, a power of attorney or more sophisticated estate work, our office is more than happy to assist.

We have worked with many Rego Park residents in establishing Medicaid trusts to avoid Medicaid liens and recoveries and to facilitate a smoother transfer to their heirs by avoiding probate. We are the law firm that Rego Park residents can rely on when they need estate planning and probate planning attorneys that they and their family can trust.

The Law Offices of Roman Aminov is proud to offer the Rego Park, NY area with the high quality estate planning, probate, estate administration, & elder law services.

For a free Rego Park area legal consultation to discuss your estate planning needs, please contact The Law Offices of Roman Aminov at (347)766-2685 or by clicking here.

Some interesting facts about Rego Park, NY:

Rego park is the sister neighborhood of Forest Hills. Rego Park is an up and coming area for young professionals who want a more affordable alternative to living in NYC. With a short train ride of 15-20 minutes into Manhattan, Rego Park has really been thriving. Real estate lawyers are being kept really busy in Rego Park. If you search for Real Estate Attorney statistics for Rego Park you can see this phenomenon for yourself.

Here is a Rego Park Legal & Courts Map for those who need help finding their way around.

 

Things You Should Know When Writing A Will In New York

Each state has specific requirements and legislation that need to be fulfilled in order to be considered valid. If you are creating a will in the state of New York, here are some things you need to know in order to make a legally-binding will:

The Statute:

You can find the requisites of creating, signing, witnessing, a Last Will and Testament in the consolidated statute known as the  Estates, Powers & Trusts (EPT), Article 3, Substantive Laws of Wills.

  • Section 3-1.1 – states that the person making the will must be no younger than 18 years old and of sound mind.
  • Section 3.2.1 – dictates that you need a minimum of two witnesses who are at least 18 years old.
  • Section 3-1.2 – invalidates any gift or appointment made in favor of the witness of your will (but will still allow for the rest of your will to be valid). For this reason, you should have two not involved and uninterested parties to act as witnesses to attest your will.

Surrogate Court Procedure (SCP):

  • Section 1406 – allows the surrogate court to accept self-proved wills without necessitating further testimony from witnesses. To self-prove your Last Will and Testament, the subscribing witnesses must present themselves before an officer authorized to administer oaths and sign affidavits before their presence. The task must be done simultaneously with the signing of the will.
  • Section 1418 – beneficiaries stated in your will can be granted priority for being appointed as administrator for your will. However, if there is no appropriate candidate or no one is willing to act as administrator the role may go to a stranger. For this reason it is advisable to assign an executor and a secondary executor for your will is unable to act in this capacity.
  • Section 1410 – allows objections to be filled by any person who could be disadvantaged by your will if it was admitted to probate. This allows your spouse, children, and other heirs-in-law to contest the contents of your will. If you have concerns your family will argue the wishes of your will when you pass, you can request an attorney to properly draft the will and include a ‘no contest clause’. However, Section 3-3.5 will limit the operations of this clause under special circumstances. An example of the no contest clause being undermined is a situation in which a beneficiary has probably cause for issuing proceedings that the will is actually a forgery.

Other Things You Should Know:

  • Wills in New York must be done in writing as nuncupative (oral) wills are only available to mariners at sea or members of the armed forces (in this state).
  • The executor is the person who fulfils the wishes of your will and administers your estate. They will be responsible for applying for probate; notifying your heirs, beneficiaries, and creditors; and distributing your assets. You need an impartial person to fulfil this role. If your will has no executor then the court will appoint an administrator.

Creating a Last Will and Testament can be difficult if you have many assets to distribute and heirs who could possibly dispute its contents. The smallest mistake can invalidate some of your wishes and cost fighting amongst family and friends. To make things trickier, your will cannot be executed until after your death. If you want to ensure your wishes are carried out as per your will, hire an estate lawyer who can help you with your estate planning.