What Happens When Your Beneficiary Dies After You

When someone dies, they are referred to as the decedent and those named in their will or trust are their beneficiaries.  If the decedent died without a will (or what is called intestate) then those who will inherit from them are called their distributees.  If a beneficiary (or a distributee) dies before the decedent, then […]

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Special Needs Planning For A Disabled Child

If you are a parent or caregiver of a child with special needs, you may have many questions and concerns about how to plan for your child's future. Whether your child has a developmental disability, a medical condition, or a learning disability, you likely want to make sure that they have the best possible care […]

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Joint Wills for Married Couples & Why You Don’t Want Them

When a married couple prepares an estate plan, they have the option of creating a joint will.  A joint will is a legal document that outlines the wishes of both spouses for the distribution of assets upon their death.  While joint wills may seem like an appealing low-cost option, there are several reasons why a married couple may […]

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NY Estate Planning Pitfalls: Joint Accounts & Beneficiary Designations

Joint accounts and beneficiary designations are often used as convenient ways to manage financial affairs and ensure that assets are passed on to loved ones after death. However, these methods have several pitfalls that can cause problems for both the account holders and the intended beneficiaries. One of the biggest drawbacks of joint accounts is […]

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Estate Planning And Interstate Moves

If you find yourself making an interstate move, there will be plenty of logistics to tackle - purchasing or renting a new home, updating your driver’s license and car registration, getting your children settled in a new school, and finding new doctors, but do you also need to update your estate planning documents? In theory, […]

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How to Protect your Child’s Inheritance from Divorce in NY

While we may love our children’s spouses, the truth is that when planning our estates, the majority of us don’t want our sons-in-law and daughters-in-law to inherit from us.  This common sentiment combined with the unfortunate reality that a significant percentage of marriages in this country end up in divorce, means that everyone should engage […]

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Plan With Flexibility: NY Discretionary Trusts

Trusts are powerful and highly versatile estate planning tools.  They are very commonly established by individuals for the benefit of their surviving family members after their death.  They can be used to control assets and how, when, and to whom they are distributed.  There are living trusts and testamentary trusts as well as revocable and […]

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My Spouse Died & I Want to Sell Our Home - What are the Tax Ramifications?

A significant percentage of married couples in New York own their home jointly with their spouse, usually as tenants by the entirety. This means that when one of them passes away, the surviving spouse becomes the 100% owner of the home automatically.  It is also not uncommon for the surviving spouse to consider selling the […]

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Estate Planning for NY's Unmarried Partners

Estate Planning for Unmarried Partners Estate planning is important for married couples, but it is absolutely vital for couples who choose not to get married.  Unmarried partners do not have the same privileges and protections as a legally married spouse – without proper planning, they will be unable to participate in your end-of-life care and […]

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Ancient Document Exception for a New York Will

Probate is the process by which a will is validated by the surrogate’s court. Unfortunately, problems can arise when a will offered for probate many years after it was made. Witnesses can be very difficult to find so many years after a will is signed, and in many cases, they have predeceased the testator. Since […]

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Attorney Advertising Disclaimer: The estate planning, probate, elder law or other New York legal information presented on this site should NOT be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Using the advice provided on this site without consulting an attorney can have disastrous results. Prior results do not guarantee similar outcomes. Please contact a Queens estate planning attorney at one of our law firms located in New York City. This web site is not intended to solicit clients for matters outside of the State of NY, although we have relationships with attorneys and law firms in states throughout the United States. Free consultation applies to an initial phone consultation.
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