Have you lost a family member and received a document called a “Waiver of Process; Consent to Probate”? If you are like most people, you may be confused about what this means, and more importantly, if you should sign it. This article will help explain the purpose of the document, and what you should discuss […]

There is hardly a week that goes by that I don’t receive a call from a potential client asking me to help them “avoid probate”. Unfortunately, most of the time, the client only has a vague understanding of the probate process, and no compelling reason to try to avoid it (more about the probate process […]

A person who dies without a will in New York is said to have died intestate. If a person owned assets, they either pass automatically, such a joint accounts and accounts with beneficiary designations, or through a court process known as estate administration which is governed by New York's laws of intestacy, which are codified […]

What would you do if you found out that your spouse completely disinherited you? Perhaps you are thinking about disinheriting your spouse in your estate plan. Is your spouse entitled to a portion of your inheritance? It is imperative to know your rights as well as your obligations under New York’s spousal right of election […]

A question I hear often from clients is: “What will happen to my assets when I die?” This sobering question is important not just for the person asking it, but also for the loved ones that they leave behind. The person making the inquiry wants to make sure that his family will be able to […]

With the loss of a loved on, there are many important decisions which need to be made. Arranging the funeral, dealing with the burial, and eventually administering the estate are three of the major issues that the family has to deal with. This article provides an overview of the process known as probate, specifically in […]

Many people automatically assume that the life insurance death benefit they leave over to their loved ones will not be taxed. This common misconception can result in the unnecessary payment of tens or hundreds of thousands of dollars of estate taxes. The Rule: The IRS (Section 2042) states that the death benefit of your life […]

  People often ask estate planning attorneys why they need to make a will if they aren't "rich"? While each person's situation is unique, there are usually many reasons why everyone needs to have a will prepared. Here are a 5 things that a valid New York will allows you to do: 1. Appoint guardians […]