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Manhattan, NYC Will Complications

Welcome to the Law Offices Of Roman Aminov. We provide estate and probate law services in New York. We have been awarded by Super Lawyers as well as AVVO for our excellence. We can help anyone living in Manhattan write a will and plan their estate the proper way. The future well-being of your family depends on the quality of your legal preparation today. We also urge our clients to start thinking about their long-term healthcare benefits. Topics like nursing, elder care and medicaid should be understood by everyone before planning their future.

The Law Offices Of Roman Aminov has recently been featured on the Manhattan Chamber Of Commerce Attorney site.

The Complications of Wills and Estate Planning

There are many people who want to keep things simple when planning how they want to distribute their estate after they’re gone. They may believe by keeping lawyers out of the equation, no one will put up any fights or get defensive about the contents because that is what they wished for. The problem is, even if your loved ones agree to uphold your will, the government might have other things to say about it. There are many things to consider when planning your estate, including:

Varying State Laws

If you’ve got assets such as bank accounts or real estate spread among different states, the paperwork required for your estate planning becomes a lot more complicated. Even if that isn’t the case, each state has different requirements for paperwork within its jurisdiction. There are also limitations as to who you can appoint for medical or financial power of attorney, who is allowed to be included in a trust or will, and so forth. It can be difficult to stay in compliance of State laws if you aren’t familiar with them. There are also certain taxes that can be imposed on inheritances depending where you live.

Family and Marriage Ties

If you’ve been married more than once and have children with different spouses this will severely affect how your assets are distributed after your death. If there are family members you wish to exclude from your will, such as ex-spouses, the matter can get very complicated. If your will was written in a vague manner such as “I wish to distribute my assets equally among my children only”, then surviving beneficiaries may contest it before court.

If you had step-children, your biological children may argue that your assets belong solely to them. If you had a child outside of marriage, they may also bring their case to court to claim their share of your estate. Wills must be worded very carefully and specifically to prevent other people from finding loopholes. Inheritance issues have been the center of many family feuds

Validity

If your will was not written in accordance to the law, or was missing some requirements for it to be legally valid, it can be totally dismissed by the court. Estate planning requires many hours of research and manpower. Documents must be signed, witnesses established, power of attorney decided, and an executor dictated. There isn’t much point to having a will if you don’t have somebody to execute it for you after you’re gone. If there are any changes you wish to make later on, you have to be sure that they don’t conflict with the other contents of your will. These changes must also be done formally and be approved legally for them to be final.
Wills and estate planning are not as straightforward as they seem. Things can become very difficult if family members decide they are not happy with the contents of your will and fight it out among themselves. If you want your family to avoid further grief after your death, it’s best to consult a NYC estate planning lawyer in Manhattan to ensure your estate is distributed according to your desires.