Market Watch recently published some estate tax tips for married couples. New York City estate planning attorneys have been dealing with the changes to the estate tax and gift tax limits since they were implemented late last year. As we reported in December on our New York Probate Lawyer Blog,…
New York Probate Lawyer Blog
Transfer-on-Death Registration One Option for Planning New York Estate
As part of our ongoing series on the advantages and disadvantages of avoiding probate in New York, our New York City estate planning attorney publishes this post on naming beneficiaries for stocks and bonds. Most recently we discussed on our New York Probate Lawyer Blog the importance of naming beneficiaries…
New York Decedent’s Burial Can Be Complicated By Conflicts Between Family Members and Guardians
The New York Probate Lawyer Blog has previously discussed issues regarding the rights of relatives to make burial decisions regarding a decedent. New York Public Health Law Section 4201 entitled “Disposition of remains: responsibility therefore”, provides a framework for this decision-making by essentially giving priority to a decedent’s spouse and…
New York Executors Have Authority to Act on Behalf of the Estate
An Executor of a New York estate, or other fiduciary such as an Administrator, is the party empowered by law to act on behalf of the estate. The underlying purpose of a Surrogate’s Court probate or administration proceeding is to have the Court officially appoint a person or institution that…
Undue Influence In Changing Life Insurance Beneficiary Can Be Difficult to Prove
The New York Probate Lawyer Blog has previously discussed the naming of a beneficiary on a life insurance policy or other asset such as a pension or retirement account. Upon a person’s death, these assets are paid directly to the named beneficiary (assuming the beneficiary is surviving) and are not…
Queens and Manhattan Guardianship As Well As Throughout New York Requires A Thorough Review Before Court Appointment
The appointment of a Guardian for an incapacitated person is provided by the guidelines enacted in Article 81 of the Mental Hygiene Law (MHL). The New York Probate Lawyer Blog has discussed many of the aspects involved in New York City Guardianship cases such as Guardianship powers and the petition…
The New York Probate Process Involves Numerous Documents
The Probate of a Last Will in New York can appear to be a complicated and mysterious procedure. While the rules and procedures of the Surrogate’s Court are complex, certain fundamental requirements for Probate are fairly easy to set forth. Among the essential aspects to a Probate proceeding is providing…
New York Article 81 Guardians Are Bound By The Court To Act Properly
The New York Probate Lawyer Blog has discussed the powers and obligations of a property management and personal needs Guardian. When a person is found to be incapacitated and a Guardian is appointed, the Court maintains scrutiny over the actions of the Guardian. One of the safeguards provided by Article…
Properly Naming Beneficiaries of Retirement Accounts Critical to New York Estate Planning
As part of our ongoing series on Avoiding Probate in New York, we examine the issue of retirement accounts and beneficiaries. As always, we preface the discussion by saying that avoiding probate does not mean you do not need a New York City probate lawyer. In fact, investing in professional…
Contested Will Results in Settlement after Undue Influence Alleged with Dementia Patient
The beneficiaries of the estate of a wealthy Connecticut woman have agreed to settle a dispute over changes made to her Will after she was diagnosed with dementia, Bloomberg News reported. Sadly, theft from the elderly and other forms of estate fraud are an all-too-common occurrence. A New York City…