Articles Posted in Estate Planning

Estate Planning in New York involves a number of items to be reviewed.  Most individuals initially approach planning by determining how their estate is going to be distributed.  Thus, decisions are made as to various bequests that are to be provided in a Last Will.  A simple bequest may be a specific dollar amount, say $5,000, to be given to a named individual.  There may also be a devise of a certain interest in real estate to a designated individual.  Other types of dispositions may include creating a trust for a minor child or a Supplemental Needs Trust for a person under a disability.  Also, there can be residuary dispositions to individuals or even charities whereby the balance of an estate is disposed of.

However, before the dispositions in a Will can be determined it is imperative to determine which assets are to pass under a Will as part of the probate estate.  The New York Probate Lawyer Blog has published many articles concerning estate planning and property ownership.  If an asset passes by operation of law, such as a joint bank account, or the asset has a beneficiary designation such as life insurance, then the asset is not controlled by the Last Will.  As a result, there may not be sufficient assets passing under a Will to satisfy the various bequests and dispositions set forth in the Will terms.

As can be imagined, it is very important to understand how assets are owned so a determination can be made as to how they are to be disposed of at death.  This issue was recently shown in a recent Manhattan estate case decided by New York Surrogate Rita Mella on May 23, 2019, entitled in Matter of Estate of Watson.  This case involved a cooperative apartment owned by two individuals, Watson and Vicic, life partners.   They died within a year of each other and a dispute arose between their estates as to the ownership of the cooperative and entitlement to the net sales proceeds.  Watson died intestate without a Will and Vicic died testate with a Will.

Planning an Estate in New York involves many considerations.  At the outset of the process, particular care must be taken to understand the nature of the assets to be covered by the estate plan.  Assets that are owned in an individual’s name alone would be subject to the terms of a Last Will.  Such assets could also be transferred into a Grantor or Living Trust.  On the other hand, assets that are owned jointly or which have designated beneficiaries would pass automatically on death to the survivor or beneficiary.  Thus, these items may not be controlled by a Will or Trust.   The New York Probate Lawyer Blog has discussed the importance of identifying ownership rights in property in numerous articles.

Another critical consideration in any type of plan is the selection of fiduciaries to manage and administer the fund that comprises an estate or trust.

Most often, the selection of an Executor or Trustee is an easy decision.  A close family member such as a spouse or child is typically the first person to be designated.  However, there are always considerations as to whether such persons have the appropriate qualifications to serve in such capacity.  There may be health or medical issues that might interfere with a person’s ability to act as a fiduciary.  Also, issues such as a conflict of interest may arise particularly where the proposed fiduciary may have some direct or indirect interest in how the estate or trust is administered or invested.

Estate planning in New York can be provided through a number of different documents.  First and foremost, a Last Will and Testament sets forth the various provisions that a testator desires regarding the disposition of his estate.  Another important estate planning device is a Revocable Living Trust.  This type of trust allows a person to place assets in the trust during life and then have them distributed in a certain manner upon death.  The essential element of such a trust is that it is revocable and the creator can modify it or revoke it.

Looking at the various estate planning tools, the overriding element is that a person who creates these documents is able to direct the disposition of assets after death.  Thus, a person’s desires and intentions can be memorialized and carried out by his fiduciaries such as Executors and Trustees.

Since these documents reflect a person’s intentions, it is important that the person creating them make his desires clearly known.  Estate lawyers assist their clients so that there is no ambiguity regarding the names of beneficiaries and the assets or interests in the estate that are to be distributed.  The New York Probate Lawyer Blog has published many articles regarding Wills and planning an estate.  When issues arise regarding the validity or meaning of a Will, estate litigation in the Surrogate’s Court can arise.

One of the most essential aspects of every trust and estate is the fiduciary who is in charge of its affairs. The fiduciary may be an Executor, Administrator or Trustee depending upon the type of situation. However, in all cases the fiduciary has many powers and obligations.

Estates, Powers and Trusts Law (EPTL) Section 11-1.1 entitled “Fiduciaries’ powers” provides a list of the powers that fiduciaries can exercise. For example, an Executor may need to: (i) take control over property; (ii) open a bank account; (iii) sell property; (iv) defend a lawsuit; (v) or commence a legal proceeding to protect the interests of a Trust or Estate. The New York Probate Lawyer Blog has discussed many situations regarding fiduciaries’ powers. Continue reading

It is important to complete estate planning papers so that a person’s intentions and desires are clearly set forth. The list of documents to plan an estate can include a Last Will and a Living Trust. When an Estate Planning Lawyer prepares these papers it is important to provide the attorney with all family and asset information so that the documents that are prepared are complete and accurate.

For example, it is necessary to review all asset information. The New York Probate Lawyer Blog has published many articles discussing the different issues associated with various assets for planning purposes. If an individual owns joint assets or assets where there are designated beneficiaries, these items typically are not controlled by the terms of a Will. These types of assets pass directly to the joint owner or the named beneficiary. Continue reading

Last Will and Testament is an important part of a person’s estate plan. There are a number of papers that a person should consider when starting to prepare a plan. In addition to a Will, these papers can include a Living Will, a Health Care Proxy, a Living Trust and a Durable Power of Attorney.

The New York Probate Lawyer Blog has published many articles discussing the items of information that must be considered when preparing these documents. Simply put, a person needs to understand the nature and extent of his assets. This should include a review of the ownership title, such as joint or individually owned assets, as well as the value of the assets. Continue reading

There are a number of different types of papers and considerations that are involved in estate planning. It is important that the documents appear clearly and express a person’s directions and intentions. An estate plan can include a Last Will and a Living Trust. Also, advance directives such as a health care proxy, living will and power of attorney can be put into effect.

Planning documents often include the use of a trust. A trust can be created in a Last Will. This type of trust is a testamentary trust. When a Will is admitted to probate, this trust becomes effective and the Surrogate’s Court appoints a testamentary trustee. Continue reading

The planning of an estate in New York has many benefits. The primary goal is to establish documents such as a Last Will, Living Will, Health Care Proxy, Power of Attorney and a Living Trust that provide a definite and unambiguous expression of a person’s desires. With regard to a Last Will, the document should be a careful statement regarding the disposition of estate assets to named beneficiaries. New York Estate Lawyers assist individuals with the drafting and execution of these papers.

As discussed in many posts in the New York Probate Lawyer Blog when a person dies intestate (without a Will), State statutes, such as Surrogate’s Court Procedure Act Section 4-1.1, determine who is to inherit the estate property. Continue reading

The creation and implementation of an estate plan requires the consideration of many factors. Reference is made to the New York Probate Lawyer Blog which contains many articles regarding the planning of an estate.

One of the essential elements in the planning process is obtaining a full understanding and inventory of assets. The reason such an examination is needed is to ensure that assets are transferred in a manner according to a person’s intentions. The primary function of a plan is to be certain that post-death dispositions to beneficiaries occur according to an individual’s desires. New York City Estate Lawyers are familiar with the rules and requirements regarding property dispositions. For example, a Last Will is going to control the disposition of assets that are owned by a decedent in his name alone. However, other assets such as jointly owned accounts or assets that have a designated beneficiary, are going to be paid directly to the joint owner or designee outside of the terms of a Last Will. Continue reading

One of the most important papers that are prepared in estate planning is a Last Will and Testament. A lot of time and effort can be spent when finalizing a Will. The process includes many items, such as (i) reviewing and understanding the assets that are to be a part of the plan; (ii) determining the persons who are to be estate beneficiaries; (iii) considering the amount of a bequest or the share of the estate that each beneficiary is to receive: (iv) deciding upon whether a beneficiaries’ share is to be paid outright or held in a trust for the beneficiaries’ benefit; (v) examining whether there are any tax planning provisions that can help save estate or income taxes; and (vi) choosing persons that may act as executors or trustees. The New York Probate Lawyer Blog has provided a great many articles regarding Wills and estate planning. Continue reading

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