Every person who lives in New York State dies in one of two ways: with a Will (testate) or without a Will (intestate).

If a person dies with a Will, that decedent leaves a document directing the disposition of what they own and naming a person to administer their estate (the Executor).  A Will can name a guardian for a child of the person signing the Will (the Testator), in case the child’s parents are deceased. It can provide for special administration of property for the benefit of a child or a disabled person. (more…)

Tags: intestate, last will and testament, living will, testate, testator, will

In New York State, everybody has a plan to pass assets on their death. Without a written Will your assets will pass on by what is commonly referred to as “Intestate Distribution” or “Intestacy.” More formally by Article 4 of the New York Estates Powers and Trusts Law (the “EPTL”) – Descent and Distribution of an Intestate Estate.

There are four ways to pass on property when you die: 1) By operation of Law –like joint tenants; 2) By contract – like a beneficiary designation; 3) By a Last Will and Testament – everything left after 1 and 2; or 4) Intestacy – which controls the same items as your Will. (All other states also have laws of intestacy with the same basic rules but may differ in who may inherit. Our focus is New York.)

Intestate distribution will be made to distributees, the nearest level of blood (including half blood) relative. So, unless you change it by a Will, your estate will pass as follows: (more…)

Tags: descent and distribution of an intestate estate, EPTL, Estates Powers and Trusts Law, intestacy, intestate distribution, last will and testament, will

Issues to Consider When Evaluating the Need for a New or Revised Will / Estate Planning Documents

As spring rolls around and we get ready for warmer weather, our thoughts turn to spring cleaning. Take this time to clean up your current estate planning documents and determine if they need to be revised. It is suggested that your estate planning documents be reviewed every five years to make sure they still comply with your wishes. If any of the categories listed below apply to you, it may be a good idea to embrace the season and make the necessary changes to your Last Will and Testament, Living Will/Health Care Proxy or Power of Attorney documents. (more…)

Tags: credit shelter trust, disclaimer trust, guardianship, health care proxy, last will and testament, living will, power of attorney, supplemental needs trust, will

Linda Grear discusses important Estate Planning Documents.  She goes into detail about why you should prepare Last Will and Testament, Power of Attorney, and Health Care Directive.

Tags: Estate Planning, Health Care Directive, health care proxy, last will and testament, power of attorney

EVALUATING THE NEED FOR NEW OR REVISED ESTATE PLANNING DOCUMENTS

Given the current state of the world economy and recent local events, many of our clients have expressed a desire get their financial and household business matters in order. There are three basic estate planning documents that all individuals should consider when planning and organizing a life plan strategy, although the specific content of those documents will differ by personal circumstances. (more…)

Tags: credit shelter trust, disclaimer trust, Estate Planning, guardian, health care proxy, last will and testament, life plan strategy, living will, power of attorney