Generally, attorneys have the witnesses to a will’s execution sign an affidavit attesting to witnessing the execution. While this isn’t a requirement, in New York and many other jurisdictions, this affidavit can be submitted in lieu of the court hearing the witness’s testimony. This accommodation saves the estate time and money by not requiring hearings … Read more
At the end of every year, New York’s Governor signs a large number of bills that were passed by the legislature throughout the year. While some of these bills grab headlines, others are more technical but can still make a significant practical difference to those affected by the bill. One such case is New York’s … Read more
Life insurance is a necessary part of any well-considered estate plan. A term life policy that covers you for a certain number of years can help ensure money is available to your beneficiaries to pay expenses after your death. Whole life coverage provides a guaranteed death benefit as well as offering lifetime benefits through access … Read more
The failure of several banks in the last year caused many to question whether their money was protected if their bank went under. FDIC insurance is available up to a certain limit and not just for individual accounts. Almost all funded trusts have bank accounts that are insured by the FDIC. However, the amount of … Read more
If you have multiple children, it is not uncommon to consider appointing more than one to act as co-executors of your will. As co-executors, they would manage estate affairs together. In some cases, this is a great decision while in others, it can lead to unintended consequences. If you want to name co-executors, it is … Read more
An estate plan is more than just a term for end-of-life planning. It encompasses many decisions that can affect you during your life as well. While all of us would like to live a long and healthy life, the unfortunate reality is that people in the United States have a higher chance of dying before … Read more
As a general rule, you do not need to be perfect or flawless to inherit under someone’s will. If someone includes you in their will, you are entitled to your bequest, even if other people or the Court do not agree with the decision. The court’s goal is to determine and carry out the intent … Read more
It’s not unusual for individuals who are left out of a family member’s or friend’s will to challenge the will on the grounds of undue influence or lack of testamentary capacity. However, as demonstrated in a recent decision of the New York Appellate Division, it can be difficult to prove your case. The decision highlights … Read more
Adults can provide instructions in their will regarding disposition of their remains or designate a person in their will who will make that decision. However, many people die without a will. In that situation, who decides what happens to your body when you die? Who Decides How Your Remains Are Disposed of When You Die … Read more
When developing your estate plan, it is important to provide your lawyer with information on all of your financial assets. This is because executing a will is not sufficient to dispose of certain assets, known as “non-probate assets.” Such assets are not controlled by the terms of your will but must be considered in your … Read more