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Tips For Overwhelmed Executors

Quite often, one assumes the role of executor (or administrator) for an estate without realizing many of the complexities associated with being appointed a fiduciary of an estate by the Surrogates’ Court. I usually explain to clients that being an executor of an estate is no different than being a CEO for a corporation. You Read on…

Misconceptions About Power of Attorney

In New York, the power of attorney is an important document, to say the least. It has far-reaching consequences which it is why it is crucial to understand the misconceptions about this document. Generally speaking, my powers of attorney (POAs) that are executed in New York are “durable’, which means that they take effect immediately Read on…

How Does An IRA Fit Into My Estate Planning?

Most IRAs, whether traditional or Roth IRAs, play a key role in estate planning. As long as an IRA has a named beneficiary, when the account holder passes away, the beneficiary will receive the proceeds of the IRA by operation of law. All that would need to be provided to the financial institution where the Read on…

If I Don’t Have An Estate, Do I Really Need An Estate Plan?

The question often arises as to whether an estate plan is necessary if you don’t believe you have an estate. The fact is that most people, whether they realize it or not, actually do have an estate. Real property aside, you may have checking accounts, savings accounts, IRA, pensions, or other financial accounts that may Read on…

Financial Capacity & Estate Planning In Order To Avoid Probate

Today on our blog, we have a guest post on a topic that affects everyone – estate planning. Specifically, estate planning and financial capacity. While we normally talk exclusively about elder law, part of estate planning also involves understanding your financial capacity as well. In this blog we discuss an intro to understanding your ability Read on…

When Does A Power Of Attorney Take Effect And How Long Does It Last?

The effective date by which a New York Power of Attorney takes effect will be a direct consequence of the type of document that is executed. A vast majority of clients sign what is known as a Durable Power of Attorney. A durable power of attorney takes effect immediately upon due and proper execution by Read on…

Can A Traffic Ticket Be Dismissed In New York If They Put A Middle Initial On A Ticket And You Don’t Have One?

Generally speaking, certain ministerial errors on the face of an accusatory instrument (i.e. traffic ticket) can be cured upon refiling within the time frame permitted by statute. If the ticket is issued to a person who otherwise meets the description (i.e. height, weight, eye color, license ID number) of the motorist, but an erroneous middle Read on…

When Is It Worth It To Contest Or Fight A Ticket?

As it goes with most questions in life, there isn’t always a simple answer. This question is no different. Generally speaking, it is worth it to contest or fight a traffic ticket. In a vast majority of cases, you are better served by having your case handled by an experienced traffic violations attorney. Depending upon Read on…

What Happens To Properties Purchased By A Decedent After A Will Is Drafted?

If a person has a will previously executed, and subsequent to the publication and execution of said will has purchased property, the language of the will shall speak to this issue. While it is important to update a will after a change in life circumstance, another basis to update would be the purchase of a Read on…

How Much Does It Cost To Make A Will?

The question as to the cost to draft a will by an attorney can not be settled with a simple monetary figure. There are so many components that speak to this issue. Above all else, it is imperative that you utilize an experienced estate planning attorney who can properly guide you as to the necessary Read on…