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What Is The Difference Between A Power Of Attorney (POA) And Executor?

Quite often, clients (or potential clients) do not fully comprehend the role of both the agent appointed under a Power of Attorney and that of an Executor. Or more importantly, when the role of the agent under that power of attorney ceases. Typically, people sign what is known in New York as a Durable Power Read on…

How To Find An Executor For My Will?

The fact that you are contemplating an executor for your Will signifies that you have taken the first step on taking control of your estates when you pass away. Remember that if you don’t have a validly executed Will when you pass away, the laws of intestacy will decide who inherits your estate. In order Read on…

How To Avoid Probate On Bank Accounts

There are various methods by which one can avoid having their assets await the outcome of a probate proceeding. This time frame can increase in the event that one of the interested parties to such a proceeding decides to contest the will. One of the simpler assets that should always be structured to avoid probate Read on…

What If The Will Maker (Testator) Becomes Incompetent, Does That Invalidate The Will?

When a will is executed in New York State, one of the requirements of a validly executed will is that the person who is signing the Will (testator) possesses testamentary capacity. But what if the person who created the Will becomes incompetent? Does that invalidate the Will? When is a Will not valid? It is Read on…

Do I Have To Draft A New Will If I Move To Another State?

Do you need to draft a new Will if you move to a different state? This question often occurs when one has a New York Will but is moving to another state. The simple answer is – it depends. In most cases, Wills that are executed in New York will comport to the estate and Read on…

Estate Administration: What To Expect When Settling An Estate

The question as to what to expect when settling an estate cannot be simply answered in one blog. But there are some factors to consider if you are appointed as a fiduciary of an estate. The first key question is whether the decedent had a Will or not, and if there is a Will, you Read on…

Do I Need To Draft A New Will If I Move From New York To Another State?

The short answer to this questions is “it depends”. As a rule of thumb, I advise clients that if they move from one state to another, it is a good idea to update their will. The reason for this is that a will that was drafted and executed in another state will only be valid Read on…

How To Dispute A Will Based Upon Undue Influence?

New York probate law sets forth very specific objections that one can utilize to contest the validity of a NY Will. The first parameter before even getting to the issue of filing objections is that one has legal standing to initiate such a challenge. Assuming you meet the initial hurdle of having a pecuniary interest Read on…

What Is An Estate Plan And How It Can Help You?

The creation of an effective estate plan can be one of the most important decisions in your life. Or for that matter, for your family and loved ones as well. The importance of deciding how and to whom your assets will be distributed when you die is of paramount importance. However, an estate plan goes Read on…

What Should I Do If I Am Charged With A DWI And There Is A Motor Vehicle Accident?

As serious as a charge of misdemeanor driving while intoxicated (DWI) pursuant to New York Vehicle and Traffic Law (VTL) 1192.2 can be, the consequences can be even direr if there was a motor vehicle accident involved. Depending upon the extent of injuries, the charge can be elevated to criminally negligent homicide or manslaughter if Read on…