Estate Law

There is a common misconception that estate planning is to be utilized only by older individuals. This is not the case. In fact, the earlier one creates their estate plan in their lives, the better things will be in the event of any unforeseen life events. Within the context of a will for a young Read on…

If one believes that an executor is stealing, misappropriating, or otherwise improperly utilizing estate resources, an interested party or beneficiary has numerous channels for recourse. However, as these are strong accusations, one who is accusing the executor should have concrete evidence to substantiate their claim and not rely on pure speculation or conjecture. If you Read on…

There are many life changes that occur during one’s existence, not the least of which is moving to another location. Quite often, for job placement or family reasons, the move is to another state. Along with this move comes the inevitable question of whether one’s will and other various estate planning documents are valid in Read on…

There are specific provisions that can be set up in the context of a will to provide a funded trust for one’s pet. I sure understand that a pet is a loved one that is part of the family. A provision should be included within the context of the will that creates a testamentary pet Read on…

Quite often, people can get confused and interchange the use of the term “living will” and “health care proxy”. While the two terms are not synonymous, they are often combined into one document known as a “Living Will and Health Care Proxy”. Typically, the living will sets forth advanced medical directives for health care professionals Read on…

The question often arises as to when to get a power of attorney for an older parent. There is no one simple answer to this question but there are certain factors to be taken into consideration when making this decision. The Durable Power of Attorney is a powerful document that grants the agent the power Read on…

Quite often, estate clients are interested in the creation of a trust, whether revocable or irrevocable, with varied purposes in mind. A trust is what is known as a testamentary substitute, meaning that assets that are titled in the name of a trust will pass outside the purview of a Last Will and Testament. This Read on…

When a person dies intestate (without a will), statutory law determines how that person’s estate will be distributed. Essentially, the assets are divided according to who is that person’s next of kin. Once necessary funeral expenses, estate administration costs, debts, and taxes of the decedent and estate are paid (i.e. final income taxes (IRS 1040), Read on…

In prior blogs, I have discussed what happens to your estate if you die “intestate”, or without a will. Now I shall discuss who will be appointed an administrator to oversee the management of your estate if you die without a will. The Surrogates Court Procedure Act, more particularly, SCPA 1001, sets forth the priority Read on…

Generally speaking, it is the responsibility of the fiduciary appointed by the Court (i.e. executor, administrator) to be in charge of the estate bank accounts. Banks and financial institutions will need to see certificates of Letters Testamentary which grant the authority to the executor to conduct estate business, including the ability to open an estate Read on…

There are various estate planning strategies that are appropriate for a person in their 30s who is recently married. The most basic of estate planning strategies is to have you and your spouse execute a Last Will and Testament. These are fundamentally the most important estate planning documents that one can have because they set Read on…

It is not uncommon for a family member to disinherit another in their Last Will and Testament for fears that the person may be a spendthrift or squander monies that the person signing the Will (Testator) worked their whole lifetime to amass. Another method of disinheritance occurs when a Testator seeks to disinherit a family Read on…

While a New York wills attorney is normally consulted in the estate planning process, some people choose not to create a will.If you die as a resident of New York State without a will (intestate), the laws of intestacy will control how your estate will be distributed. The rules are set forth in the New Read on…

Whether you inherit real or personal property in New York, it is always important to have an experienced estate attorney consult with you to properly advise as to whether you are receiving your appropriate share of an estate. At the Law Offices of Michael W. Alpert, Esq., we offer a free initial consultation to review your Read on…

Money remaining in a savings account may or may not come under the purview of the Surrogate’s Court in the event that an account holder dies. Say for example Person A and Person B have a joint savings account with Bank X. If Person A dies, then Person B automatically is entitled to the full Read on…

When a married couple owns a house, they ordinarily take such property as tenants by the entirety. In simple terms, they are joint tenants with rights of survivorship, meaning that if one spouse dies, the surviving spouse takes ownership of the entire property (i.e. fee interest) by this right of survivorship. This scenario is one Read on…

If a family member wants to contest the validity of a will in New York, there are certain factors to take into account. One can contest the validity of a Last Will and Testament as to the testamentary capacity of the testator (individual signing the will) and whether certain formalities were followed to ensure valid Read on…

Speak to your New York estate planning lawyer and you will find out that The Durable General Power of Attorney (known as the “POA”) is a vital tool for families in New York who are caring for an elderly or disabled relative, especially when cognitive impairment and dementia is an issue. The Power of Attorney Read on…

It is a very common question that arises. And the question can occur at any time in one’s life, whether taking that first new job, getting married, having children, getting divorced, or preparing for retirement. “Should I have a will?” is the common question. The emphatic response is “Yes”. There are many reasons to have Read on…