When someone dies, they are referred to as the decedent and those named in their will or trust are their beneficiaries.  If the decedent died without a will (or what is called intestate) then those who will inherit from them are called their distributees.  If a beneficiary (or a distributee) dies before the decedent, then […]

If you are a parent or caregiver of a child with special needs, you may have many questions and concerns about how to plan for your child's future. Whether your child has a developmental disability, a medical condition, or a learning disability, you likely want to make sure that they have the best possible care […]

When a married couple prepares an estate plan, they have the option of creating a joint will.  A joint will is a legal document that outlines the wishes of both spouses for the distribution of assets upon their death.  While joint wills may seem like an appealing low-cost option, there are several reasons why a married couple may […]

Joint accounts and beneficiary designations are often used as convenient ways to manage financial affairs and ensure that assets are passed on to loved ones after death. However, these methods have several pitfalls that can cause problems for both the account holders and the intended beneficiaries. One of the biggest drawbacks of joint accounts is […]

If you find yourself making an interstate move, there will be plenty of logistics to tackle - purchasing or renting a new home, updating your driver’s license and car registration, getting your children settled in a new school, and finding new doctors, but do you also need to update your estate planning documents? In theory, […]

While we may love our children’s spouses, the truth is that when planning our estates, the majority of us don’t want our sons-in-law and daughters-in-law to inherit from us.  This common sentiment combined with the unfortunate reality that a significant percentage of marriages in this country end up in divorce, means that everyone should engage […]

Trusts are powerful and highly versatile estate planning tools.  They are very commonly established by individuals for the benefit of their surviving family members after their death.  They can be used to control assets and how, when, and to whom they are distributed.  There are living trusts and testamentary trusts as well as revocable and […]

A significant percentage of married couples in New York own their home jointly with their spouse, usually as tenants by the entirety. This means that when one of them passes away, the surviving spouse becomes the 100% owner of the home automatically.  It is also not uncommon for the surviving spouse to consider selling the […]

Estate Planning for Unmarried Partners Estate planning is important for married couples, but it is absolutely vital for couples who choose not to get married.  Unmarried partners do not have the same privileges and protections as a legally married spouse – without proper planning, they will be unable to participate in your end-of-life care and […]

Probate is the process by which a will is validated by the surrogate’s court. Unfortunately, problems can arise when a will offered for probate many years after it was made. Witnesses can be very difficult to find so many years after a will is signed, and in many cases, they have predeceased the testator. Since […]