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New York Has a New Power of Attorney Form A durable power of attorney form enables someone to take the reins of your life and manage your affairs, while you are alive. It’s essential if you lose mental capacity, and can avoid the need for a...

Probate generically refers to the process of winding up one’s life affairs, and distributing property to loved ones. But as a legal matter, not all assets are distributed through the court process of probate. What is probate and why do people...

Trusts are separate legal entities, in much the same way as corporations and LLCs (limited liability corporations). Their operating rules are spelled out in a legal document known as a trust agreement. The trust is...

When you ask what will happen when you die, it’s not just an existential question. You want to know what will happen if you die without a will. There’s a myth that the government will take your assets, but that’s not true. Instead,...

Probate is the process of having a court determine if a will is properly executed so that estate administration can get underway. As part of the process, a fee is paid to the county and notification is given to creditors, heirs, and beneficiaries....

Instead of leaving property to a loved one under a will, clients often create a “living trust” to get the job done. With a living trust, it is easier to change beneficiaries, as well as who gets what when you pass away. Changes to a living...

You absolutely need a will if you want to provide for your significant other, best friend or favorite aunt. Otherwise, they will only inherit if they are named as an account beneficiary. Without a will, your closest family members will inherit. People...

For many clients today, their homes and IRAs represent their biggest assets. And both require special care and handling when leaving them to loved ones as part of an estate. Real estate passes per title on a deed and IRA assets pass to those...

You know estate planning is a critical part of taking care of your loved ones after you pass. You also know that trying to handle estate planning on your own is a huge mistake. Therefore, you need to find a trust and estate litigation attorney who...

I’m sure that I’m not alone thinking now would be a good time to be in Florida. For many New Yorkers, what starts out as a seasonal home morphs into a primary residence. Aside from the weather, Florida attracts new residents because it has...

Estate planning is an important part of getting your affairs in order. During the estate planning process, you’ll need to decide if you want a will or trust. Look at some reasons why you might need a living trust. Then, you can hire a trust...

When someone needs nursing home care or has extensive medical expenses that he/she cannot afford, Medicaid may provide benefits/services not covered by Medicare. Medicaid is a joint federal-state program. Each state has its own Medicaid rules that...

A trust is a separate legal entity whose “rules of the road” are governed by a trust document or trust agreement. A trust is managed by a trustee, who can be a family member or an independent person or financial...

In today’s competitive job market, many employers require employees to sign a non-compete agreement or include non-compete provisions in employment agreements as a condition of employment. For employers, non-competes have a role in protecting...

Rarely a week goes by without a call that goes like this: “I used an online service to prepare my will. Can I make an appointment to have you read it over to make sure it’s right and then have it signed?” SCHEDULE A CONSULTATION...

If you’ve been fortunate to own an out-of-state  vacation home – maybe in Florida, Vermont, Cape Cod or Maine, estate planning is essential if you’re a NY resident.  Real estate is always probated or transferred pursuant to...