Few allegations generate more emotion in a probate proceeding than a claim that a loved one was pressured into signing a will. Family members may believe that a sibling, caregiver, neighbor, friend, or later-life companion manipulated the decedent into changing an estate plan. In many cases, those suspicions become formal objections...
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Updating an Estate Plan After Divorce in New York
A divorce changes a family structure, but it does not automatically clean up every estate planning document, beneficiary designation, fiduciary appointment, or jointly held asset. Many people assume that once a judgment of divorce is entered, their former spouse is completely removed from all estate-related documents. In New York, that assumption is...
What Happens If Someone Dies With an Unsigned or Improperly Executed Will in New York?
One of the more difficult situations in estate administration occurs when family members discover a document that appears to be a will, but questions immediately arise regarding whether it was properly signed or legally executed.
Sometimes the document is entirely unsigned. In other situations, the decedent may have signed...
What Is a Kinship Proceeding in New York Surrogate’s Court?
When a person dies without a will in New York, the estate generally passes to surviving family members under New York intestacy law. In some estates, identifying the proper heirs is straightforward. In others, the Surrogate's Court may require proof regarding the decedent's family tree before estate assets can be distributed.
New York Estate Planning in 2026: A Plain‑English Guide for Long Island Families
Estate planning sounds complicated, but at its core it is simply a plan for who is in charge and who receives what if you become disabled or pass away. For Long Island families, that plan has to work within New York’s specific rules and the Surrogate’s Courts that handle estates. In this...
8 Frequently Asked Questions on Last Wills and Testaments
Starting an estate plan can be overwhelming, and you probably have many questions. You are not alone. Below are eight questions people often ask about last wills and testaments as they begin to think about estate planning.
1. Aren’t Wills Only for Wealthy People?This...
Do You Need a Trust?: Estate Planning Q&A
According to the 2023 Wills and Estate Planning Survey by Caring.com, only 34 percent of Americans have an estate plan.
The primary reasons respondents gave for not participating in estate planning are:
Procrastination Believing they need more assets Not...Should I Explore Qualified Longevity Annuity Contracts?
In late 2022, the federal government passed legislation known as the SECURE 2.0 Act. Provisions in this bill have made it easier for people to fund certain annuities that can delay taxes on their retirement funds until the age of 85.
First, What Is an Annuity?Why You Should Designate Beneficiaries
According to WealthCounsel, over a third of Americans have experienced or witnessed familial conflict when someone dies without an estate plan. While most people believe having an estate plan is important, only a third have a plan in place, per Caring.com’s 2023 Wills Survey.
While most adults...
Will Robotics and AI Be the Future of Elder Care?
Adults 65 and older constitute the fasting-growing age demographic in the United States. When it comes to elder care, this expanding population is facing a scarcity in people equipped to support them as they get older.
One estimate predicts a shortage of 151,000 paid direct care workers and 3.8...