Despite the prevailing view, children born to unmarried parents are commonplace. Historically, children in this category were treated poorly by both society and the law. In many cases, they had no right to inherit from either parent. This legal scheme eventually changed and provided means for these children to inherit from their mothers, but rarely their fathers, until the late …
Why Is My Trust So Long?
When you met with an attorney a few weeks ago, perhaps all you expected was a simple will. Maybe you thought that, with your situation, the work should be easy and the documents should be few. But now that you have finished working with the attorney, your parting gift is a large binder filled with hundreds of pages. You may …
Athletes: Your Game Is Not the Only Thing That Needs a Winning Strategy
In sports, success frequently brings significant monetary compensation. While this is a dream come true for most individuals, it is important to take the right steps to safeguard this hard-earned money. Most people assume that the biggest challenge is spending beyond one’s means. While this can cause many problems, it is not the only issue that athletes need to be …
Protecting a Loved one Who Is, Will Be, or Has Been Incarcerated
It is natural to want to protect our loved ones no matter what. However, you may be finding it difficult to provide a prosperous future for your loved one if that person will be, is, or has been incarcerated. Unfortunately, this event will forever change your loved one’s life, but with the right planning, you may still be able to …
Wills, Trusts & Dying Intestate: How They Differ
Most people understand that having some sort of an estate plan is a good thing. However, many of us do not take the first steps to get that estate plan in place because we do not understand the nuances between a will and trust – and dying without either. Here is what will generally happen if you die, intestate (without …
Discretionary Trusts – How to Protect Your Beneficiaries from Bad Decisions and Outside Influences
Although leaving your hard-earned assets outright to your children, grandchildren, or other beneficiaries after you die may seem like the easiest and most desired form of distribution, this scheme will make their inheritance easy prey for creditors, predators, and divorcing spouses. Instead, consider using discretionary trusts for the benefit of each of your beneficiaries. What is a Discretionary Trust? A …
Wondering Whether You Need to Update Your Estate Plan?
Yes, You Do, and Here’s Why Please allow us to be frank. It’s unrealistic to think that a piece of paper you draft, reflecting your life at a certain time, will work when your life has completely changed some years later. We’ll use the Kendrick family as an example. Meet the Kendricks Meet Bill and Karen Kendrick. They got their …
Questions to Ask When Hiring a Fiduciary
A comprehensive estate plan consists of several documents that accomplish three important things. First, they lay out your wishes for the handling of your money and property during life and at death. Second, they explain your medical wishes if you are no longer able to make them yourself or communicate them to others. Third, they list the trusted individuals you …
NY Estate Planning: Electronic Execution of Last Will and Testament
Typically, a will must be signed in front of two (2) witnesses and other estate planning documents require a notary. Now, due to social distancing guidelines, Executive Order No. 202.14 issued by Governor Cuomo states, in pertinent part, that witnessing can be performed via audio-video technology as long as certain conditions are met. Similarly, under Executive Order No. 2020.7, so …
Episode 4 of Ag Law Today: Last Will and Testaments
Hear me discuss all things Last Will and Testaments on this week’s Ag Law Today along with Deborah Kaminetzky, who has been a mentor of mine since the infancy of my law practice (you have her to thank for my matrimonial part of my law practice). Listen as Deborah bestows her wisdom to us.