COVID-19 Update:

We are still available and able to have teleconference or video conference consultations

March 6, 2021


Does Guardianship Override Parental Rights?

Although parents generally retain their parental rights even after a guardian is appointed, the rights of a guardian can override the rights of the parents, to the extent ordered by the court that established the guardianship. Nevertheless, a parent may seek revocation of a guardianship. What Is a Guardianship? A guardianship is a legal arrangement […]

Time Limits on Probate Applications: What You Need To Know

The Uniform Rules for New York State Trial Courts, Part 207 imposes no formal probate time limit on executors. Theoretically, you could wait for decades to apply for probate, and some people have. Once you begin the process, however, individual courts do set their own probate time limits for when various documents must be submitted. […]

How to Deal with the Property of a Loved One Who Has Died

The death of a loved one is always a difficult time – a time that few of us will be able to avoid during our lifetimes. The emotional turmoil that accompanies the death of a loved one is further intensified if the death was unexpected. Despite this turmoil, there are a number of steps that […]

How to Plan for Incapacity in Your Will and Trust

New York state trusts and estates law provides several legal vehicles that allow you to state your wishes concerning what should be done in case you someday become incapacitated. The most popular of these vehicles include the revocable living trust, the living will, various types of power of attorney, and the Health Care Proxy. You […]

What Does It Take to Remove a Trustee from a New York Family Trust?

New York state law provides numerous legal grounds for removing a trustee from a trust. These grounds apply to many different types of trusts, including family trusts. The trust document, created by the grantor of the trust, can specify additional grounds for removing the trustee of a family trust. Grounds for Removal of a Trustee […]

Have You Included Your Retirement Plan in Your Christmas Budget?

One of the most important rules of financial management is to pay yourself first. Likewise, while you are shopping for Christmas presents, you should buy a present for yourself first in the form of an investment in your retirement plan. With the old year coming to a close, the Christmas season is the perfect opportunity […]

What Happens after Probate Is Granted?

Once probate is granted, that is when an executor’s primary duties begin. Now it is time for the executor to start gathering assets, paying off any debts, and filing papers with the court to administer the estate and eventually close it out. The entire process begins with the executor requesting probate from the court, which […]

How Do I Know If an Elderly Loved One Needs a Nursing Home?

One of the most challenging questions family members will find themselves asking as their loved one ages is whether or not to place that loved one in a nursing home. Every situation is unique, and there is no one-size-fits-all answer to this question. Instead, you must consider all of the factors and then decide if […]

What To Do if You Inherit Property Out of the State?

Inheriting property out of state will require extra steps before you can take over that property – whether you plan to live in it, rent it, or just sell it. There are ways to help loved ones avoid these issues if you plan to give an inheritance to someone out of your state, and knowing […]

COVID-19: Should I Remove a Loved One from a Nursing Home?

You trust that a nursing home will care for your loved one. After all, that is what you are not only paying them to do, but the entire reason you put them there in the first place. Amid a pandemic, you may wonder if you should remove your loved ones. The news stories about COVID-19 […]