Preserving our assets for future generations can be a difficult task. There is a large array of estate planning tools at our disposal, and choosing the right ones for your needs requires careful thought and consideration. This dynamic is particularly true if we wish to protect our assets from the rising threat of nursing home costs, Medicaid costs, and...
Continue ReadingAt the Law Office of Andrew M. Lamkin, P.C., we understand how damaging a breach of trust can be. In the contexts of estate planning, estate administration, and residential real estate, professional relationships are often built on a foundation of trust and accountability. Thankfully, the law imposes specific standards on many professionals who work in these industries. These standards,...
Continue ReadingWe understand how difficult it is to lose a loved one. In addition, the legal process of sorting out your loved one’s estate can seem overwhelming when you are grieving. However, it may be comforting to know that a probate lawyer can help you navigate the oftentimes complex probate procedures in New York. At the Law Office of Andrew...
Continue ReadingHave you recently been appointed the executor, trustee, or administrator of an estate? If so, you may have been presented with the term “fiduciary duty.” And you may wonder, What is a breach of fiduciary duty? It is understandable that this term is unfamiliar to you if you have never been appointed to manage an estate before. Therefore, we...
Continue ReadingEstate planning is critical for everyone, whether you’re married, single, straight, or LGBTQ. Marriage equality became the law of the land in 2015, with the U.S. Supreme Court decision in Obergefell v. Hodges. However, because of historical and ongoing discrimination, those in the LGBTQ community who are aging often rely on partners or caregivers with whom they have no...
Continue ReadingTransferring property after someone dies can be challenging. When a person dies in New York, their entire estate must be dispersed according to the instructions in their will, living trust, or intestacy laws. If the deceased person, also called the decedent, didn’t leave a will, or set up a trust, then the probate court must determine who receives any...
Continue ReadingA probate sale is the sale of a deceased person’s real property overseen by the probate court. Because there might be competing interests in that real estate, there can be legal ramifications to buying, selling, or possessing property from a probate sale. When you are participating in a probate sale, an attorney familiar with New York’s Surrogate Court and...
Continue ReadingWhile many people know the value of estate planning, only one in three Americans has a will. For most people, the number one reason for not having an estate plan is that they simply haven’t gotten around to it yet. Neglecting to plan for the future can have unexpected and undesirable consequences for your family. An estate plan can...
Continue ReadingA will is a legal document that explains how a person’s assets and belongings should be distributed after their death. In New York, there are rules a will must follow to be valid and enforceable. Handwritten wills and oral wills do not usually follow these rules. Because of this, handwritten or oral wills are only enforceable in New York...
Continue ReadingThe probate process begins when a person dies, and the family delivers the person’s will to the probate court. The probate court appoints a personal representative who manages the estate. That person is legally responsible to the family and other interested parties for how they handle the estate. Once the personal representative distributes the estate assets, the probate process...
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