Getting a letter of testamentary is what you need to proceed in probate court. You will need to file a death certificate and a will with the county, then your official form requesting your letter. As the executor of an estate, you must take care of all financial tasks before you can officially close out an estate and fulfill...
Continue ReadingWhether you are getting married now or you are considering it, you must set up protections for your assets in your second marriage. Otherwise, you could have assets go to the wrong family members, which only creates more issues for the loved ones you leave behind. First of all, even if you have not officially tied the knot, you...
Continue ReadingProbate’s length depends on the complexity of the case and whether you have anyone contesting. However, you can expect anywhere from six months to up to two years. Likewise, you could have such a straightforward case that you are done, and the case is completed in two months – however, that is rare. One of the first questions our...
Continue ReadingWhen and how long Medicare covers nursing home costs will vary, but understanding how your benefits work and when they kick in is critical when you require nursing home care. Most seniors will reach a point where they need nursing home or long-term care. Sometimes, it is only after an illness or accident, while other times the situation is...
Continue ReadingWhether you are looking for nursing homes for yourself, a spouse, or an aging loved one, it is imperative that you do your research first. Nursing homes are plentiful, but not all of them offer the same care that you would expect. By understanding the basics to include in your search, you can narrow down the list of choices...
Continue ReadingOne of the first things you and your soon-to-be spouse think of after getting engaged is planning the wedding and how your future will be with one another. Most likely, the last thing on your mind is your estate plan. However, an estate plan is critical when a significant life change happens – such as getting married. Whether you...
Continue ReadingWhen you draft your will, you have the best intentions for your loved ones. You want to provide for them, make sure they have a healthy financial future and have a little extra for what they need. Unfortunately, when wills go through probate, emotions, combined with high sums of money, take over. This can lead to fights among siblings,...
Continue ReadingAs a grandparent, you want to secure a healthy financial future for your grandchildren. One of the better ways to do that is through a trust. Trusts, in general, are excellent ways to pass assets to beneficiaries, and they can also help your grandchildren achieve their goals later in life. If you are considering leaving property or some of...
Continue ReadingThe job of being an estate’s executor is not an easy one. This is why, when you designate someone, you do so with extra care. You pick someone organized, efficient, and mentally ready for the job ahead. Whether you are working to pick an executor or you were named the executor of an estate, there is much to still...
Continue ReadingRetirement is around the corner. And while you have most of your retirement planning complete, the one area you put off is now knocking at the door. Medicare and Medicaid become staples for retirees in New York. Without them, you do not have coverage for prescriptions, medical costs, and even nursing care. Therefore, it is time to pull out...
Continue ReadingToday, you can do almost anything online. You can open a bank account, start a retirement, open a business, and more. With the plethora of do-it-yourself websites out there and articles showing you the steps, you might assume that you can create your estate plan using one of these sites and save yourself thousands. Unfortunately, estate planning is not...
Continue ReadingMore baby boomers are hitting 65 each day and will continue to do so into 2030. Therefore, the issues surrounding elder law are becoming more mainstream, especially as more enter or head toward retirement and start looking at the facts. From Medicare to long-term care coverage to Social Security, there is a lot to know about elder law. Naturally,...
Continue ReadingThe probate process typically starts after your loved one passes away. The purpose is to administer the estate of that deceased person, and it gives an opportunity for heirs to challenge the will if they feel there was tampering. Most probates go through without issue. However, there could come a time when legal heirs want to challenge a will...
Continue ReadingAn elder law attorney serves as your advocate and also your family’s guide. This area of the law specializes in the unique range of financial and legal matters older adults face, including everything from health care planning to long-term care to guardianship and estate planning. An elder law attorney is a specialist because they focus specifically on the issues...
Continue ReadingIf you have a family business or started a company that you would like to keep in the family after you pass away, you need to create a succession plan. Even if you wish to sell that business, speaking with an estate planning attorney about your business’s future is critical – and you can incorporate your business succession plan...
Continue ReadingDescription: An elder law attorney can help you long before retirement with everything from long-term care to Medicare and even the creation of an estate plan. You know that you need an elder law attorney. But as you ponder over your options, you might have noticed some attorneys have called themselves “certified,” while others do not. The certification they...
Continue ReadingIf you are like most who are starting out with estate planning, you have heard of probate court – and you know that you want to do what you can to avoid it. What you might not have heard about is an ancillary probate. Ancillary probate is a secondary probate for your estate when you own property in another...
Continue ReadingIt is not uncommon to find a client that has property in multiple states. Usually, it involves an individual or couple that has their primary home here in New York but a vacation home elsewhere else in the country. Whether you have a vacation home in Florida for the warm summers or a snow-ready cottage in the mountains of...
Continue ReadingAn executor has a duty to the estate to complete the probate as quickly as possible. While sometimes it takes a few months, estates can take up to three years to complete. An executor is a party who oversees administering an estate after the individual dies. In New York, they can invest whatever amount of time necessary to settle...
Continue ReadingWhen you are looking for an elder law attorney, ask these questions before hiring him or her to make sure they are the right fit. As you age, concerns about your living situation, care needs, and finances start to arise. You might wonder how you will pay for long-term care, what will happen to your assets, or who will...
Continue Reading