Post Mortem Issues Archives - Timins Law Group

Don’t Let Aunt Mildred’s Photo ID Expire

Posted on December 20, 2024

You will need valid photo identification for the remainder of your life. From signing legal documents to opening new bank accounts, government offices and financial organizations require valid picture identification to legally transact business. So it is concerning to learn that most elderly individuals do not have any valid photo ID, and downright frustrating to realize this lack of legal photo identification can cost families tens of thousands of dollars during the last years of their loved ones’ lives. As we age, our photo identification expires and is not renewed for mostly predictable reasons: People no longer plan on traveling so they do not renew their passport, they move in with a family member or to an assisted living

Living Wills in New York May be Useless

Posted on November 14, 2024

There are few rational reasons to having a Living Will in New York, almost no legal benefits to having one, and Living Wills may cause more confusion than guidance in your final days of life. There are several misperceptions concerning what a Living Will actually is. For starters, the very name “Living Will” is a misnomer: It is neither a living document (because it discusses your desire to have someone “pull the plug” on life sustaining measures), nor is it a will (a document which distributes property upon your death). Some people refer to this document as an “Advanced Directive”, but I am pretty sure the Advanced Directive is a Star Trek term regarding Captain Kirk’s alien kissing fetish or

Don’t Die Alone in Your Apartment

Posted on October 3, 2024

Few of us choose when we die, but where we die can raise difficult legal consequences. Your family may face legal hardships when you die alone at home. If you are the sole resident of your home and die in the home alone, several parties – including the local police – show up to remove your body and “police tape” your front door. This is the equivalent of having yellow and black “Crime Scene” tape around your home. Once this happens, if your family enters your home they could face criminal charges. While the authorities will take steps to safeguard your pets, everything else in your home – from your jewelry and personal belongings to prescription drugs – are just

Dead Before His Time: Kobe Bryant and His Possible Estate

Posted on January 27, 2020

I remember being a college student when I first saw the future phenom of the Los Angeles Lakers play for the first time. He was 16 years old, grew up in Italy, seemed like a good kid, and his relentless drive to win was only equaled by his controlled contorting drives to the basket. I lived in Southern California when Kobe, Shaquille O’Neal, and a host of great supporting players won the Threepeat NBA championships of the 2000s. It was a well-known fact that Bryant’s Give-ME-The-Ball style of play, insistence on taking impossible shots and general separation from his colleagues made him incredibly unpopular with his teammates, but he sunk the big shots and the endorsements came pouring in. Kobe

Some of the Many Reasons Estate Attorneys Should NOT Work with Citibank

Posted on January 13, 2020

While I have made sweeping generalizations that corporate trustees will take money from you faster than hitting after you draw 17 in Vegas, it’s pretty rare that I overtly criticize a particular financial institution in my blogs. But since I can’t hide my frustration anymore (and since proving libelous behavior requires a written statement to be untrue, which none of the following is) I feel it is time to send out a warning to my Estate Planning and Elder Law attorney colleagues: Do NOT work with Citibank, and tell your clients not to, for the following reasons: The Inmates Get the Keys to the Asylum: Citibank allows their desk clerks to review your legal documents and make their own assessment

When “Transfer On Death” Accounts Go Bad

Posted on January 7, 2020

If you have ever had to deal with a complicated or contested Probate over a family member’s Will, you know that a lot of your problems would have been avoided if funds had instead been held in Transfer On Death [“TOD”] accounts: While Probating a Will requires a lot of court paperwork, time, and the cost of paying an attorney to help navigate through the proceeding, TOD accounts transfer as Operation of Law assets, meaning all the beneficiary of the account has to do is show up with an original death certificate. But sometimes TOD accounts are not properly set up, cause confusion or secrecy where none was desired, or end up being transferred to people you don’t want them

The Many Risks of “Deathbed” Estate Planning

Posted on August 30, 2019

I can appreciate that planning for your own demise years before your death is not as exciting as planning your next K-Pop karaoke face-off (or any other activity imaginable for that matter). Yet many people fear death so much during their healthy and convalescing periods that they take no estate planning actions whatsoever in the hopes that ignoring this 12,000 pound gorilla will make it just go away. It doesn’t, so many estate planners are – frankly too often – called in during a new client’s final living days to draft their Will, create and fund trusts, or update beneficiary designation forms. These last-ditch “Deathbed” Will signings do not achieve their desired end result an inordinately-high amount of the time

Wills: What Do Executors Get Paid in New York?

Posted on July 3, 2019

When your Will is probated your Executor is entitled to receive a commission for their work. And while you can define what that commission is in your Will, most people choose New York’s statutory guideline for that commission (the concern is that if the fee is too low no one will want to be Executor, since you can’t force someone to do the job). In New York, that statute is created by the Surrogate’s Court Procedures Act, Section 2307, and it has a lot of juicy details that differentiate it from other state’s more-streamlined statutory commissions: Keep in mind that any assets which pass through a living trust, a joint account, or assets passing by “operation of law” (such as

Unsigned Wills Are Meaningless (and Photocopies are Not Much Better)

Posted on April 10, 2019

I like to remind people that the laws regarding modern U.S. Wills, not only predate the founding of the U.S., but actually predate European discovery of the Western Hemisphere. In Olde England in the city of York having a signed, witnessed piece of paper instructing how you wanted your property to be distributed after your death was often the only way to ensure your desires were fulfilled. Original paper mattered back then – there were no other recording devices or accounts with beneficiary designations – and witnesses would later attest to the fact they had seen you sign said paper instead of someone else. And original, signed paper still matters for several legal documents today, including your Will. The issue

Requiem for Stan Lee: Superhero of the Superheroes

Posted on November 15, 2018

As a former collector of Bronze-Age Marvel comic books, I was sad to hear of the passing of Stan Lee. As the creator or co-creator of so many comic book characters – the Fantastic Four, the Incredible Hulk, Spider Man, Iron Man, the Avengers, the Uncanny X-Men, Doctor Strange, the list goes on – Lee is one of the most meaningful entertainment influencers of our era. True, Lee owed a great debt to his prolific co-creators (and arguably more talented artists), such as Jack Kirby and Steve Ditko, but even though Lee’s style often promoted himself instead of Marvel and anyone else that made Marvel Comics the cultural juggernaut it has become, everyone from once-teenage comic collectors, to Disney executives

Angry Brothers Agree to Settle (Mom’s Estate)

Posted on October 5, 2018

You never know how close you are to your family until you have to share an inheritance with them. I am wrapping-up a case where my client’s mother died, leaving a Will that equally-distributed her real estate between her two somewhat-acrimonious sons. Usually this apartment would be sold, proceeds disbursed, and everyone would go their separate way. However, my client’s brother insisted that he could make them more money if he improved the real estate. His brother (my client) was not so hip on this idea – none of them had any real estate investing experience – but through sheer force, perseverance and presumption his brother had his own son move in (which he did – with a few kewl

A Funeral Fit for a Queen / King: Aretha Franklin v. John McCain

Posted on September 6, 2018

At the risk of sounding disrespectful (as opposed to actually being disrespectful, which I can also be at times), please allow me to be honest: We have all been to festive and frightening weddings, jovial and pathetic birthdays, and good and bad funerals. But instead of me brooding over how I never received a meal at my sister’s wedding eight years ago, let’s focus on what really matters: The people who spoke up, and what they said. John McCain’s funeral hosted a well-groomed, thoroughly vetted procession of speakers, guests and attendees. His eulogy by his daughter was heartfelt and appropriate for an American hero. He was even clear about who should and should not attend his funeral (while President Trump’s

Don’t Be So Sure Aretha Franklin Didn’t Have an Estate Plan…

Posted on August 31, 2018

Sadly, last week the Queen of Soul passed away with almost no hints beforehand that her death was imminent. And then, in yet another sensational example of Rock Stars behaving badly, the media rushed to declare that Aretha Franklin died without a Will, how irresponsible this was, how much money she must have had, and how a bunch of attorneys will now make millions off her estate. To reiterate my past-stated believes: Today’s mainstream media (not to mention non-mainstream media) is at best a conveyor of a little fact with a lot of opinion, and at worse completely full of ****. But stories about irresponsible celebrities sell in newspapers, tabloids, TV, radio, even in professional journals. I don’t believe it,

Facebook After Your Death: Enter the “Legacy Contact”

Posted on August 24, 2018

My Grandpa Joe died in 2012 at the age of 90, but before he passed he was able to figure out how to set up a Facebook account – no small feat for a man born before the invention of refrigerators, Ford’s Model T and frozen food. So, you can imagine my surprise when my Facebook account suggested I might want to “Friend” my grandfather in 2014. While Friending a deceased individual seemed novel, I sensed that continuing our actual relationship was one of the few things beyond Facebook’s ability to monitor. But while the law has slowly figured out that an Executor or Administrator of your estate is legally permitted to access your personal email and social media

The 4 Ways (and Best Way) to Leave Property Using Your Will and Trust

Posted on June 7, 2018

If you have not already, one morning you will wake up and finally accept the fact that one day you shall die. Not an easy thought but coming to this inevitable conclusion earlier in life has the benefit of allowing you to plan for the things that remain when you pass: Your family, friends, legacy, and money. And while you can use accounts that name beneficiary designations to transfer some property – such as retirement plans, life insurance, and transfer-on-death accounts – only Wills and Trusts allow you to transfer property at the point-in-time you desire (such as a beneficiary attaining a certain age), and include protections for beneficiaries (from creditors, spendthrift behaviors, special needs and addiction). But how much

8 Steps to Transfer Your Coop to a Revocable Trust

Posted on April 17, 2018

Coops are a pain in the neck to transfer, especially if you pass away and your Coop is being transferred by your Will: The Coop does not like accepting payments from non-tenants (because they don’t want to create an excuse for undesired tenancy outside of the proprietary lease and interview process), so months of unpaid fees and late charges begin to stack up waiting for the Surrogate’s Court to admit the deceased-owners Will to Probate. So, it should come as no surprise that someone thought “Hey, if I can transfer my Coop shares using a Revocable Trust, I can save a lot of time and family frustration.” And they were correct: If your Coop is owned by your Revocable Trust,

How to Write Your Own Eulogy

Posted on March 30, 2018

Only you can tell your story from your point of view. So, it comes as a surprise that many people have no written recounting of their life. In addition, it is sometimes easier to keep certain thoughts and feelings secret until you have passed away, but if you have taken no steps to memorialize how you want to deal with your loose ends, your unfinished business will remain unfinished. Remember the difference between a Eulogy and an Obituary: An Obituary is often an objective, somewhat-cold fact-based notice of your death; a Eulogy is a speech at your funeral meant to paint a picture of who you really were. A good Eulogy contains the following chapters: Origin: When

How the Probate Court Screws You if You are Old (OR: How to Screw Over Your Family if You Are Disinherited in the Will): Personal Service and New York Surrogate’s Court

Posted on March 26, 2018

Many people have a horror story, how Probating your family member’s Will took years, was a pain in the neck, and Aunt Mildred’s lawyer was to blame. And this is often at least partially true: New York Probates can have unusual complexities that will blindside an unsuspecting attorney. In my last blog I gave several reasons why the Court itself is usually to blame. Now I would like to focus on one way the system itself is faulty: New York’s Surrogate’s Court requires personal service on the next-of-kin. When a person dies and their Will is being submitted to New York’s Surrogate’s Court it must include (among other things) an original Death Certificate, a Petition requesting the Court to

When a Trust Beneficiary Doesn’t Have a Copy of Their Trust

Posted on March 1, 2018

The last few generations have seen an immense growth in wealth that can be transferred to family members. They have also seen an increase in the types of temptations available to those family members: More drugs, more frivolous items to spend on, more high-risk business opportunities that don’t pan out. So wealthy family members leave these bequests using trusts, so the funds may be protected from the beneficiary, for the beneficiary. But what happens when a beneficiary can’t find their copy of the trust, and what rights does that beneficiary have over those funds? I see this problem at least once per week: The beneficiary’s parent / grandparent / uncle left them funds in a trust, but the beneficiary

No One Likes Your Uncle Marvin: Isolated Aging Men

Posted on November 14, 2017

Many of us have an aging male friend or family member who is unmarried and has no children. This man, also known as your “Uncle Marvin”, is getting older, lives alone, and is probably financially prepared for the remainder of his life. But he may be completely unprepared for the legal consequences of his aging. Unlike his female counterparts, such as your Aunt May, Uncle Marvin and his male contemporaries are more likely to be emotionally isolated from other family members and socially separated from his community. In addition, our society still erroneously views men as competent, stoic loners who don’t require or desire our involvement with their lives. Even our health care and aging mechanisms are geared toward

Your Brother is Taking Your (Parent’s) Money

Posted on November 3, 2017

My grandmother used to counsel her friends with young children by sharing the phrase “Small children, small problems; big children, big problems…” Some siblings work a lot, take pride in their independence, and save their hard-earned money. And some siblings have bad luck, are victims of financial predators or our legal system (divorce, criminal “justice” matters, etc.), or they may just be lazy. While the stars perfectly aligned for the former children, the latter child gets stuck in a perpetual rut, parents or other family members start financing his lifestyle, and sibling bitterness boils. Down-on-their-luck children drain family assets, become increasingly disinterested in working, and cause fraternal discontent and animosity. Parental assets that could one day pass

Legal Documents You Should Share With Your Family

Posted on September 20, 2017

When you pass away certain information dies with you, such as where you keep your legal documents and what the contents of those documents are. Keep in mind written documents matter: The basis of our lives is run by contracts. But if those contracts cannot be found your wishes and desires could be confounded. Here are some suggestions regarding sharing and not sharing certain legal documents: Prenuptial and Postnuptial Agreements should always, always, ALWAYS be shared with multiple family members. These are not recorded anywhere, so if you and your soon-to-be-ex-spouse mysteriously lose your copies you need to contact your former attorneys. And remember: Attorneys in New York only have an obligation to hold onto legal work product for

What and When Should I Tell My Kids?

Posted on September 5, 2017

Parents who have gone through the estate planning process typically ask what information they should share with their children and when. The answer requires balancing many factors, but can be boiled down to a simple concept: Take responsibility and own up to your decisions, and don’t leave it to your kids to fight about it. First, if a child has been left out of a Will or is receiving less money than other siblings you may want to tell them so, and why. Clearly this is not a universal approach, but taking responsibility and informing them up-front allows the child to reconcile this fact. This will also help minimize your other children having to deal with the dispossessed child’s bitterness

Second Wives: Reapers of Sorrow, Destroyers of Family Wealth!

Posted on June 14, 2017

In a world where our assets are constantly under threat from usurious taxes, government largess, financial predators and rapacious offspring, there is still NO worse threat to intergenerational family wealth than a second wife. People get married the first time for any one of a number of reasons: Family pressure, filling a void, the urge to have children, an inexplicable desire to emulate the lives of Al and Peg Bundy and passion. But these first marriages often end, sometimes with children left in their wake, and are replaced by a second marriage based on love, devotion and emotional security. In these second (or third) marriages, often one spouse tends to be significantly older and more financially secure than

“Don’t Forget About BoBo: Pet Trust for Your Animal Companion”

Posted on May 16, 2017

One of my dearest aging clients have a dog named Bo Bo. Bo Bo is a true companion to this couple: They are in their 90s and have outlived many of their friends, the husband is more mobile than his wife and likes to get physical activity by walking Bo Bo, and the dog is absolutely in love with them. Bo Bo also smells bad, barks at the littlest disturbance, is a manic that constantly jumps on visitors, (and gets slobber and fur on my suit, which needs to be dry cleaned after every single visit) and is begrudgingly tolerated (at best) by anyone other than my clients. Unfortunately, when my clients pass to the eternal human boneyard, Bo Bo’s

5 Times You DON’T Pay a Deceased Person’s Credit Card Bill

Posted on May 8, 2017

The weeks immediately following a family member’s death is tense, emotional and stressful; many people rush to handle the departed person’s affairs. This includes paying the deceased person’s debts, since every credit card company comes out of the woodwork the moment the card is cancelled by the survivors. However, many family members pay these bills even though they had no responsibility to do so. Here are 5 instances when you should NOT pay a deceased person’s debts: Retirement Plans: Remember that your retirement plans are protected from most creditors, including credit cards. If the decedent died with only retirement plan assets remaining in his name, tell this to the credit card company and don’t pay them anything.

5 Reasons to Avoid Giving Small Gifts in Your Will

Posted on April 18, 2017

If you have immediate family members whom you love, it is assumed you will leave most of your estate to them. In this case, leaving a few hundred dollars to a distant niece or friend is rightly viewed as an unnecessary sign of respect and kindness. But beware: The amount of time, legal fees and other costs associated with giving a $1,000 bequest in your Will can cost as much as leaving a $50,000 to that beneficiary. In fact, leaving small gifts to people using your Will is a sure way to increase your legal fees in New York, oftentimes incurring more expenses to send the gift than the amount of the gift itself: Cost of Mailing Notice (Required):

The Top 5 Things to Do When a Family Member is Terminally Ill

Posted on April 14, 2017

Watching a person’s last days of life is often a horrible, gut-wrenching process. The dying individual may or may not be able to communicate, and the trauma of seeing a loved one approaching their end makes it difficult for spectators to make decisive decisions. But no matter what the case, if you want to do what is best for your family, you must utilize the precious remaining days of your loved one’s life to take action on certain items, as these matters get much more difficult and stressful upon his or her passing. Figure Out Funeral Arrangements: May people have funeral plots or pre-paid burial arrangements, but these details are often not formally shared with family and friends beforehand. If the

Naming Beneficiaries: When to Start (and Stop) Asking “What If?”

Posted on February 17, 2017

My mentor was a meticulous, forward-thinking attorney. When she retired from private practice I succeeded her and took over her client files. As a result, I had the pleasure of reading many of the wills she had drafted (not a recommended activity for narcoleptics who don’t want to fall asleep). She was absolutely scrupulous when it came to naming contingent beneficiaries to an estate. For some of her clients, and indeed for me too at times, it seemed like a maddening process. Here is a common scenario: I imagine going to an attorney to draft my Will, create beneficiary designation forms, and consider creating a trust. Now comes the moment of truth: When I pass away, who gets what?

Disinheriting Someone? Don’t Use a “Pour-Over” Will

Posted on January 13, 2017

You have a right to leave money to who you want to and, when you have a will, can leave it to those you want: It is not uncommon to disinherit a family member who would otherwise receive an inheritance if no Will existed. However, your nearest family members (some of whom you may have disinherited) are required to receive a copy of the Will when you die. Clearly you do not want these disinherited people giving your choice of beneficiaries a hard time. Many people rightly resort to disinheriting an heir by bequeathing money using a Trust which has no requirement of placing such family members on legal notice. However, there is one regularly-used shortcut that can defeat your