Category: Wills

Hey Expats: Come Home to Get Your Family’s Money

Posted on

Hey Expats: Come Home to Get Your Family’s Money     Despite the flaccid threats of political naysayers who threaten to leave the country after every presidential election (only to realize the United States is a markedly better place to live than countries with poutine, meme bans and gulags), some Americans actually do leave the U.S. on a near permanent basis. These novice ambassadors of American culture do typically maintain their U.S. citizenship for several reasons, some of which have to do with maintaining some financial benefit.   But being an expat – or having an expatriated citizen be a beneficiary or fiduciary of your Estate – can lead to a lot of Estate Planning challenges, and post-mortem difficulties that

Read More

New York’s Proposed “Right to Die” Law is Lame

Posted on

New York’s Proposed “Right to Die” Law is Lame We don’t have a choice to be born into this world, and until recently people were not even given the legal right to leave it on our terms. People helplessly watched their mentally competent loved ones physically suffer during their last few months of life with no right to end their pain. And while society’s opinions regarding more liberal end-of-live options changed long ago, countries and states have only recently passed laws regarding a human’s right to face their death on their terms.   After a moral grudge match between two diametrically opposed philosophies, in 2025 New York’s assembly finally pushed through a right  to die bill, which languished for months,

Read More

No Country for Old Men: Don’t Name an Elderly Executor or Trustee

Posted on

No Country for Old Men: Don’t Name an Elderly Executor or Trustee   While I don’t have a lot of new material to share during my first consultation with prospects, a popular one-liner I use is “You’re not old until you are 92.” And while Christie Brinkly will be hotter than your college girlfriend and Chuck Norris will still be kick blasting 2x4s when they are nonagenarians, EVERYONE ELSE in their 90s is OLD. And being elderly and an Executor or Trustee can be a bad combination for both fiduciary and beneficiary alike.   In a world where we speak in real time with people 10,000 miles away, transfer millions of dollars with a tap on our cellphone, and travel

Read More

ANOTHER Reason Wills are Cruddy: Testamentary Trusts

Posted on

ANOTHER Reason Wills are Cruddy: Testamentary Trusts   Yep, I’m here to bash on New York Probate and Wills again, so if you love large legal fees, Court intervention and long waits for unnecessarily complex services, you may want to start watching your favorite rerun of Better Call Saul now.   What would you say if I told you that after going through the many annoyances of Probate you may still be stuck working with the Court for another 20+ years? I’m guessing the words would be colorful, like the post credits scene of that night in college you tried Jello shots. Yes, when you use a Will to protect assets you transfer to other friends and family members, your

Read More

 TREAT YOURSELF: Order Extra Death Certificates

Posted on

 TREAT YOURSELF: Order Extra Death Certificates   Sometimes the only good thing to come from a person’s death is the money they leave to others. So why do so many families get gun shy spending a few extra dollars for what is arguably the most important document of that person’s post-mortem affairs? It’s totally normal, and always to your benefit, to order many more Death Certificates of your departed loved one than you think you will need, preferably sooner rather than later.     Death Certificates Transfer Everything   Aside from joint accounts, you cannot transfer any property from a deceased person’s assets without a valid (and usually original) Death Certificate. Times you will likely need a Death Certificate to

Read More

Pregnant and Brain Dead: How to Make Your Living Will Effective

Posted on

Pregnant and Brain Dead: How to Make Your Living Will Effective     The heart wrenching story of Adriana Smith exhibits both the legal limitations placed on Living Wills, and the impossibility of planning for every potential end of life decision we may have to face. Adriana, aged 30, went from having headaches one day to experiencing deadly blood clots in her brain the next morning, leaving her brain dead. To add to this tragedy, Adriana was well into her first trimester of pregnancy and under Georgia state law could no longer have her life support terminated due to the state’s abortion laws (and no, this article is not going to discuss abortion law, no no no). And while Adriana’s

Read More

When Bill Met Jordan: Does Dad Really Need Protection From Himself?

Posted on

When Bill Met Jordan: Does Dad Really Need Protection From Himself?   It sounds like the most exhausting romcom script a Hollywood agent has to read since the script where Adam Sandler tried to date Jennifer Aniston for a seventh movie: Aging, successful NFL coach is on a flight, sits next to college cheerleader, orders her a Cherry Mojito, and every category of “journalist” gets a seat at the dinner table. Cheerleader (starring Jordan Hudson) starts dressing scantily and acting like a boss, Coach (played by Bill I’m-Still-Pinching-Myself Belichick) is allowed to visit her dorm room and stream Netflix and stuff. Tabloids and families shriek “Dad is falling under the spell of Young Girl,” Young Girl exerts more influence, buys

Read More

Chadwick Boseman: Why (I Think) He Didn’t Have a Will

Posted on

We view one measure of the tragedy experienced by another person’s death based on the age they died. So the passing of Chadwick Boseman at age 43 was in some ways more saddening than the recent passing of Sean Connery who was 90 (especially if you also consider Connery’s painfully-candid interview with Barbara Walters which, if you haven’t seen it, may also make you a little less saddened by his passing). Of course, we can also view that level of tragedy by that person’s estate planning, or lack thereof, and the media certainly jumped on the fact Boseman died without a Last Will and Testament. But based on a string of unfortunate circumstances and facts not reported by the media,

Read More

Hey, Mom & Dad: No One Wants Your Stuff

Posted on

No one wants your stuff after you die. Your restored love seat from 1894, your 3rd generation silverware and fine china dining set, your mud-stained Jimi Hendrix t-shirt from the Monterey Pop Festival, these cherished items that gave you cherished memories and a sense of purpose on this planet are little more than garbage and a hinderance in the eye of other people. So why is it some people go to such great lengths to leave certain items of personal property to specific individuals? Case in point: I met with a couple who squabbled amongst one-another how to split up the family artwork. These people were not art collectors, they were average Joes and Janes who on a whim bought stuff

Read More

Wills: What Do Executors Get Paid in New York?

Posted on

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

Read More

When Should I NOT Act as Mom’s Executor?

Posted on

When your mom passes away with a valid Will and property being transferred by that Will, the Will is submitted to the Court who appoints an estate representative to wrap up her final affairs. This person or company – almost always named in the Will – is known as the Executor, and has the ability to do everything that your mom could do during her life: Collect her assets, pay creditors, review all of mom’s financial records and statements, file income tax returns, order her medical records, distribute her property as mom’s Will states, and even clean out mom’s closet (which she likely neglected to do before she died since, you know, she’s now dead). We say an Executor “steps

Read More

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

Posted on

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

Read More

Your Wills & Trusts Should Require Your Children to Have Prenups

Posted on

After you die there are way too many evil forces that can take a swipe at gifts to your children. Credit card companies may receive unpaid debts from your transfers to your children; the street level dope dealer may have his next good run with your child as his primary client; even the government may take much of the funds if your child becomes disabled. But for some reason, nothing annoys a parent more than knowing their soon-to-be-ex-son-in-law Chad is going to get a hold of your bequest to your daughter Becky (and now your son Bryce too, if that’s how he rolls, since greed has no sexual preference). All Wills and Trusts should have substance abuse provisions, spendthrift provisions

Read More

Codicils and Trust Amendments May Burn Your Estate

Posted on

Hiring an attorney has been obnoxiously expensive since the first time a guy’s donkey backing into another guy’s mud version of today’s tiny houses: You tend to want a person or document that best insures you are going to get things done your way, but good results cost a lot of money. So, it is not surprising that people prefer to change their Wills using Codicils and Trust Amendments instead of redrafting the entire original document. I have concluded this is often a mistake and now believe clients should spring for the costs of redrafting their entire document. Codicils are quick changes to existing Wills, and only modify the portions they are intended to change (and maintain the remaining contents

Read More

The ONLY 5 Times You Should Leave Your Will with Your Lawyer

Posted on

Ah, lawyers. That smarmy, cash-grabbing group of wordy professionals who somehow legitimately charge you in 15-minute intervals for one text message. And if you thought their tricks ended when you are dead, you would be wrong: Attorneys even know how to ensure they wring out one last retainer after you expire. When a person has their Will done with an attorney it becomes an excuse for the lawyer to say, “After all your thought and money, don’t you think it makes sense for me to hold onto your Will in case your family can find it when you die?” What the attorney was NOT telling you is that when you do expire they get the first chance at charging your

Read More

4 Reasons Your Online Will is Turdy

Posted on

In the world of legal documents, sometimes having nothing is better than having something. If you pass away without a Will you would hardly be the first person – thousands of people die in the United States every day without having a Will – so there are default statutes that dictate how your estate shall be distributed. True, often times these default laws do not entirely fulfill your post-mortem desires, but they may be better than drafting a faulty document from an online web site, executing it incorrectly, or drafting in ambiguities that now require extra court interpretation (and attorney costs) when you do pass away. My advice: Work with an attorney to draft your Will, even if it’s a

Read More

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

Posted on

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

Read More

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

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

Read More

Should I Share My Will with My Financial Advisor?

Posted on

And the answer is: No. Usually. See you next week.   Okay, okay, I’ll elaborate.   Your Last Will and Testament is a confidential document while you are alive. When you pass away your Will may be Probated in a court – at which time it’s contents are publicly available – so that your estate’s assets are properly distributed to your choice of beneficiaries.   So only you and your lawyer have access to the contents of your Will. Disinherit your son? He can’t find out while you are alive. Have more assets than your family knows about? They shall continue to live in ignorance. Don’t trust third parties with access to your confidential information? No problem, nothing to see

Read More

Don’t Leave Money to Charity Using Your Will

Posted on

Charities receive some of their largest gifts upon the passing of a benefactor. While this is a kind gesture on your part, if you live in New York you should leave money to your preferred charity using any method other than your Will.   Probate is Annoying: Probating a Will requires New York’s involvement, meaning Probate can be an expensive, tedious and slow process. You will need to both place the charity on notice that they are a beneficiary under the Will, send them their funds, and procure a Release from the charity. All of this takes time, meaning an attorney is billing for all of this.   Attorney General’s Involvement: As if New York’s courts weren’t inefficient enough for

Read More

No One Likes Your Uncle Marvin: Isolated Aging Men

Posted on

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

Read More

Legal Documents You Should Share With Your Family

Posted on

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

Read More

What and When Should I Tell My Kids?

Posted on

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

Read More

Your Prenup: How Your Family Law Attorney Betrayed You

Posted on

If you have a prenuptial agreement, chances are that the family law attorney who represented you betrayed you and didn’t even realize it.   I often tell clients to get a prenup if they are getting married later in life, and insist my older clients pay for their child’s prenup. And soon thereafter, much to my dismay, I see yet another prenup that unintentionally-yet-completely screws my client if his or her spouse dies unexpectedly.   Prenups serve one vital purpose: “Split Money.” There is usually a financial disparity between the parties when the couple marries, so the wealthier spouse naturally wants to protect his or her money from the other spouse’s financial grasp after a short marriage. So the prenup

Read More

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

Posted on

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

Read More

The Roadmap to Your Family Should be in Your Will

Posted on

The cornerstone of Probate, leaving your estate to whomever you want, is almost paradoxical since the process is not as easy as most people think. To the great surprise of heirs that are listed in the Will, the decedent’s descendants (or next closest relatives) must be put on notice during the Probate process to validate the Will. The very concept of the requirement of placing the next of kin on notice is foreign to most clients: Why does a person’s nearest relative, who the Testator may have loathed, still have to be placed on notice of the Probate of the Will, even if that relative is being disinherited? The answer: Our estate laws allow your closest family members the right

Read More

“Name That Witness” (to Your Will)

Posted on

When you execute your Will you MUST have it witnessed by at least two competent adults who are not beneficiaries in the Will. When you die New York’s Surrogate’s Courts require the names of the witnesses to be listed in the Probate Petition. And so it is nothing short of stupefying to me how many Wills have witness signatures that are completely illegible. This is somewhat understandable if you execute your own Will, since non-attorneys are not in the business of drafting Wills.  The signers of illegible signatures are also more easily identified in the event it was the Testator’s friends or neighbors who signed (and thus the identities of the witnesses are more easily deduced). But many attorneys’ witnesses

Read More

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

Posted on

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

Read More

DISCLAIMER: Attorney Advertising. Please note that prior results do not guarantee a similar outcome. This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.