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

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?

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

No One Likes Your Uncle Marvin: Isolated Aging Men

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

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

Testamentary Trusts: The Good and the Bad

A testamentary trust is not applicable until (1) you pass away, (2) your will is successfully admitted to probate, and (3) the trustee establishes a trust account with funds delivered by the will’s executor. But what kind of property should you have distributed via these trusts? The advice of many estate planning attorneys is to transfer as little as possible by will: Probate requires: a good deal of paperwork notice to a potentially large number of familial and beneficial parties, a court clerk approval of submission of the will, the court’s over-all approval, etc. Probate also has a sliding scale for court filing fees, is a public affair, and takes a good deal of time to administer. Meanwhile, transferring property

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.