Creating a trust can be an important part of an estate plan, but signing the trust agreement does not necessarily accomplish everything the client expects. We often explain that a trust is only as effective as the planning that connects assets to it. A perfectly drafted revocable trust may contain detailed instructions for managing property […]
A revocable living trust and a pour-over will are meant to work together, so clients in Suffolk County often wonder if changing one means they need to change the other. In most New York estate plans, the answer is no. If your pour-over will is properly drafted, it can still direct probate assets into your […]
Many clients have heard the term “pour-over will” but are not sure if it is just another name for a regular will. It is not. A pour-over will is still a will, but it has a more specific role in an estate plan that includes a living trust. Instead of giving all probate assets directly […]
Someone might write out their wishes by hand, sign the paper, and think they have made a valid will. But in New York, handwriting alone usually is not enough to make a will legally binding. The state has specific rules for making wills, and if these are not followed, the document may not control the […]
A will is a key part of any estate plan because it explains how someone wants their property divided after death and names who will handle the estate. But just having a document called “Last Will and Testament” does not mean a New York Surrogate’s Court will accept it. New York has strict rules about […]
In New York, it is possible to contest a will after someone passes away. However, simply disagreeing with the inheritance is not enough to overturn the will. To challenge a will, a person usually needs a legal interest in the estate and must have a valid reason recognized by the court. These cases often depend […]
If you die without a will, your property does not just disappear or automatically go to New York State. Instead, you lose the chance to decide who gets your probate assets, who manages your estate, and how your family’s needs are handled after your death. When someone passes away without a valid will, they are […]
Privacy matters in estate planning, but many people are surprised by how much information can become public after someone passes away. When a will goes through probate, it is no longer just a private family document. Once it enters a Surrogate’s Court case, much of the estate file may be open for public viewing unless […]
Many parents think they must split their estate equally among their children. While this works for some families, New York law does not require equal inheritances. We often help families where an unequal split makes sense, such as when one child received more help during the parent’s life, another worked in the family business, or […]