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October 2017 Archives

What is undue influence and how can it impact an estate?

People generally create a last will, trust or estate plan to protect their last wishes and provide for their loved ones and causes after death. Sometimes, however, the last will or estate plan ends up looking much different from what everyone in the family or the presumptive heirs expect. When that happens, there is a good chance the will will get contested and end up in New York probate court.

What is an ABLE account?

There are many things that could go wrong with your estate after your death in New York. You will not be here to deal with them, so you have to plan ahead and do what you can now to try to prevent anyone contesting your will or making changes that would negatively impact the family members you want to ensure are taken care of. One area where you may be concerned is if you have a disabled child. Ensuring he or she is cared for after you die is likely incredibly important, but a will contest could put that care in jeopardy.

Unexpected problems and your estate plan

 Smart estate planning involves a number of strategies and it is essential for you to carefully go over the ins and outs of your plan. Unfortunately, there are a variety of problems that can arise, such as a motor vehicle accident, which may necessitate making certain changes to your estate plan. After a crash, you may be struggling with physical pain, injuries, and other hardships. However, an accident can also upend your financial circumstances and may require that you modify your estate plan.

Talking to your kids about inheritance

Estate planning can be highly emotional and may also generate uncertainty. For example, you could be unsure of which type of estate plan to go with or you could be worried about how your children will react to the way in which you decide to distribute your assets among beneficiaries. If you are struggling with these types of challenges, it may be helpful to sit down and carefully assess the situation. Moreover, you might find that talking to your children about the situation is beneficial and provides a clearer understanding. However, they may not agree with your decisions, but it is important to remain firm and do what you believe is best.

Working through a kinship proceeding

The probate process can be challenging for many different reasons. However, kinship proceedings can be particularly difficult to deal with. Our firm knows that these hearings can be emotionally taxing and have a significant financial impact on those involved. As a result, it is crucial for you to pinpoint the smartest direction forward if you are preparing for a kinship hearing.