December 2017 Archives

4 ways your last will and testament could be invalid

Drafting a last will and testament is not as simple as scribbling down a few notes on your deathbed and giving it to a trusted friend. In some cases, a handwritten "holographic will" like this could withstand a challenge in court, but an informal will is risky and ill-advised.

Does a will always have to go to probate?

When you think about probate, you probably automatically think about a will. You may have been led to believe that all wills have to go through probate after a person dies. This is not always true. It really is dependent on each situation. Your will may never have to go through probate in New York courts, which could make things much easier on your loved ones since probate can be long and tedious.

Will contests and improper execution

Wills are disputed for different reasons that have been covered on this blog, such as undue influence. With that in mind, you should recognize that many other issues can lead to a will dispute, such as allegations that the will was not executed properly. From executors to beneficiaries and those creating a will, it is essential to have a firm grasp of rights and any responsibilities. Our New York law office can fully understand the stressors that people come across while handling these matters, but failing to approach the situation with care can be disastrous.

Probate disputes and the holidays

Probate disputes can take shape for all sorts of reasons. In some instances, a dispute may arise because of misunderstandings about a loved one's estate plan. Beneficiaries may believe that the executor did not carry out fiduciary duties properly or an executor might believe they have been wrongfully accused of breaching their duties. Regardless, these disputes can be quite difficult for families to manage and this is often especially true during the holidays. If you plan on attending a holiday celebration in the near future, or are worried about the impact this dispute may have on your family, it is smart to do what you can to minimize tensions.

Why you need long-term care instructions in your estate plans

You may think that the sole purpose of estate plans is for you to instruct your loved ones in New York about how you want your estate to be divided upon your passing. But did you know you can also use them to outline your long-term care plans? The longer you live, the greater the possibility that you will require long-term care. It is estimated that at least “78 percent of seniors who are 65 years old and above will need long-term care services at some point in their lives,” states Life Happens. 

Joseph A. Ledwidge, P.C.
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Joseph A. Ledwidge, P.C.