October 2018 Archives

What is undue influence?

One of the common reasons why people contest a will in New York is for undue influence. According to the American Bar Association, undue influence is psychological abuse and why there is no one standard definition, it is typically considered any acts of manipulation that forces a person to take or not take a certain action.

Should an estate executor proceed quickly?

After the death of a New York resident, it is incumbent upon the executor of the estate to oversee the assets of the deceased until the estate goes through probate and the assets are ready to be distributed to the heirs. Some executors may want to pass along the assets as quickly as possible. However, there are important reasons not to rush matters when it comes to overseeing an estate.

Proper estate planning helps avoid family disputes

From time to time, a celebrity with a vast estate passes away without a will or proper plan to distribute their assets. This thrusts their family into a potential minefield. Without making their wishes known in a will, they leave it up to the state to seize their assets and distribute them to survivors according to probate guidelines.

Guardianship: What you need to know

Whether you are responsible for someone who is developmentally disabled, incapacitated or mentally unstable, or a child who has lost his or her parents, you may file for guardianship of that person. When you file for guardianship, you are asking the court to give you permission to make critical legal, medical, financial and personal decisions on behalf of someone who is unable to make those decisions for themselves. You must be approved by the court to be named a guardian of another person. You must also be a citizen of the United States, over 18 years of age and have a clean criminal record. Ultimately, it is up to the judge’s discretion as to whether you would be a good guardian for the person in question.

A quick look at the probate process

Losing a friend or loved one can be emotional. It is during this hard time that people are forced to make crucial decisions regarding a person’s estate. In some cases, the estate will need to go through the probate process, which helps to settle matters, such as ensuring the will is valid and that the estate assets and property gets to the beneficiaries named in the will. If an estate administrator or executor of the will is named within the document, that person is responsible for seeing the will through the probate process.

What should I consider when choosing an executor?

As you are planning your estate in New York, one big decision you will have to make is who will be your executor. This is a very important choice that can have a far-reaching impact. The executor will ensure that your wishes are carried out after you are no longer around to see to them. Choosing the right executor can make things go more smoothly for your heirs.

Joseph A. Ledwidge, P.C.
17026 Cedarcroft Road
Jamaica, New York 11432

Phone: 347-395-4799
Fax: 718-701-3726
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Joseph A. Ledwidge, P.C.