When it comes time to learn the terms of a loved one’s Last Will and Testament, there are typically no real surprises. Occasionally, however, the terms of the Will are not at all what was expected. In fact, the entire Will doesn’t sound like something the decedent would have written. If you recently lost your father, and find yourself shocked by the terms of his Will, you may have reason to believe that someone exerted “undue influence” over your father at the time that Will was executed. If … [Read more...] about What Must I Show to Prove Undue Influence If I Contest My Father’s Will?
Can I Do Anything to Prevent Someone from Contesting My Will?
For most people, a primary motivation for creating a Last Will and Testament is to ensure that their estate assets are distributed according to their wishes after they are gone. If that Will is invalidated, however, that State of New York ultimately decides what happens to your assets. Knowing that, it seems wise to do what you can to prevent challenges to your Will. Toward that end, a Harrison estate planning lawyer at the Law Offices of Kobrick & Moccia discusses tools and strategies to … [Read more...] about Can I Do Anything to Prevent Someone from Contesting My Will?
Mistakes to Avoid When Making Your Will
For most people, a Last Will and Testament is the first estate planning document they create, and may continue to serve as the foundation of that plan for many years to come, if not forever. If you are planning to execute a Will for the first time, it is in your best interest to work closely with an experienced estate planning attorney to ensure that you do not make costly mistakes during the creation of your Will. To further aid in avoiding mistakes, the Hauppauge estate planning lawyers at the … [Read more...] about Mistakes to Avoid When Making Your Will
How Do I Prove Lack of Testamentary Capacity in a Will Contest?
If you recently lost a family member or loved one and you are concerned about the Last Will and Testament that has been introduced for probate, one option is to initiate a Will contest. In the State of New York, you must allege (and eventually prove to be successful) legal grounds on which the Will could be declared invalid. One of the most frequently used grounds is “incapacitation,” more commonly referred to as “lack of testamentary capacity.” How do you prove that the Testator lacked the … [Read more...] about How Do I Prove Lack of Testamentary Capacity in a Will Contest?
Steps for Creating a Will
For most people, estate planning begins with the creation of a Last Will and Testament. That Will then serves as the foundation for their comprehensive estate plan. Creating a Will requires you to make a number of important decisions. Contrary to what many people believe, not all of those decisions relate directly to the disposition of your estate assets. For this reason, it is best to take some time to familiarize yourself with the contents of a basic Will before you sit down to get started on … [Read more...] about Steps for Creating a Will
Are There Different Types of Wills?
Most people are familiar with the basic concept and purpose of a Last Will and Testament. After all, Wills have been used for centuries to pass down property from one generation to the next. While you undoubtedly understand what a Will is, and why it is important to execute one, did you know there are different types of Wills? Choosing the right type of Will for your needs and goals is just as important as executing the Will. Types of Wills Like many people, you may have been under the … [Read more...] about Are There Different Types of Wills?
What Is a Pour Over Will?
Whether you have already created a Last Will and Testament or not, you undoubtedly know what one is. You may also know that a Will is not the only option for distributing your estate assets after you are gone. Using a trust to distribute your estate assets is another common option. In fact, there are a number of reasons why many people prefer to use a revocable trust as their primary method of distributing estate assets instead of using a Last Will and Testament. If you do choose to use a trust … [Read more...] about What Is a Pour Over Will?
Understanding Your Last Will and Testament
The most basic of all estate planning documents is a Last Will and Testament. For most people, that means a Will serves as the foundation for their larger, comprehensive estate plan. Although the basic concepts associated with a Last Will and Testament are relatively simple, there is plenty of room for errors when creating and executing a Will. To eliminate the possibility that you will make an error when you create and execute your Will it is best to have an experienced New York State estate … [Read more...] about Understanding Your Last Will and Testament
When Should I Start Creating a Will?
Even if you have yet to create one, you likely know how important it is to have a Last Will and Testament in place. At what point in your life, however, does it become important to have a Will in place and when should you start creating a Will? Despite what many people think, everyone over the age of 18 needs a Will in place. You do not need to wait until you have made your fortune, married the love of your life, or become a parent to begin creating a Will. If you have yet to get started on your … [Read more...] about When Should I Start Creating a Will?
What Happens to Your Will after Your Death?
If you have yet to create and execute a Last Will and Testament it is unlikely that the reason is because you have never heard how important it is to have one in place. On the contrary, you have probably been told by well-meaning friends and family members repeatedly how important it is to have a Will. Why is it so important to have a Will though? What happens to your Will after your death after all? Knowing the answer to that simple question may finally prompt you to sit down and create your … [Read more...] about What Happens to Your Will after Your Death?
