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Elder Planning Isn't Just For The Elderly

Posts tagged "Wills & Trusts"

Don't trust yourself to write a will

People who write their own wills may save some money, but their estate and relatives may ultimately pay much greater costs for this false economy. Improperly drafted and self-prepared estate documents may not comply with New York's laws governing wills & trusts and could jeopardize a person's intentions over the inheritance of their estate's assets.

What is the purpose of a special needs trust?

Trusts are effective estate planning tools because they help New York residents protect the value of their end of life assets all while legally transferring property and wealth to the beneficiaries of their choosing. Trusts can be used for many purposes, such as supporting charities and avoiding burdensome taxes. They can also be used to assist in the financial support of individuals who rely on government benefits to get by.

How old must a New York resident be to draft a will?

Children can be incredibly precocious and capable of understanding complex themes and ideas. However, most children develop on a relatively regular schedule wherein their ability to manage their own needs and affairs is not possible until they are nearing adulthood. Since children cannot be trusted to take care of their own interests, they are generally not afforded the same rights as adults.

What is an irrevocable trust?

A trust is a long-term planning device that may be incorporated into the estate plan of a New York resident. Many individuals choose to set up revocable trusts, which as the name implies, can be terminated, changed and modified. Irrevocable trusts, on the other hand, are unbreakable once created and cannot be changed.

What happens if a New Yorker dies without a will?

A will is an important document that directs the distribution of a decedent's end of life assets. It is through a will that a New York resident may stipulate how much money, if anything, they want to leave to their kids and grandchildren, whether they will bequeath property to relatives or charities and if they will recognize friends and other family members with distributions of wealth. When a person dies without having a will in place, their estate may be subject to the intestacy laws of the state.

Changes may be coming to how trusts are taxed

A legal case regarding a New York trust has made its way to the United States Supreme Court. The outcome of its legal dilemma may have far-reaching effects on how trusts across the nation are taxed, and because this is a significant legal topic, this post will discuss the case's facts, arguments and possible legal ramifications once it is decided.

Must a will be written to be valid?

The laws of the state of New York impose certain requirements on wills to make sure that they are authentic representations of the testamentary desires of individuals. Requirements such as witnesses and signatures are in place to help avoid later challenges to wills based on duress, incapacity and other grounds. Challenges to wills can cause wills to be tied up in probate and can take time to work through.

What is a transfer on death account?

When two individuals own an account jointly, they may both use the funds in the account for their own benefit. Their creditors may pursue the funds when the individuals accumulate debts, and the individuals may transfer their rights in the account to others. It is not uncommon for married New Yorkers to use these types of accounts with their spouses.

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