When a loved one dies, dealing with the estate can be stressful and complex. The Surrogate’s Court in New York oversees the distribution of assets, regardless of whether there is a will. The legal process can be overwhelming if you are responsible for managing the estate. Knowing how it works can help you manage the proceedings. Petition The procedure starts by filing a petition. This formal document details the specific matter, whether it entails probating a will, appointing a guardian or handling estate matters. Upon filing, the court notifies all interested parties, ensuring they have ..read more

Estate planning is an important aspect of dealing with assets after a person dies. One significant advantage of it is its ability to help individuals sidestep probate. By crafting an estate plan, people can safeguard their assets and spare their heirs the headache associated with probate. Otherwise, the probate process can take months or even years to complete and may lead to significant expenses. Living trust A living trust is a big component of many estate plans and offers a powerful tool for avoiding probate. By transferring assets into a trust during their lifetime, individuals can ensure ..read more

When it comes to estate planning, the executor plays a pivotal role in ensuring a smooth distribution of assets and honoring the wishes of the departed. However, not all executors are equal, and there are telltale signs that one may not be executing the estate plan effectively. 1. Procrastination in asset distribution A clear sign that an executor may be faltering in their responsibilities is delaying the distribution of assets. Timeliness is important in carrying out the deceased’s wishes. If beneficiaries wait for an extended period without any valid explanation, it could indicate a lack of ..read more

Ensuring the integrity of your last will and testament is important to safeguard your final wishes. You can help prevent potential contests or disputes over your will through a variety of proactive measures. 1. Clear and concise language Employing precise and unequivocal language within your will is fundamental. Ambiguities and vague terms may invite disputes. Define beneficiaries and assets explicitly, leaving no room for interpretation. This eliminates potential loopholes to exploit in contested cases. 2. Witnesses and signatures Ensure that you have the requisite number of witnesses, and th ..read more

Medicaid offers essential assistance to individuals in need of home care services. It who helps those require help with daily activities due to medical conditions, disabilities or aging. In New York, this program helps eligible individuals receive the care they need in the comfort of their own homes. It promotes their well-being and independence. Eligibility for Medicaid home care services There are more than seven million people in New York on Medicaid. To qualify for Medicaid-covered home care services, applicants must meet certain eligibility criteria.  These criteria primarily conside ..read more

When an individual chooses an executor, there is an expectation that the person will ethically oversee the distribution of assets to those mentioned in the will. Though it is common for family members may disapprove of the actions taken, it is possible for an executor to overstep their bounds and abuse their position. The duties of an executor The primary role of an executor is the distribution of assets after an individual dies. The executor identifies and gathers any estate assets, often in various forms. The executor must pay any taxes or debts of the estate until the final settlement. Thes ..read more

According to the New York State Department of Health, there are over 600 nursing homes in the state. With so many to choose from, it can be hard to know what to look for. Remember, you are seeking a home that will provide not only professional medical care but also a supportive, engaging environment for your loved one to thrive. A nursing home should feel comfortable, safe and, ideally, a little like home. However, choosing a nursing home for your loved one is an important decision that requires careful thought and consideration of many factors. Quality of care Above all, a nursing home s ..read more

The process of estate planning is to ensure the carrying out of your wishes after your death. With proper planning, you can help your family avoid the sometimes lengthy and costly probate process. Bank account designations New York law allows you to designate a payable-on-death beneficiary on bank accounts, including savings and certificates of deposit. You remain in control of the accounts while you are alive, and upon your death, the beneficiary will claim direct access without going through probate. Registrations for securities If you own securities, such as stocks and bonds, you can regist ..read more

When a loved one passes away with a will in place, that will must go through the probate process to verify that the document is valid. Probate also entails administrating the process of distributing the deceased’s estate as overseen by an individual appointed in the will itself. The person responsible for overseeing the deceased’s affairs after death is the executor. This is a significant responsibility that requires great effort and commitment, so you might wonder if you can refuse this role and if the person writing a will can name you as their executor without your consent. Can you refuse t ..read more

Probate is the legal process in which the courts approve the validity of the decedent’s will, and there is distribution of the assets belonging to the estate. The New York State Unified Court System states that once a judge validates the will, the bulk of the responsibilities falls to the executor named in the will. This role requires various duties, and the process can take months or years, depending on the size and complexity of the estate. The probate filing To begin the process, an individual, oftentimes the executor, must file a probate petition, the decedent’s death certificate and the o ..read more