Sometimes when a loved one passes away, an individual who believes they inherited assets from the decedent will be told at a bank or financial institution that they need “Letters Testamentary” in order to collect those assets. The question most…
Although the time and effort involved will vary with the size of the estate and the family dynamic, being named the executor of a deceased individual’s estate is a thankless job that can be time-consuming and complicated. An executor is…
Oftentimes people are drawn to the ease of creating an online Will versus seeking the guidance of a qualified elder law attorney. But, before you go online, consider these five reasons why online Wills aren’t your best option. Proper Execution…
Today, many assets exist only in an electronic form. These digital assets can result in more complexity when settling a loved one's estate. The Role of An Executor or Administrator The ordinary role of an executor or administrator is to…
Losing a loved one is incredibly difficult. Emotions are high and the last thing you want to do is handle your loved one’s estate. Unfortunately, sometimes the probate can’t be avoided. So, what do you need to know about a…
The answer to the question “Are gifts made during my lifetime includible in my estate for estate tax purposes?” depends on several factors. Federal For purposes of the Federal Estate Tax, yes, any taxable gifts you make during your lifetime…
The short, but perhaps not so obvious answer to the question “Who has the right to determine what happens to my body when I die?” is, YOU – provided you planned ahead of time. We advise many of our clients…
The practical answer to the question “Do I need a death certificate to probate a will?” is yes. In a practical sense, the Surrogate’s Court generally requires a death certificate in order to probate a Will, as it needs the…
If the nominated Executor in your Last Will and Testament dies, then you should meet with an experienced estate planning attorney to review and possibly update your will to account for the loss. If you do not update your Will,…
Determining who you should select to serve as the Executor of your estate can often be a difficult decision. It is important to understand the duties and responsibilities of an Executor before you make your final decision. Here are some…