Inheriting physical real estate, such as a home or vacation cabin, can be tricky to navigate. You have to consider your desire for the property, potential expenses involved in ownership, and the process of transitioning ownership of the property to your name. These situations become more complicated when you add…
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Physician Assisted Suicide and The Election
Physician Assisted Suicide and The Election Physician assisted suicide has continued to be a widely controversial, but popular topic across the country over the past decade. With the presidential election coming to a close very soon, the future of physician assisted suicide, or dying with dignity, may become a more…
Back to Basics: Estate Planning Vocabulary
Estate planning can be a tricky matter. If it wasn’t difficult enough to make decisions regarding the end of your life and your estate beyond your lifetime, you are also expected to learn and understand a slew of new words and phrases. What are the main phrases you must know to…
What is a Discretionary Trust and When Should I Use it?
What Is It? A Discretionary Trust is another type of trust that is commonly used by a grantor seeking to distribute assets to a class of people or their family. Unlike a mandatory trust which requires distributions of income and principal be made according to a set schedule that is…
Ademption: A Stumbling Block To Your Estate Plan
Your estate plan exists to make sure that your wishes are known and fulfilled. In particular, you have a will to make sure that your family is provided for and that your assets go to the people you want to care for and believe are deserving. However, failure to keep…
What is a Delaware Directed Trust?
A directed trust is a type of investment trust that appoints a particular trustee, usually a bank or firm, to administer specific aspects of the trust. Trustees who are responsible for directed trusts generally have a number of other professionals who assist in their administration of the trust by providing…
Back To Basics: Preventing Will Contests
Every family has at least one horror story of a death in a family turning into a protracted legal tragedy well documented publicly by a probate court. An angry heir dissatisfied with their share of inheritance or a disinherited family member desperately trying to claim a stake of the predeceased’s…
The Right to Die: New York’s Medical Aid in Dying Act
Nationwide The Death with Dignity Act gained national attention when it Brittany Maynard, a 29 year old woman suffering from an incurable brain tumor, chose to end her life with the help of a lethal dose of medication. Since then, a national debate has resurfaced about terminally ill patient’s ability…
What To Do When There are Multiple Wills Written: Which Takes Precedence?
Over the course of your life, you go through many stages. For some people that includes moving to and from different states, entering or dissolving a marriage, having children, losing loved ones, and having significant changes in income. As these events shape your life, your outlook and perspective on how…
ARBITRATION CLAUSES IN WILL OR TRUST
NEW YORK RULE ON ARBITRATION FOR PROBATE DISPUTES The idea of using quasijudicial means to settle disputes is as old as the country itself. More specifically arbitration is a method that parties utilize that is usually cheaper, quicker and often with much less formality, yet still adheres to principles of…