New York – December 28, 2020
New York probate and estate planning matters can be complex, even with the assistance of an experienced probate attorney whose services guide individuals through case-specific facets of the state and federal probate laws. Probate actions begin when an attorney files a copy of the will along with a certified copy of the death certificate of the will maker in the New York Surrogate Court.
Wills and trusts outline what happens to residential property, who will raise minor children, how assets and liabilities will be addressed, and how an individual will spend their last days, in the event of long term illnesses where an individual may not be able to speak for themselves, along with naming a person to carry out all of these prescribed wishes (executor). Probate is the process of proving that a will is valid. In New York probate actions, a will is proved to the satisfaction of the court that it is the Last Will and Testament of the person who died. Once the Judge in New York Surrogate’s Court is convinced of the validity of a Will, the executor named in the will is then appointed to distribute the estate, by carrying out the wishes of the person who died. The Surrogate’s Court oversees this process.
Choosing a trusted representative.
An individual (Principal) can choose another person (Agent) to act on their behalf for business and financial matters, when situations arise that they cannot, or do not want to act for themselves, with the use of an executed New York State Durable Power of Attorney. Once the document has been duly executed, both the Principal and the Agent have the power, concurrently, to transact all business that the Power of Attorney allows. Estate planning attorneys can outline 2021 changes to Power of Attorney documentation in New York.
Estate planning documents.
Attorney Ron Meyers can answer questions as to how New York Law affects estate planning and probate actions. After detailed client input, he can draft important estate planning documents in New York such as:
- a will, naming who a deceased person wishes to leave their assets to, and identifying a named executor,
- a durable power of attorney for finances, that names someone to take care of financial, personal, and business matters if it becomes necessary,
- a health care directive that spells out an individual’s end-of-life wishes, and
- a health care proxy, naming someone to make certain an individual’s health care wishes are honored.
The importance of consultation with legal professionals surrounding estate planning and probate action in New York is two-fold. If an individual lays all out their wishes in a clear and concise manner, probate matters should be less problematic when disputes arise. An estate planning attorney can be of assistance in this regard.
Ron L. Meyers & Associates, PLLC
Address: 475 Park Avenue South, Suite 2100
Manhattan, NY 10016