Preserve Your Legacy

Estate Planning | Elder Law | Special Needs Planning

Blog Posts in February, 2012

  • WHY MOVING MAY REQUIRE YOU TO MAKE A NEW LIVING WILL

    State Requirements: Each state has its own set of rules about how a living will must be written. They also have different rules about how they are used and who can create them. While some living wills made in one state will be enforceable in another, this isn’t always true. It’s important that if you move, you talk to a lawyer in your area and create a new living will that complies with the laws ...
    Continue Reading
  • ESTATE PLANNING TERMS: FATAL ERRORS IN EXECUTION

    Few phrases that include the word “fatal” ever promise a positive outcome, and “fatal errors in execution” is no different. When you’re developing an estate plan, a fatal error in execution can throw significant problems in your estate’s way when it comes time to distributing estate property. Let’s take a look at the term in more detail. Execution: The execution of a Will is the formal signing of ...
    Continue Reading
  • HOW CAN AN ESTATE MAINTAIN A WRONGFUL DEATH LAWSUIT ON A DECEDENT'S BEHALF? PART 3 OF 3

    As discussed in the last two blogs, the New York Estates, Powers and Trusts Law sets forth the statutory procedures for personal representatives and executors when suing other parties for wrongfully causing a decedent’s death. If your estate’s personal representative files a wrongful death lawsuit on your behalf, the EPTL sets forth specific defenses that a defendant charged with wrongfully ...
    Continue Reading
  • HOW CAN AN ESTATE MAINTAIN A WRONGFUL DEATH LAWSUIT ON A DECEDENT'S BEHALF? PART 2 OF 3

    As discussed in the previous blog entry, the New York Estates, Powers and Trust Law (EPTL) establishes the statutory procedures that personal representatives, administrators and executors must follow when filing wrongful death lawsuits. The EPTL provides mandatory statutes of limitations or time limits in which a personal representative can sue someone on a decedent’s behalf for wrongfully causing ...
    Continue Reading
  • HOW CAN AN ESTATE MAINTAIN A WRONGFUL DEATH LAWSUIT ON A DECEDENT'S BEHALF? PART 2 OF 3

    As discussed in the previous blog entry, the New York Estates, Powers and Trust Law (EPTL) establishes the statutory procedures that personal representatives, administrators and executors must follow when filing wrongful death lawsuits. The EPTL provides mandatory statutes of limitations or time limits in which a personal representative can sue someone on a decedent’s behalf for wrongfully causing ...
    Continue Reading
  • HOW CAN AN ESTATE MAINTAIN A WRONGFUL DEATH LAWSUIT ON A DECEDENT'S BEHALF? PART 1 OF 3

    Unfortunately, quite often a decedent’s death does not occur because of natural causes. Natural causes include dying of old age, dying from a terminal illness or life-ending illness or from a preexisting medical condition. If you die from a wrongful act, a family member, spouse or your personal representative has the right to sue someone on your behalf. This blog series covers your personal ...
    Continue Reading
  • HOW CAN AN ESTATE MAINTAIN A WRONGFUL DEATH LAWSUIT ON A DECEDENT'S BEHALF? PART 1 OF 3

    Unfortunately, quite often a decedent’s death does not occur because of natural causes. Natural causes include dying of old age, dying from a terminal illness or life-ending illness or from a preexisting medical condition. If you die from a wrongful act, a family member, spouse or your personal representative has the right to sue someone on your behalf. This blog series covers your personal ...
    Continue Reading
  • NEW YORK LAW AND EXECUTORS' RIGHTS AND DUTIES: PART 3 OF 3

    Continuing the discussion from the first two blogs in this three-part blog series covering the important duties that executors have in New York, this last blog covers the executor’s final duties. Under New York law, an executor can become personally liable for repaying creditors if they distribute a decedent’s assets before properly accounting for all of the decedent’s creditors. As an executor, ...
    Continue Reading
  • NEW YORK LAW AND EXECUTORS' RIGHTS AND DUTIES: PART 2 OF 3

    Continuing the discussion from the first blog of this three-part series, executors should understand their legal duties. An executor has very significant legal obligations. Under New York law, executors must inventory a decedent’s assets, pay debts and funeral costs, and pay taxes and administration costs. An executor may be liable for several years until they wind up the entire estate and receive ...
    Continue Reading
  • NEW YORK LAW AND EXECUTORS' RIGHTS AND DUTIES: PART 1 OF 3

    An executor is the person or company responsible for administering a decedent’s Will . Sometimes referred to as a personal representative, the decedent has the discretion in appointing a trustworthy person or company to administer his or her last Will and Testament. If you die without a Will, a court will appoint one on your behalf. Your executor is entitled to receive a reasonable compensation ...
    Continue Reading
Page 1 of 1