Preserve Your Legacy

Estate Planning | Elder Law | Special Needs Planning

Recent Posts in Wills Category

  • 5 Things You Should Include in Your Will

    While nobody ever wants to entertain the thought of their own death, it is an inevitability that must be planned for ahead of time. One of the most important ways for you to plan your final affairs is to draft a thorough and legally sound last will and testament . This document will provide your surviving loved ones with clear instructions regarding how you want your property and assets to be ...
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  • Handling an Estate If the Decedent Doesn't Leave a Will Behind

    Estate planning is an effective way to tell your loved ones what to do with your property and assets after you pass away. For many people reaching their golden years, wills are the go-to estate planning tool, and for good reason. Wills allow the testator to clearly state what they want to be inherited by whom and why. “My niece gets my car because she is an auto enthusiast,” for example, is easily ...
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  • A LOOK AT THE NEW YORK PROBATE PROCESS

    Probate is a very big factor to consider when you are planning your estate. There are potentially numerous different parties that would have an interest in your estate. For this reason, your estate must be probated when you use a last will to arrange for the distribution of your personally owned property. The process of probate is in place to allow the business of the estate to be conducted before ...
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  • CLARITY REGARDING COMMON ESTATE PLANNING DEVICES

    There are a lot of different legal devices that are used in estate planning. People sometimes harbor misconceptions about them based on assumptions. We would like to shed some light on three common estate planning instruments here. The most common estate planning device is the simple last will. This document is typically used to arrange for future asset transfers and to name a guardian for minor ...
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  • WHEN JEFFERSON WAS A MISTAKE

    We have written many times in this space that you need to update your Will whenever there is a significant change in your circumstances. There is another reason that you should update your Will from time to time. You should also update you Will when the life circumstances of your Executor change significantly. In the early years of the United States, if one of the goals of your estate was to free ...
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  • A LONG LOST WILL

    It is not normal for a Court to revisit an estate decades after someone dies. However, that is exactly what is happening right here in New York with the case of The Will Of Elmer H. Bobst who passed away over 30 years ago. Originally, Bobst’s estate was divided according to Letters Testamentary that he left behind. However, his heirs have recently discovered that after writing the Letters, he made ...
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  • LESSONS FROM THE PENN STATE SCANDAL

    It’s hard to think of almost anything good that has come out of the scandal at Penn State. When children are abused, it’s never good. Now that Jerry Sandusky has been convicted by a jury of his peers, however, it’s time to ask what we can learn from the scandal. There are certainly a lot of lessons that should be learned by university administrators and athletic departments, but this is an estate ...
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  • JOINT WILLS AND CHANGING CIRCUMSTANCES

    People are often similar and predictable. It is no different when it comes to their estate plans . Most people want the same thing. Almost universally, when a husband and wife in a first marriage devise an estate plan they want the same thing: when the first spouse passes away, everything goes to the surviving spouse. When the second spouse passes away, everything goes to the children. Executing ...
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  • BE RESPONSIBLE. GET A WILL.

    Are you one of the approximately 70% of Americans who do not have a Will ? Have you considered the consequences of not having one? If you do not plan for what will happen to your property after you pass away, then someone else will get to decide what happens to it. If you have young children and you do not have plans for what might happen to them should you be in a life-ending accident, then ...
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  • AN INSIDER'S GUIDE TO LIVING TRUSTS IN NEW YORK: PART 2 OF 3

    There are many different reasons you may want to create a living trust, and your attorney may decide to supplement your will with a living trust. However, in most cases, a living trust does not replace the need for a will. Your attorney may decide that creating a living trust is essential to your overall estate planning needs. A living trust does not have to go through probate, and your living ...
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  • WHAT ARE THE NECESSARY INGREDIENTS OF A VALID WILL? PART 3 OF 3

    Your witnesses must sign your will and include their names and addresses in front of one another and in your presence. Your signature and the signatures of your witnesses will follow the end of your will. Your witnesses are important and will help authenticate or validate your will, if necessary. Your witnesses must be able to testify that you were of “sound mind and memory” to create a binding ...
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  • WHAT ARE THE NECESSARY INGREDIENTS OF A VALID WILL? PART 2 OF 3

    In addition to signing your will as a mentally competent adult, you must also sign your will without any other legal defects. In other words, you must sign your will without any duress, fraud or undue influence. No one else can pressure you to sign your will, and you must sign it freely and without any confusion that the document you are signing is in fact your will. If someone threatens you ...
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  • WHAT ARE THE NECESSARY INGREDIENTS OF A VALID WILL? PART 1 OF 3

    To create a valid will in New York, you must comply with the New York Estates, Powers, and Trusts Law or “EPTL.” The New York EPTL governs all wills and trusts drafted by New York residents. Once your executor or custodian probates your will, the New York Surrogate’s Court Procedure Act or “SCPA” govern the procedural parts of your estate administration. Other various state, federal and common ...
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  • WISHING YOU A HAPPY HOLIDAY SEASON

    We at Davidov Law Group would like to wish you all a very Joyous Hanukkah, a Merry Christmas and a Happy and Healthy New Year!
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  • THE DIFFERENCES BETWEEN A WILL AND A LIVING WILL

    Living wills and last wills and testaments, most commonly referred to as simply a will, are two very important parts of any complete estate plan. These two vital parts of your estate plan serve two very different purposes. While you can create these documents at any time, you should only do so after consulting with a qualified attorney who can advise you about all your options and make ...
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