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What is a Will and Why Does Everyone Need One A Last Will and Testament is a document that states your final wishes. Every Will must be submitted to the Surrogate’s Court after death so the Court can determine if it is valid and enforceable. This is the procedure known as “probate.” Your closest family…

How Second Marriages Can Affect Your Estate Planning As a long time estate planning and elder law attorney, my clients have gone from mostly married couples at the beginning of my practice to a varied array of combinations of people who wish to provide for each other and their families. Often, I now see couples…

Ten Years After Ten years ago, after more than a year of meetings, intense research, visits and interviews at senior centers, and discussions with town officials, our group was poised to embark on an ambitious project – the Town of Montgomery Seniors Independence Project. Who’s in our group? An amazing assortment including public officials, representatives…

I have been experiencing an unusual phenomenon in my estate planning and elder law practice over the last month or so. There has been a literal rush of clients wanting to have living trusts prepared. While I am always happy to help new clients, this was somewhat above the norm. Typically, clients seek estate planning…

Dispute Resolution:  7 Typical Provisions for Contract Negotiations When parties sit down to hammer out their commercial contracts, often left to the end as an afterthought is a dispute resolution mechanism. The optimal time to create strategies to avoid the time, expense and adverse business consequences of traditional litigation is before any dispute arises. In…

Over the years, it has not been difficult to be critical of New York’s lack of support of seniors.  The State has moved towards making it more difficult to become eligible for Medicaid for those who are in need, there’s been radical cuts in staff for agencies such as Office for the Aging, and we…

Paul Smith’s College is the only four-year college in the Adirondacks Park in New York State. The college was formed in 1937 with funds bequeathed in the Last Will and Testament of Phelps Smith. The Will stated that the college shall “be forever known” as Paul Smith’s College of Arts and Sciences.” Phelps Smith named…

The answer is Yes. In New York, EPTL  §3-1.1 provides: “Every person eighteen years of age or over, of sound mind and memory, may by Will dispose of real and personal property and exercise a power to appoint such property.” The formal requirements for execution and attestation of Wills is set forth in EPTL §3-2.1….

As many of you know, when you have your attorney prepare your will, there are two main choices you must make. The first and primary choice is who will receive your possessions when you die. Second is who will be the executor of your estate? But what is an executor and why is he or…

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