Law Office of Frank Bruno, Jr.

Category: Blog

  • What is Probate and How Does it Work?

    When you die, your estate goes through a legal process called probate. Probate is the court-supervised process of distributing your assets to your heirs and settling any debts or claims against your estate.

     

    While the specifics of probate can vary from state to state, the general process is similar across the country.

     

    Here’s what you need to know about probate and how it works:

    Step 1: Filing a Petition

    When someone passes away, the probate process typically begins with the filing of a petition with the court. This petition is a formal request to begin the probate process and is filed by someone who has an interest in the estate.

     

    If you have a will, the person who files the petition is typically the executor that you named in your will. The executor is responsible for carrying out the instructions in your will and overseeing the probate process.

    Step 2: Notifying Creditors and Heirs

     

    Once the probate court has received the petition, it will notify your creditors and your heirs that the probate process has begun. The purpose of notifying creditors is to give them a chance to file a claim against your estate for any outstanding debts or bills that you owed at the time of your death. This includes things like credit card debt, medical bills, and funeral expenses. Creditors have a certain amount of time, which varies by state, to file their claim against your estate.

     

    Your heirs have the opportunity to review your will and contest it if they believe it is invalid. Common reasons for contesting a will include claims that you were not of sound mind when you created the will, that you were under duress, or that the will was forged.

    Step 3: Inventorying Assets

    Next, the executor of your will (or the court-appointed administrator if there’s no will) will be responsible for taking an inventory of your assets. This includes a comprehensive list of all your assets, such as bank accounts, investment accounts, real estate properties, personal property, and any other valuable items you may have owned.

    The executor will need to determine the value of each asset, which may involve obtaining appraisals or other professional opinions.

    Step 4: Paying Debts and Taxes

    Once the assets have been identified and valued, the executor will need to use them to pay off any debts you owed at the time of your death. This involves using the assets identified in the previous step to settle any outstanding obligations you may have had at the time of your death.

     

    This includes debts such as credit card bills, medical expenses, and funeral costs. Additionally, any taxes owed by your estate, such as estate taxes or income taxes, must also be paid.

     

    If your estate does not have sufficient assets to pay off all of your debts and obligations, the executor will need to follow state law to determine the order in which debts are paid. This may involve selling off assets or liquidating investments.

    Step 5: Distributing Assets to Heirs

    Step 5 of the probate process involves distributing the remaining assets of your estate to your heirs. Once all of the necessary payments have been made, the executor will move forward with the distribution of assets.

     

    If you left a valid will, the executor will follow the instructions contained within the document for the distribution of your assets. If you did not have a will, your assets will be distributed according to state law.

     

    The distribution of assets can involve selling assets and dividing the proceeds among your heirs or transferring ownership of assets directly. For example, if you owned a home, the executor might sell the property and divide the proceeds among your beneficiaries or transfer ownership of the property directly to the beneficiaries themselves.

     

    If there are disputes among your heirs regarding the distribution of assets, they are often resolved through mediation or arbitration. However, in some cases, they may need to be settled in court.

    Step 6: Closing the Estate

    The final step in the probate process is closing the estate. After all assets have been distributed and debts have been paid, the executor files a final accounting with the probate court. The final accounting must be approved by the court before the estate can be closed. If the court finds issues with the accounting, it may require additional documentation or a hearing to resolve any disputes.

     

    It’s important to note that closing an estate can take several months or even years, depending on the complexity of the assets involved and any legal disputes that may arise.

     

    It’s the executor’s responsibility to ensure that all required documents are filed and all debts are paid in a timely manner, and to keep all interested parties informed of the progress of the probate process.

    Can I Avoid Probate Completely?

    Probate can be a lengthy and expensive process. Many people prefer to avoid it if possible. Here are a few ways to avoid probate:

     

    • Establish a Revocable Living Trust: Transfer your assets into a trust during your lifetime to maintain control and ensure a smooth transfer to beneficiaries without probate.
    • Designate Beneficiaries for Accounts: Name beneficiaries for life insurance policies, retirement accounts, and payable-on-death bank accounts to enable a direct transfer of assets outside of probate.
    • Joint Ownership: Jointly owning property with rights of survivorship allows automatic transfer to surviving owners, bypassing probate.
    • Consider Gifting: Reduce the value of your estate by gifting assets during your lifetime, potentially minimizing the need for probate.

     

    Please note that these strategies may vary in effectiveness depending on state laws and your individual estate. An experienced estate planning attorney can provide personalized guidance to help you navigate probate and probate avoidance.

    We Can Help with Probate and Estate Administration

    While probate can be a complex and time-consuming process, it’s an important part of ensuring that your assets are distributed according to your wishes after you die.

     

    If you want to avoid probate, there are estate planning strategies you can use, such as setting up a trust or making gifts to your heirs during your lifetime. Our experienced estate planning attorney team can help you explore your options and create a plan that’s right for you. Contact us to get started today.

  • Preserving Your Legacy: A Guide to Protecting Assets and Inheritance

    Preserving Your Legacy: A Guide to Protecting Assets and Inheritance

    Navigating an elder law estate plan revolves around crucial questions that shape your choices. Firstly, it addresses the fate of your assets after you pass away.  How does a person bequeath their assets, their personal treasures and lifetime of personal belongings to their loved ones, family, house of worship and charities? Is it through the use of a Last Will and Testament or one or several Trusts?

    Secondly, it anticipates the scenario of needing long-term care and how it might impact your assets. The days of living and dying still occur except it is living longer and dying more slowly. Looking at your own family and the family of friends, we have all seen death preceded by a long-protracted illness.  The type of illness and lack of proper medical insurance or the need for long-term medical insurance is what depletes family assets.

    A well-rounded plan seamlessly addresses both aspects, ensuring not only the smooth transfer of assets to your beneficiaries or loved ones but also safeguarding them from being depleted by long-term care expenses.

    Securing long-term care insurance stands as the most effective defense against the financial challenges associated with extended care needs. When contemplating this insurance option, critical considerations involve defining an appropriate daily benefit amount and incorporating an inflation rider to match the escalating costs of nursing home care. Notably, long-term care insurance goes beyond by covering the expenses of home health aides, empowering individuals to gracefully age within the familiarity and comfort of their own homes, steering clear of the need for relocation to a facility.

     

    In case you’re unable to obtain long-term care insurance, there’s a backup plan called Medicaid Asset Protection (MAPT). Assets held in MAPT for at least five years are shielded from nursing home expenses, and upcoming laws may extend protection to two and a half years for home care.

    Explore the option of using trusts instead of wills to bypass probate, which is a legal process initiated when you pass away with assets solely in your name. Trusts are harder to challenge than wills, especially if you’re disinheriting a child. In general, trusts streamline the estate settlement process, saving both time and money.

    Opt for Inheritance Protection Trusts when leaving assets to your children instead of direct distributions. These trusts serve as a protective measure during your children’s divorces, ensuring that in the unfortunate event of your child’s passing, the inheritance is preserved for your grandchildren rather than being vulnerable to claims from your children’s spouses.

     

    As I practice it, Elder law estate planning is a comprehensive approach tailored to address the unique legal and financial concerns that individuals face as they age. Moreover, elder law estate planning aims to mitigate potential tax liabilities, ensuring that as much of the estate as possible goes to the intended heirs rather than being depleted by taxes or other financial burdens.

     

    In essence, an elder law estate plan does three main things: (1) safeguards your assets from long-term care expenses, (2) passes assets to your heirs while minimizing taxes and legal fees, and (3) ensures your grandchildren inherit while shielding the legacy from your children’s divorces.

     

    Elder law estate planning offers a holistic approach to secure the well-being of seniors, protect their assets, and provide a clear roadmap for the distribution of their estate according to their wishes. By taking a proactive stance, individuals can steer the complexities of aging with confidence and ensure a legacy that aligns with their values and go

  • Avoiding Skilled Nursing Facilities

    Avoiding Skilled Nursing Facilities

    Nursing homes strike fear into the hearts of the elderly and families of the elderly. Although these institutions have been re-branded as skilled nursing facilities (SNFs) and they play a crucial role in providing specialized care for individuals requiring intensive medical attention and rehabilitation. These facilities offer a range of services from post hospital rehabilitation to long term care to cater to the diverse needs of residents.

    Many seniors wish to steer clear of nursing home placement and continue residing in their family homes, where they have built decades of memories. However, a significant number of older adults may not have adequately prepared for the future, including changes in daily routines, adapting to new lifestyles, and making the necessary decisions to avoid nursing home placement.

    The reluctance to discuss these topics often stems from the uncertainty of unforeseen health issues or accidents that might necessitate a move to a nursing home. Unfortunately, by avoiding these conversations, individuals inadvertently place burdens on their family members and limit their own choices. Successfully sidestepping nursing home placement requires proactive planning and consistent, deliberate actions on a day-to-day basis.

    Avoiding skilled nursing facilities may not be something you can plan for and is out of our hands, but upon realizing the intricacies of estate planning along with the considerations of elderly care, it can be proactively undertaken well before crisis situations, strategically preparing for aging in place and circumventing the need for admission to a long-term care skilled nursing facility.

    I recommend considering participation in one of our monthly Estate Planning Workshops / Webinars. You might also want to explore the option of retaining our law firm to aid you and your family in formulating a personalized Estate Plan. By doing so, you can explore strategies to cover in-home care expenses and establish arrangements that significantly improve the likelihood of avoiding placement in a nursing facility.

    Collaborating closely with your attorney and your family members is also important. This partnership will help identify your goals, research, and secure relevant services, and establish a plan tailored to keep you in the least restrictive setting of your choice. Early planning is essential to avoid a skilled nursing facility, and initiating the process well in advance ensures the highest likelihood of success. While we can assist in crisis situations, initiating your Estate Planning journey before a crisis emerges is even more beneficial.

  • Securing Tomorrow’s Promise: Expressing Unwavering Support with a Thoughtful Estate Plan

    Securing Tomorrow’s Promise: Expressing Unwavering Support with a Thoughtful Estate Plan

    In contemplating the inevitable, death stands as an undeniable truth that looms over every individual. However, departing from this world without an estate plan serves as a disconcerting choice, unleashing a cascade of uncertainties and potential chaos onto the lives of those left behind.

    The absence of an estate plan transforms the legal aftermath into a labyrinth of confusion. State laws take charge of asset distribution, often disregarding an individual’s unique wishes. A lack of will or trust leads to prolonged legal battles and disputes among heirs, fostering emotional distress and financial strain.

    For example, in numerous instances involving celebrities, their demise occurs without a comprehensive estate plan, an inadequate Will, or a document claiming to be a Will. This often leads to disputes and provides the public with a glimpse into the deceased’s personal and financial matters. Otherwise, this likely won’t happen if the deceased already prepared a Revocable trust.

    One good example was the case of Matthew Perry. He was widely recognized for his portrayal of the sarcastic and witty Chandler Bing on the immensely popular TV show “Friends,” passed away suddenly at the age of 54. Unmarried and without children, he left behind grieving parents, five half-siblings, and a vast fan base. Perry’s Estate Plan presents a unique scenario with the potential absence of a significant courtroom battle over his considerable fortune. This is attributed, at least in part, to his creation of a Revocable Trust, with no additional documents identified at the time of this writing. While the absence of public contention may suggest a smoother process, it doesn’t negate the opportunity to glean valuable lessons from this particular situation.

    At the time of Matthew’s passing, it is estimated that his estate surpassed $120 million, primarily accumulated through his contributions to “Friends” and ongoing royalties from the show. Despite the tragedy of Matthew’s demise, a closer look at his Estate Plan underscores a crucial lesson: irrespective of the estate’s size, having a tailored and comprehensive plan is imperative. Although Matthew had a Revocable Trust, the absence of a Will serves as a reminder of the importance of addressing all facets of estate planning to meet individual needs. Moreover, the manner in which Matthew’s assets will be distributed remains uncertain due to the privacy protections offered by the Revocable Trust. It is evident however that unless specific provisions addressing tax implications were incorporated into the Revocable Trust, substantial tax burdens are anticipated.

    The Revocable Trust sidesteps many of the issues commonly linked with celebrity estates. A Revocable Trust functions as a viable alternative to a Will, effectively avoiding the probate process mandated by the Will. Furthermore, the Revocable Trust offers centralized asset management, facilitates disability planning throughout one’s lifetime, and ensures the confidentiality of the decedent, the estate plan, and its beneficiaries.

    A proficient Trust and Estate practitioner consistently advises clients to establish both a Will and a Revocable Trust, as each document serves distinct purposes in guiding posthumous affairs.

    The Will, uniquely capable of tasks such as nominating guardians for minor children, serves as a crucial fallback to the Trust. In cases where the decedent neglects to retitle assets in the name of the Revocable Trust before passing, the Will contains provisions directing the asset distribution to the Trust. However, this necessitates the assets to undergo probate, a potentially protracted and costly process contingent on the state of residence. It’s important to note that, with rare exceptions, probate is a public process.

    Blogs about celebrity estates are interesting because they show what can go wrong without proper Estate Planning. Everyone, no matter how much they own, needs an Estate Plan. Talk to a qualified Estate Planning attorney about your situation. Many suggest using Revocable Living Trusts instead of Wills to avoid probate and simplify things during disability. But, as this article explains, Revocable Trusts may not cover everything.

    If Matthew had planned his estate properly, he could have made sure his legacy lived on as he wanted, maybe through his foundation or a charity. Get help from an Estate Planning expert to create your plan, and your family will thank you for being a true “Friend.”

  • Understanding Probate in New York: What You Need to Know

    Understanding Probate in New York: What You Need to Know

    Probate is the legal process in which, following your death, a Surrogate’s Court Judge (the Surrogate) reviews the Petition and legal documents submitted and approves the terms outlined in your Wll. Subsequently, your assets, property, and possessions are distributed to your beneficiaries once any outstanding debts have been settled.

    Upon the passing of a New York resident, the distribution of their assets to heirs and beneficiaries is governed by New York probate law. Initially, the probate courts (Surrogate’s Court) in New York appoint a representative, often referred to as an executor, to oversee the estate affairs. The appointed executor’s responsibilities include the collection and documentation of all assets, settling outstanding debts, and validating the authenticity of any existing wills. Following the completion of these necessary steps by all parties involved, the rightful heirs then receive their designated inheritance.

    Is Probate Required in New York?

    Yes, in New York, the probate process is required when a decedent passes away with an asset in his or her individual name, particularly for individually owned assets such as cash, homes, electronics, checking accounts, jewelry, and cars. Notably, life insurance policies and bank accounts with named beneficiaries, as well as jointly owned assets, are exempt from the New York probate process. Estates held within a living trust are classified as non-probate assets.

    Small estates jointly owned with a value below $50,000 may be eligible for a Voluntary Administration proceeding, irrespective of the existence of a Last Will. Administration, in this context, pertains to the court’s authorization for an heir to manage the property of the deceased.

    In instances where the deceased solely owned real estate, a Voluntary Administration proceeding cannot be initiated. Moreover, if the decedent possessed both real estate and a Last Will, heirs are required to initiate a probate proceeding. Additionally, when dealing with a wrongful death lawsuit, the estate must undergo the probate process.

    How Much Time Does the Probate Process Take in New York?

    The duration of the probate process in New York hinges on factors like estate size, the number of beneficiaries, the executor’s capabilities, and potential Will contests. According to the American Bar Association, the typical duration for probate ranges from six to nine months. In a post-Covid world, estates are lasting a year or longer. While some heirs may receive their inheritance within six months, the typical probate period for most estates is around one year and then some. The process tends to be shorter when the Will is uncontested, and debts are swiftly resolved. While there is no specific legal deadline for initiating probate after death, it is advisable to commence the filing at the earliest opportunity. Probate procedures often extend over several months to a year, underscoring the importance of early filing.

    Heirs and beneficiaries named in the will are officially notified of the probate proceedings. They may have the opportunity to contest the will during this period if they believe there are grounds to do so.

    Is Going Through Probate Necessary?

    It depends. Surprisingly, there is an option to bypass the probate process. Yet, choosing this route implies forfeiting access to the assets specified in your loved one’s will. It is crucial to note that no heir gains official recognition until the probate process is successfully completed. This proceeding might seem cumbersome, but it still remains a preferable option to inheriting nothing. Fortunately, there are proactive measures one can take in advance to avoid the necessity of probate.

    While the probate process can be seen as complex and time-consuming, its importance lies in bringing transparency, order, and legal validity to the distribution of an individual’s estate. Seeking legal guidance and planning ahead can help simplify the probate process, making it a valuable component of a comprehensive estate planning.

  • Ensuring the Legitimacy: The Vital Role of Witnesses in Your Will

    Ensuring the Legitimacy: The Vital Role of Witnesses in Your Will

    In the realm of estate planning, the crucial task is to guarantee the legal validity of your will. An essential element for a valid will involves the presence of witnesses during the signing process. But what makes this step so vital?

    It is widely understood that for a New York will to be considered valid, additional individuals must witness the testator’s signature and affix their own signatures to the document. Having witnesses to a will is crucial for several reasons, as it helps ensure the validity and authenticity of the document. Despite this awareness, the most frequent cause of a Last Will being deemed invalid is often traced back to improper execution. Improper Execution is when one or several aspects of the witnessing of a Will is done incorrectly.

    What is the purpose of having witnesses? Witnesses play a crucial role in the probate process by offering direct essential evidence. Those who witness your signing can provide firsthand narratives of the Will’s execution. In the event of a Will contest, these witnesses can testify about the procedural steps taken during the execution, the testamentary capacity of the testator, and the mental capacity of the individual creating the will. Our estate lawyers explore the significance of having witnesses for your will in the discussion that follows.

    Here are some key reasons why having witnesses is important when creating a will:

    Legal Requirements

    Many jurisdictions have specific legal requirements regarding the witnessing of wills. New York requires two witnesses to a Last Will. These requirements are in place to prevent fraud, coercion, or other undue influences on the person creating the will (the testator). Failure to meet these requirements could result in the will being declared invalid.

    Verification of Identity and Capacity

    Witnesses can verify the identity of the testator and confirm that they are of sound mind and not under any undue influence or pressure when creating the will. This helps ensure that the testator is making decisions voluntarily and with full mental capacity.

    Documentation of the Signing Process

    Witnesses provide an objective record of the signing process. They can attest that the testator signed the will willingly and in their presence. This can be important if there are any disputes or challenges to the validity of the will.

    Protection Against Fraud

    Having witnesses can deter fraudulent activities, such as someone forging a signature on a will or coercing the testator into making changes against their wishes. Witnesses can provide testimony to the authenticity of the document and the circumstances surrounding its creation.

    Credibility in Court

    In case the will is contested in court, the presence of witnesses adds credibility to the document. Their testimony can be valuable in supporting the validity of the will and ensuring that the testator’s intentions are carried out.

    Adherence to Legal Formalities

    Different jurisdictions may have specific formalities that must be followed when creating a will. The presence of witnesses may be one such formality. Failing to adhere to these formalities can result in the will being deemed invalid.

    Facilitation of Probate Process

    Having properly witnessed and executed wills can streamline the probate process. Probate courts are more likely to accept and enforce a will that has been executed according to legal requirements, making the administration of the estate smoother.

    It’s important to note that the requirements for witnesses may vary by jurisdiction, so individuals should be aware of and follow the specific laws applicable in their area when creating a will. Additionally, some jurisdictions may have restrictions on who can serve as a witness (e.g., beneficiaries or close relatives may be excluded).

    The execution of a New York will is governed by the specifications outlined in Section 3-2.1 of the New York Estates, Powers, and Trusts Law. In summary:

    • A minimum of two attesting witnesses is required.
    • The testator, or the individual creating the will, must sign in the presence of each witness.
    • The attesting witnesses must affix their signatures subsequent to the testator’s signing.

    · The attesting witnesses are also required to provide their addresses.

    Excluding the witnesses’ addresses doesn’t render the will invalid, but it’s advisable to include this information in case the witnesses are summoned to testify.

    Moreover, attesting witnesses must maintain impartiality in the matter. In other words, individuals inheriting through your testamentary documents cannot serve as witnesses. While technically permissible to have an interested witness sign, a third disinterested witness is required for validity. Failure to secure a disinterested witness may result in the nullification of bequests made to the interested party to uphold the will’s validity.

    It’s important to note that laws can change, and specific details may vary. Therefore, individuals in New York City or elsewhere in the state should consult with a legal professional to ensure they understand and comply with the current witness requirements for creating a valid will.

    Reference: New York Laws EPT – Estates, Powers and Trusts Section 3-2.1 (2022) https://law.justia.com/codes/new-york/2022/ept/article-3/part-2/3-2-1/

  • Navigating the Divide: Common Mistakes During Divorce and How to Avoid Them

    Navigating the Divide: Common Mistakes During Divorce and How to Avoid Them

    Divorce is a challenging life event that requires careful consideration and strategic decision-making. It is a rollercoaster of emotions, ranging from grief and anger to confusion and sadness. The dissolution of a marriage brings with it a profound sense of loss and can trigger a process of self-reflection. Navigating this emotional terrain is often one of the most challenging aspects of divorce, requiring individuals to confront and process complex feelings. Unfortunately, many individuals inadvertently make common mistakes that can have long-lasting consequences. In this blog post, we’ll explore some of these pitfalls and offer guidance on how to steer clear of them.

    Lack of Financial Planning

    One of the most common mistakes during divorce is a failure to plan for the financial implications. From dividing assets to understanding alimony and child support, financial planning is crucial. Consult with a financial advisor to gain clarity on your post-divorce financial situation and ensure a fair division of assets.

    Emotional Decision-Making

    One of the most palpable difficulties of divorce lies in the emotional turmoil it unleashes. Divorce is an emotionally charged process, and decisions made in the heat of the moment can lead to regret later on. It’s essential to approach decisions with a clear head and consider the long-term consequences. According to former Judge Bompiani in his interview with the Sun U.S., he advises against letting your emotions get the best of you because they could end up dictating your actions. He exclaimed that, “You cannot fall into the trap of letting your emotions dictate your decisions and actions. You need to treat this divorce like a business. Clear your head by getting the help you may need. Take a step back and look at the whole picture objectively.”

    Seeking the support of a therapist or counselor can help manage emotions during this challenging time.

    Overlooking Legal Counsel

    Some individuals attempt to navigate the divorce process without seeking proper legal advice. Having a skilled divorce attorney is essential to protect your rights and ensure a fair settlement. The legal complexities inherent in divorce proceedings add another layer of difficulty. Negotiating custody arrangements, dividing assets, and understanding the legal intricacies involved demand a comprehensive understanding of family law. Seeking professional legal counsel becomes not just a choice but a necessity to navigate the legal maze effectively.

    One significant error to avoid is seeking legal guidance from family and friends who are not practicing attorneys. It is crucial to recognize that non-professional advice on divorce, especially concerning complex matters like property division and parental responsibilities, may lead to legal and financial ramifications that have enduring consequences on your life.

    Ignoring the Importance of Documentation

    Accurate and comprehensive documentation is critical during divorce proceedings. Failing to gather and organize financial records, property deeds, and other relevant documents can complicate the division of assets. Take the time to compile and organize all necessary paperwork to streamline the process.

    Disregarding Children’s Well-being

    Parents undergoing divorce must prioritize the well-being of their children. Using children as leverage or involving them in disputes can have long-lasting emotional effects. Children are profoundly affected by the divorce of their parents. Adapting to new living arrangements, witnessing parental discord, and navigating changes in family dynamics can be emotionally challenging for them. Coordinating co-parenting efforts and ensuring the emotional well-being of the children require a delicate balance and concerted efforts from both parents.

    Posting on Social Media

    Social media posts can serve as a double-edged sword in divorce cases. Courts may consider publicly available information when making decisions related to child custody, alimony, and asset division. Therefore, exercising caution about what you share online is crucial to avoid unintentionally affecting the outcome of legal proceedings. Judge Bompiani further reiterated that, “These attorneys are going to be digging through all of your posts and using and twisting everything they can to gain an advantage for their client, so be careful and be smart about it.”

    Not Considering Tax Implications

    The financial implications of divorce extend to tax considerations. Failing to account for the tax consequences of asset division and spousal support can lead to unexpected financial burdens. Consult with a tax professional to understand the tax implications and plan accordingly.

    Verbal Agreements

    Avoid entering into verbal agreements with your spouse during divorce proceedings, even in cases of amicable relationships. It is crucial to formalize all agreements in a written settlement document to safeguard your interests. Enforcing oral agreements can be difficult, if not impossible, particularly when a comprehensive written agreement is in place.

    Overlooking Legal Counsel

    Some individuals attempt to navigate the divorce process without seeking proper legal advice. Having a skilled divorce attorney is essential to protect your rights and ensure a fair settlement. The legal complexities inherent in divorce proceedings add another layer of difficulty. Negotiating custody arrangements, dividing assets, and understanding the legal intricacies involved demand a comprehensive understanding of family law. Seeking professional legal counsel becomes not just a choice but a necessity to navigate the legal maze effectively.

    One significant error to avoid is seeking legal guidance from family and friends who are not practicing attorneys. It is crucial to recognize that non-professional advice on divorce, especially concerning complex matters like property division and parental responsibilities, may lead to legal and financial ramifications that have enduring consequences on your life.

    Ignoring the Importance of Documentation

    Accurate and comprehensive documentation is critical during divorce proceedings. Failing to gather and organize financial records, property deeds, and other relevant documents can complicate the division of assets. Take the time to compile and organize all necessary paperwork to streamline the process.

    Disregarding Children’s Well-being

    Parents undergoing divorce must prioritize the well-being of their children. Using children as leverage or involving them in disputes can have long-lasting emotional effects. Children are profoundly affected by the divorce of their parents. Adapting to new living arrangements, witnessing parental discord, and navigating changes in family dynamics can be emotionally challenging for them. Coordinating co-parenting efforts and ensuring the emotional well-being of the children require a delicate balance and concerted efforts from both parents.

    Posting on Social Media

    Social media posts can serve as a double-edged sword in divorce cases. Courts may consider publicly available information when making decisions related to child custody, alimony, and asset division. Therefore, exercising caution about what you share online is crucial to avoid unintentionally affecting the outcome of legal proceedings. Judge Bompiani further reiterated that, “These attorneys are going to be digging through all of your posts and using and twisting everything they can to gain an advantage for their client, so be careful and be smart about it.”

    Not Considering Tax Implications

    The financial implications of divorce extend to tax considerations. Failing to account for the tax consequences of asset division and spousal support can lead to unexpected financial burdens. Consult with a tax professional to understand the tax implications and plan accordingly.

    Verbal Agreements

    Avoid entering into verbal agreements with your spouse during divorce proceedings, even in cases of amicable relationships. It is crucial to formalize all agreements in a written settlement document to safeguard your interests. Enforcing oral agreements can be difficult, if not impossible, particularly when a comprehensive written agreement is in place.

    Rushing the Process

    Divorce is a complex legal procedure that takes time. Rushing through the process in an attempt to expedite matters can result in oversights and unfavorable outcomes. Patience is key – take the time to thoroughly address all aspects of the divorce to secure a fair resolution.

    Despite societal shifts in attitudes towards divorce, a lingering social stigma can cast a shadow over the process. Individuals often grapple with feelings of judgment or isolation, adding a layer of difficulty to an already trying situation. Building a supportive network becomes imperative to counteract the potential social fallout.

    Divorce is undoubtedly a challenging experience, but avoiding common mistakes can make the process more manageable. Seeking professional advice, maintaining emotional resilience, and prioritizing thoughtful decision-making are crucial steps in steering the complexities of divorce. By being proactive and properly informed of the legalities, individuals can work towards a smoother transition to the next chapter of their lives.

    Reference: The Sun U.S. (Nov 3, 2022) “BURNING BRIDGES I’m a Judge – Five common mistakes made during a divorce battle that can cost you thousands during a painful split”

    https://www.the-sun.com/money/6526161/common-divorce-mistakes-money-time/

    Rushing the Process

    Divorce is a complex legal procedure that takes time. Rushing through the process in an attempt to expedite matters can result in oversights and unfavorable outcomes. Patience is key – take the time to thoroughly address all aspects of the divorce to secure a fair resolution.

    Despite societal shifts in attitudes towards divorce, a lingering social stigma can cast a shadow over the process. Individuals often grapple with feelings of judgment or isolation, adding a layer of difficulty to an already trying situation. Building a supportive network becomes imperative to counteract the potential social fallout.

    Divorce is undoubtedly a challenging experience, but avoiding common mistakes can make the process more manageable. Seeking professional advice, maintaining emotional resilience, and prioritizing thoughtful decision-making are crucial steps in steering the complexities of divorce. By being proactive and properly informed of the legalities, individuals can work towards a smoother transition to the next chapter of their lives.

    Reference: The Sun U.S. (Nov 3, 2022) “BURNING BRIDGES I’m a Judge – Five common mistakes made during a divorce battle that can cost you thousands during a painful split”

    https://www.the-sun.com/money/6526161/common-divorce-mistakes-money-time/

  • 5 Common Estate Planning Mistakes to Avoid

    5 Common Estate Planning Mistakes to Avoid

    Estate planning is an essential part of financial planning, but it can be a complex process. Unfortunately, many people make common estate planning mistakes that can have serious consequences.

    In this blog post, we will discuss five of the most common estate planning mistakes and offer tips on how to avoid them.

    Mistake 1: Failing to update beneficiary designations

    One of the most common estate planning mistakes is failing to update beneficiary designations on financial accounts or life insurance policies. Many people don’t realize that beneficiary designations take precedence over wills or trusts, so if they haven’t been updated, they may not reflect the person’s current wishes.

    To avoid this mistake, it’s essential to regularly review and update beneficiary designations, especially after major life events like marriage, divorce, or the birth of a child.

    Mistake 2: Not considering tax implications

    Another common estate planning mistake is not considering tax implications. Failing to take into account the tax implications of your estate plan can result in a significant reduction in the value of your assets for your beneficiaries.

    To avoid this mistake, work with an experienced estate planning attorney who can help you navigate the complex tax laws and create a plan that minimizes tax liabilities.

    Mistake 3: Choosing the wrong executor or trustee

    Choosing the wrong executor or trustee can also be a significant estate planning mistake. Executors and trustees have tremendous responsibilities and play a crucial role in ensuring that your wishes are carried out. Choosing the wrong person can result in delays, legal challenges, and potential conflicts among family members.

    To avoid this mistake, carefully consider your options and choose someone who is trustworthy, responsible, and willing to take on the responsibilities of executor or trustee.

    Mistake 4: Failing to plan for incapacity

    Many people make the mistake of assuming that estate planning only involves planning for what happens after they pass away. However, planning for incapacity is just as important. Failing to plan for incapacity can result in significant legal and financial challenges for your loved ones.

    To avoid this mistake, work with an estate planning attorney to create a plan that includes provisions for incapacity, such as a durable power of attorney or healthcare directive.

    Mistake 5: Not regularly reviewing and updating your plan

    Finally, one of the most common estate planning mistakes is failing to review and update your plan regularly. Estate planning is an ongoing process, and your plan should be reviewed and updated in the event of a life change to ensure that it reflects your current wishes and takes into account anything new in your financial or personal situation.

    To avoid this mistake, schedule regular reviews of your estate plan with an experienced estate planning attorney, and make updates as needed.

    Conclusion

    Estate planning is a complex process, and it’s essential to avoid common mistakes that can have serious consequences. By regularly reviewing and updating your plan, carefully choosing your executor or trustee, planning for incapacity, considering tax implications, and updating your beneficiary designations, you can create an estate plan that protects your assets and provides for your loved ones.

    Don’t wait until it’s too late to start planning. Contact an estate planning attorney today to take steps toward a more secure future.

  • Steps in a Real Estate Closing Process

    Steps in a Real Estate Closing Process

    Embarking on the journey to property ownership culminates in a momentous event known as the Real Estate Closing. This represents the conclusion of meticulous planning, negotiations, and paperwork, converging into a final act that officially transfers property ownership. The real estate closing process in New York involves several steps that close the transfer of property ownership from the seller to the buyer. Here is an overview of the key stages in the real estate closing process in New York:

    Contract of Sale:
    The process typically begins with a prospective buyer viewing homes, making offers, and finally having an accepted offer. The Seller hires a lawyer to prepare a contract of sale. The buyer must review the contract of sale with an attorney and execute the contract. This is a legally binding agreement between the buyer and the seller that outlines the terms and conditions of the real estate transaction. The contract includes details such as the purchase price, the closing date, and any mortgage contingency.

    Real Estate Attorney NYC...

    Attorney Review and Due Diligence:
    Both parties in New York have an attorney to prepare, negotiate and review the contract. During this period, the buyer may conduct due diligence, which involves inspections, title searches, and other investigations to ensure that there are no issues with the property.

    In the New York real estate landscape, it is necessary for both buyers and sellers to enlist the services of attorneys to safeguard their interests throughout the transaction. These legal representatives play pivotal roles in negotiating the terms of the contract, delineating financial responsibilities, and managing adjustments, particularly related to closing costs and taxes.

    The seller’s attorney assumes a range of responsibilities, including the creation of the initial contract of sale, the clearance of title issues, the preparation of the deed and associated tax transfer documents, the coordination of payoffs, and the facilitation of necessary payments for liens or judgments identified in the title report.

    On the buyer’s side, their attorney is tasked with reviewing the contract of sale, scrutinizing the title, ensuring the buyer brings the appropriate funds to the closing table, explaining the lender’s documents to the buyer, and verifying that the title company provides insurance for the buyer’s rightful ownership of the property.

    Both attorneys guide their respective clients through the intricacies of the documentation, clarifying terms before signatures are affixed. They also craft specific statements of facts as stipulated by the title company, confirming the submission of requisite financial documents to guarantee a seamless and legally sound real estate transaction.

    Earnest Money Deposit:
    The buyer provides an earnest money deposit to the seller as a show of good faith and consideration for the transaction. This deposit is held in escrow until the closing.

    Mortgage Application and Approval:
    If the buyer is obtaining a mortgage, they will need to submit a mortgage application and go through the approval process. The lender will conduct an appraisal of the property to ensure it is worth the loan amount.

    Title Search and Title Insurance:
    A title search is conducted to ensure that the property has a clear title and there are no outstanding liens or claims. Title insurance is purchased to protect the buyer and the lender against any unforeseen title issues.

    Closing Costs:
    Both parties have various closing costs, including fees for attorneys, title searches, recording fees, and more. Some costs can be negotiated as part of the contract.

    Real Estate Closing

    Final Walk-Through:
    Prior to closing, the buyer typically has the right to perform a final walk-through of the property to ensure that it is in the agreed-upon condition.

    Closing:
    The closing meeting is where all parties involved in the transaction come together to sign the necessary documents. This includes the buyer, seller, attorneys, the lender’s attorney, and title company representative. The buyer will pay the remaining balance of the purchase price, and the seller will transfer the deed to the buyer. Big picture-think Seller gets payment and buyer receives the Deed and keys.

    Recording of Documents:
    After the closing, the deed and other relevant documents are recorded with the appropriate government office. This officially acknowledges transfer of ownership of the property to the buyer.

    Possession:
    Finally, the buyer takes possession of the property, and the transaction is complete.
    It is important to note that real estate transactions can vary, and the specifics may be influenced by factors such as the type of property, financing arrangements, and any unique terms negotiated between the parties. Working with experienced real estate professionals, including attorneys and real estate agents, can help ensure a smooth closing.

    Real estate closings are the magnum opus in the home buying symphony, where negotiations, paperwork, and financial transactions culminate in the final transfer of property ownership. As the keys to a new chapter are handed over, the real estate closing stands as a symbolic and actual key to the door of ownership. For both buyers and sellers, understanding this process ensures a well-executed, memorable transition into a new realm of property ownership. Need expert advise? Check more details here

  • Your Executor Doesn’t Want to Serve?

    Your Executor Doesn’t Want to Serve?

    What if Your Executor Doesn’t Want to Serve?

    When you’ve finally come to determine who you trust enough to serve as your executor, you’ll need to take the next step. It involves having a conversation with the person about what you are asking them to do. You’ll need to ask if they are willing, says the Pocono Record in the article “Don’t assume person is willing to be your executor.” People are often flattered at first when they are asked about this role, but if they don’t fully understand the responsibilities, they may decide not to serve just when you need them the most.

    Once your executor has agreed to act on your behalf and you have a last will and testament prepared by an estate attorney, tell your executor where your will is stored. Remember that they need to have access, in addition to knowing where the document is. If the will is kept at home in a fire-proof box or a document box that is locked, make sure to tell them where the key is located.

    If you feel that the will would be safer in a bank’s safe deposit vault, you have a few additional tasks to complete. One is to make sure that your executor will be able to access the safe deposit box. That may mean adding them to the list of people who have access. They may be technically permitted to enter the box with a bank representative solely for the purpose of obtaining the last will and testament. However, you should check with your branch first.

    Once they have the last will and testament and it is filed for probate, the Surrogate issues Letters Testamentary, which says that the executor has the authority to open the safe deposit box to inventory its contents, after proper notice is given to the state’s authorities. The executor must complete an inventory form for the authorities and any personal property in the safe deposit box must be appraised for fair market value as of the date of death. Inheritance tax will need to be paid on the value, if there is any due.

    Communication is very important in the executor’s role. You may or may not want to allow them to see the will before you pass, but they will need to know where the original document can be found.

    To make the next part of the executor’s job easier, create an inventory of your assets and include information they will need to complete their task. They’ll also need to know contact information and account numbers for homeowners and car insurance, veterans’ benefits, credit cards, mortgage, pensions, retirement accounts and any other assets.

    Some people store their information on their computer. However, if the executor cannot access your computer or cannot get into the computer because they don’t have your password, you may want to create a hard copy document, as well as keeping information on your computer.

    Taking on the role of an executor is a big job. You can show your appreciation, even after you are gone, by making all preparations for the information needed. If Your Executor Doesn’t Want to Serve initially, perhaps their mind can be changed by being organized, having a list of assets and a list of contacts.

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