Wills, Trusts and Estates
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- Wills, Trusts and Estates
Surveys indicate that approximately 50% of all Americans do not have a Will. Those Americans without a Will may be shocked to learn about the Intestacy Laws in New York State and who will receive their property as a result. Also, having a form Will, without hiring an attorney, is typically not the solution to this epidemic because the Estates, Powers and Trusts Law (EPTL) has specific requirements for a Will’s proper execution that must be followed for the Will to be enforceable. So, plan your legacy properly under the counsel of a licensed attorney. Also, learn if a more aggressive estate planning strategy is right for you by use of trusts and deed transfers. Ask about Lieb at Law’s offering of Inter Vivos Trusts (Living Trusts), Credit Shelter Trusts, Supplemental Needs Trusts, Grantor Trusts, Life Insurance Trusts, and Testamentary Trusts. Lastly, do not forget the necessity to execute advanced directives such as a Healthcare Proxy to nominate a healthcare decision making agent; a Power of Attorney to appoint a financial decision making agent; and a Living Will to prescribe which healthcare treatments you will or will not accept if you experience certain future medical problems without the ability to express your wishes.
Probate / Administration
Wills must be probated in the Surrogates Court to give official recognition to their written directions. Lieb Attorneys work with the Executor in facilitating their every need in administering a Will. From first reading of the Will to preparing a Petition to conducting the requisite Due Diligence in order to satisfy the Court’s requirements in providing representation, the Executor should have the full support of a competent law firm when fulfilling his or her responsibilities. If no Will exists, Lieb Attorneys will work to effectuate the transfer of the decedent’s property under the Intestacy Laws by way of an Administration. If you are the closest surviving living relative of someone without a Will, this is the appropriate means for you to establish their legacy. Just be careful to get authority from the Court by way of Letters of Administration before you act on a decedent’s behalf in order to comply with the law.
Lieb at Law has handled litigation disputes for more than thirty five years. Our firm provides representation in advocating to advance your understanding of what your loved one’s intent was when they had their Will prepared.
Lieb Attorneys will educate you on the availability of Surrogates Court Procedure Act § 1404 Examinations and how to decipher other forms of potential evidence in support of your position. Alternatively, learn your rights to an Accounting Proceeding in order to challenge the Executor’s administration of the decedent’s Estate for misappropriating Estate assets or otherwise breaching their fiduciary duty to the Beneficiaries of the Estate. Our office knows how to contest a Will that does not follow the execution requirements of the Estates, Powers and Trusts Law (EPTL) or when its execution is the result of fraud, duress or overreaching.