Archive for the ‘Wills’ Category

Estate Plans Should Include Provisions for Pets

Tuesday, August 23rd, 2011

Many seniors fail to consider their pets when building an estate plan, an oversight that often finds them homeless or in animal shelters, according to the Humane Society of the United States.

People often incorrectly assume they will outlive their pet, or that a friend or family will take care of their pet when they are gone, according to Anne Culver, director of Disaster Services for the Humane Society. Formal provisions can ensure a pet will receive proper care in a loving home after its owner has passed away.

It is important to outline a temporary plan for a pet before even drafting a long-term plan. Estate plans can take time to carry out, especially if they are contested, but pets need daily care and immediate attention. A designated friend, family member or neighbor can ensure a pet’s needs are met while an estate plan is being carried out.

Formal, long-term arrangements for a pet can be created with the help of a lawyer in the form of a special will, trust, or other document. When selecting a caregiver, seniors should consider close family or friends who have met the pet and who have successfully cared for a pet of their own. If an estate plan includes more than one pet, they should be kept together, especially if they have bonded. Seniors should keep in contact with potential caregivers over time to ensure that their circumstances have not changed, and they are still willing to care for the pet.

In the event that a caregiver cannot be found, the executor of a will can be authorized to find a satisfactory new home for a pet. This may take time, so careful instructions and proper funding are paramount. An estate plan can include funding for a pet’s temporary and permanent expenses.

A trust for a pet may also be set up as an alternative to a will. Unlike a will, which only takes effect upon death, a trust goes into effect as soon as a senior becomes incapacitated. This means that a pet can be cared for immediately.

http://www.elderlawnewyork.com/blog/
To learn more about New York elder law, New York estate planning, visit http://www.elderlawnewyork.com or http://www.littmankrooks.com

Make Sure Your Will Is Airtight

Monday, November 15th, 2010

People often think that because they have executed a Will, their wishes will be 100 percent honored when they pass on. Unfortunately, that is not always the case.

A Will that is not properly drafted and is not sufficiently specific can result in lengthy court battles. This can lead to disgruntled family members and grudges that last for generations.

A Will that is drafted from an Internet sample may be inadequate for your specific needs. It is best to hire an experienced estate planning attorney who can help you craft a document that is tailored to your situation, meets the statutory requirements for a valid Will, and protects beneficiaries and fiduciaries.

Here are some suggestions for making sure your wishes are honored:

-Keep copies of all correspondence and conversations with the drafting attorney.

-Be sure to update your Will on a regular basis.

-If you have previously executed a Will, destroy it, along with any drafts.

To learn more about New York elder law, New York estate planning, visit http://www.elderlawnewyork.com

When a Will and Testament Becomes Contested

Monday, January 18th, 2010

A Last Will and Testament is a legal declaration by which an individual provides for the transfer of property upon death and names one or more people to manage the estate.

Death is inevitable. But a careful choice in selecting an executor is seldom a given, especially where property and money are involved. During life, families may seem to get along fine, but the death of a loved one, considerable property to be disbursed, and an executor who seems unfair or biased — can be a recipe for conflict. The living, prior to their passing, don’t always write out their wishes in clear and concise ways. If there is uncertainty in a family about what might occur upon the death of a patriarch or matriarch, for instance, the atmosphere following death can resemble an emotional war zone.

An executor can help resolve such conflicts. The best executors execute their duties professionally, with tact, with due regard for family dynamics, and with professional guidance from a knowledgeable attorney. If a will contest nevertheless does occur, at least it should then be grounded in law and fair play.

To learn more about New York Elder Law, NY Elder Law, New York Elder Care, NY Elder Care, or New York Estate Planning visit http://www.elderlawnewyork.com.