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Probate Litigation Archives

My deceased parent left behind 2 wills, what now?

In the midst of all the confusion and grief your family is going through in New York because your parent has passed away, passed away, you learn they left behind two wills. While this may not seem like a big deal for everyone to get upset about, it can cause a great deal of conflict and tension between you and your family members. 

What 2 issues can lead to probate litigation?

When planning your estate in Brooklyn, one thing you should keep sight of is potential problems your loved ones may encounter in probate. Even though you have specific ideas about how you want your estate and assets to be distributed, your family members may not agree with them.

Choosing the right estate executor

Many people in the Brooklyn area do not realize that there is much more to making estate plans than making wills. Executors are necessary to settle their estates. There are many duties involved in managing estates. They may feel inclined to choose one based on their relationship to them. However, family and familiarity are not always the best reasons to use. 

A guide to disinheriting heirs

Whatever the reason, it is possible for a person to disinherit an heir in New York. It is usually done as part of a will or estate planning process. However, not every heir can be disinherited and even if it is done legally, some heirs will not be satisfied and may fight the estate after the person's death. It can be a sticky situation, which is why it must be done properly to avoid issues in the future.

Avoid fighting with your siblings following parental death

Nothing can adequately prepare you for the death of a parent even if the death has been anticipated due to age, health condition or environmental exposure. For many families, coping with death and executing the deceased’s will can sometimes bring disagreement and contention. At Goldberg Sager & Associates, we have helped many New York families through the process of creating a will and establishing an estate plan.

What is a living will?

As a resident of New York, you have the opportunity to create legal documents that could affect the terms of your medical care should you be rendered unable to consciously provide direction. One option you have is a living will. It is not the same as a will you would create to leave an inheritance to heirs. A living will, according to the New York State Bar Association, is a legal document that states your wishes as to what medical steps should be taken if you are to become unable to make decisions yourself.

What is a guardianship?

When it comes to planning what will happen after you pass away, it is also important to consider who will help you if you become unable to make important decisions while you are still alive. Your estate plan in New York can also include guidance on establishing a guardianship, or conservatorship, to handle your affairs if you become incapacitated.

Valid grounds for contesting a will

If you seek to contest a will in New York, know that there are specific legal grounds you must use to do so. You cannot, for example, dispute the validity of a will simply because you disagree with how it allocates assets, or because something contained in it surprises you. At Goldberg Sager & Associates, we help many clients navigate complex estate planning issues, and we are well-versed in the four legal grounds under which you made contest a will.

What is a power of attorney?

If you are unable to make decisions for yourself, a power of attorney can be used in New York to appoint an agent to do make them for you. According to the National Caregivers Library, this legal document can be used to grant power to another person over all your decisions or just particular areas. For example, you could grant a power of attorney to someone who can only handle your medical decisions or you could grant it to someone to handle all of your affairs.

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To speak with a knowledgeable lawyer, contact Goldberg Sager & Associates today for a free initial consultation. We serve people in all five boroughs and throughout the New York metropolitan area, including Westchester, Nassau and Suffolk counties.

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