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Probate Litigation Archives

Discussing your inheritance void, of unnecessary contention

While you may not wish to think about your death, your efforts to begin planning your estate before it is too late can save your family a lot of unnecessary strife and confusion after your death. One of the best things you can do is to involve your family in discussions about who will acquire your inheritance. At Goldberg Sager & Associates, we are familiar with the complications that many people in New York face when planning their estate. 

What can cause delays with settling an estate?

Some people in New York are under the impression that having estate plans can help them to speed up the probate process. While it is possible for some estates to be probated without the court’s intervention, it is necessary for probate court to review and approve of certain types of plans and preside over all disputes. Also, people who do not have plans in effect at the time of their deaths must have their assets pass through probate court. 

Things to consider about estate planning

One mistake that many people in the Brooklyn area make is assuming they will live forever. As comforting as this thought may seem, it could lead to them experiencing financial challenges as they near the end of their lives. Thinking of death is not pleasant, especially when it is one's own. But the more time a person takes to consider the different ways their lives may change as they age, the better they can plan their lives and finances to prevent hardship and conflict. 

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.

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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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