You have probably heard about families that fall apart after a strong mother or father figure passes away. At Hall, Ricketts, Schuller & Gurbacki, P.C., we know that there are many unavoidable emotional issues involved in most estate matters. While there is no escaping the fact that your children might struggle with each other while trying to fill a void left by your passing, there could be a way to reduce the risk of disagreement.
When people are getting divorced from their significant other in New York, their thoughts are often immediately consumed with decisions regarding their assets, child custody and alimony requirements. However, many people overlook the importance of reevaluating their estate plan to verify that it is still relevant despite the changes in their marital status and family relationship.
A last will and testament can do a lot to make the inheritance process easier, but it is not a guarantee since some wills are still contested in a New York court. Sometimes beneficiaries feel that have been slighted in the will, either because they did not receive what they thought they deserved or they were excluded from the will completely. If you feel you should discuss the matter of a will with a parent, there are certain things to keep in mind.
What you include in your will is really based on your personal situation. For example, if you are married, then the assumption is that everything you own jointly will go to your spouse. Also, the custody of your children will go to your spouse. However, if you are single, then things could be more complex. US News and World Report explains that there are certain basic considerations to make regardless of the size of your estate or your specific personal situation when writing a will.
We use personal computers for drafting documents so commonly that it may not occur to us to handwrite a legal document, such as will. Yet every now and then, we may wonder if state law will recognize a handwritten will, since at one time people did not have access to computers or even typewriters. The fact is that in the modern era, New York law does recognize handwritten wills, but to a limited degree.
While you may understand what a last will and testament is, there is another type of will that you may not know about. This is the living will, which is defined by the New York Attorney General as a legal document in which you leave your directions for how to care for you and manage your health care if you become unable to do so yourself. A living will may become important at any stage of your adult life if you are injured or become sick.