Author Archives: Jay Butchko
DO YOU OWN THE MINERAL RIGHTS ON YOUR PROPERTY IN MAHOPAC?
If you live in Mahopac, You most likely do not own the mineral rights for minerals that may be found on your property. For most homeowners, they don’t know or don’t care about mineral rights; however, in Colonial times, the Red Mills area of what is now Mahopac was well known for large deposits… Read More »
WHAT EVERY HOME BUYER NEEDS TO KNOW ABOUT H2O
As any homeowner knows and every prospective new home owner should know, water can be the source of more problems in a home than anything else. Whether it is drinking water, waste water, storm water, ground water, ice, ponds, streams, etc., water has the potential to cause many very expensive problems for a homeowner…. Read More »
New York Powers of Attorney and Statutory Gift Riders
A power of attorney is a legal document giving someone the authority to act as your “agent” for purposes of spending your money or otherwise disposing of your property. Your agent may only exercise the authority you grant in the power of attorney. This means that you can give the agent broad or limited… Read More »
How can I sign my Estate Planning documents?
New York is currently at the center of the Covid-19 pandemic. This has forced state agencies, including courts and law offices, to make certain adjustments to their normal procedures. As you probably know, Governor Andrew Cuomo has issued a series of executive orders closing certain businesses and modifying how others need to function during… Read More »
A Special Message to our Clients and Colleagues
With the evolving situation surrounding Coronavirus (COVID-19), Meyer & Spencer, PC is fully committed to the safety and health of our clients, our employees and our community, while ensuring minimal disruption to our work and client service. We hope everyone is safe during this unprecedented time. Our thoughts and prayers are with all those… Read More »
When Does an Estate Have to Pay the Deceased Person’s Debts?
A subject that often comes up in the probate of New York estates is the payment of debts. After all, your death does not automatically extinguish any creditor claims against you. Instead, your creditors may file a claim with the executor or administrator of your estate demanding payment. But there are certain time limits… Read More »
What Are My Options Now that “Stretch” IRAs Are No Longer Allowed?
You have probably read in the news about the “end of the stretch IRA.” You may not know what this refers to, or how it may affect your own retirement and estate planning. Here is a brief overview of what is going on. There is actually no such thing as a “stretch IRA.” It… Read More »
Top Five Reasons to Sign a New York Health Care Proxy
For all you New Yorkers who still do not have a Health Care Proxy, here are the Top Five Reasons you should sign a New York Health Care Proxy: 1. Choose your own agent. By signing a health care proxy, you maintain control over who can make medical decisions in case you can’t make… Read More »
Can My Spouse Still Inherit from My Estate If We Were Getting a Divorce When I Died?
In New York, the surviving spouses of a deceased person have the right to take an “elective share” of their estate. The elective share rule effectively prohibits someone from completely disinheriting the spouse via a will or trust. The scope of the elective share depends on whether the deceased spouse had an estate plan… Read More »
Does My Will Need a Simultaneous Death Clause?
Here is a question we often get asked by married couples: If we both die at the same time, say in a common car accident, what happens to our respective estates? Does it matter which spouse technically died first, even if the deaths occurred just a couple of minutes–or even a couple of days–apart?… Read More »