Author Archives: Jay Butchko
Minors And Inheritance Of Property In New York
For some, estate planning is all about ensuring that their children are well taken care of when the parents pass away. When putting an estate plan together, parents may expect that the children will be adults before they can inherit. However, if the parents have young children, it is advisable to plan for the… Read More »
Life Estate As An Estate Planning Tool
Planning for the distribution of assets after death is often about making plans to take care of other people. This may mean balancing the needs of various beneficiaries and making plans that may grant gifts to multiple beneficiaries at different times. For example, imagine a testator wants to leave his home to his long-term… Read More »
Challenging A Will Based On Testamentary Capacity
One common way in which dissatisfied family members may challenge a testator’s will is to argue that the will was written when the testator lacked testamentary capacity. If the challenge is successful, the terms of a will can be invalidated, and an earlier will may become the last will of the testator. If no… Read More »
Who Inherits If An Beneficiary Under A Will Dies Before A Testator In New York?
Updating wills and other estate planning documents is something that should be done often, especially if there are major life changes or if a beneficiary under a will passes away before the testator. If the testator does not make the required changes, the gift may lapse and the property be passed on to others… Read More »
Health Care Proxies And Living Wills In An Estate Plan
An important aspect of estate planning is the planning for health care during the latter stages of life. Some people have some idea of what will happen to them if they need medical care later in life, or rather, they assume that a family member will step up and make the right decisions for… Read More »
Establishing a Trust for Estate Planning Purposes
The use of trusts to pass on property is generally encouraged as a way to avoid the costly and time consuming probate process. If a person can put together a well thought out estate plan, he or she can pass on most if not all his property through the use of trusts. There are… Read More »
Estate Planning For Cryptocurrency
There has been an increased interest in investing in Bitcoin and other types or cryptocurrencies. Investors in cryptocurrency often have to take steps to ensure that their data is not compromised and their investment stolen in a matter of minutes. The steps the investors take to ensure their investment is safe are also the… Read More »
Can My Spouse Disinherit Me Under New York Law?
In New York, a spouse cannot entirely be disinherited by his or her spouse. Even in situations where a person makes an express provision in a will that his spouse is not to inherit his property, the surviving spouse is allowed to make an elective share of the deceased person’s estate. Note that when… Read More »
Can My Spouse Disinherit Me Under New York Law?
In New York, a spouse cannot entirely be disinherited by his or her spouse. Even in situations where a person makes an express provision in a will that his spouse is not to inherit his property, the surviving spouse is allowed to make an elective share of the deceased person’s estate. Note that when… Read More »
How Do I Make Changes To Or Revoke My Will In New York?
After taking the time to plan your estate and write a will to distribute your assets after your death, you may wish to change the terms of the will or revoke the will completely. There are several ways in which you can revoke your will in New York. Some methods of revocation are more… Read More »