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Category Archives: Estate Planning

EstPlan12

5 Things a Trust Can Do that a Simple Will Cannot

By Meyer & Spencer, P.C. |

So, you’ve finally decided it is time to update your estate plan (or create one for the first time). Maybe you’ve looked online or read up on how to get your Will done quickly, and you are starting to wonder if a Will can actually accomplish all the things you want it to. If… Read More »

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EstatePlan6

Three People You Should Not Name as Your Agent Under a Power of Attorney

By Meyer & Spencer, P.C. |

If you are approaching your golden years and thinking about establishing an estate plan, you’ve probably at least given some thought to having a durable power of attorney. If you have done your homework then you know a power of attorney is a legal instrument designed to give someone else the power to make… Read More »

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ElderLaw4

Possible Disputes in a Guardianship

By Meyer & Spencer, P.C. |

Guardianship and Disputes A guardianship is a legal relationship created by court of law between an assigned guardian and a person who becomes a “ward.”  It is a powerful resource and can be quite effective in the area of elder care and asset planning.  The guardianship usually covers an incapacitated adult or sometimes a… Read More »

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Will7

The Legal Mechanics of Lost Wills in New York Surrogate Courts

By Meyer & Spencer, P.C. |

A lost will is a will that is known to have once existed and cannot now be located; and at the same time, it is not known to have been revoked.  In short, the will is lost and cannot be found by any of the heirs of the decedent.  As a result, the will… Read More »

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NursingHome3

Planning For Nursing Home Care

By Meyer & Spencer, P.C. |

Placing an elderly loved one in nursing home care requires a lot of planning.  It also involves legal questions surrounding the person’s medical care, finances and his or her estate.  Before placing your relative into nursing home care, you must ensure that they have their affairs in order to facilitate a smooth transition.  Emergencies… Read More »

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Will6

How to Disinherit a Loved One

By Meyer & Spencer, P.C. |

Estate planning is an interesting area of the law.  Estate planning is a very personal need for the individuals who engage in the process.  However, the legal system has reduced this really personal process to a technical exercise.  This is also true for will writing and it is evident in situations where testators want… Read More »

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Probate3

Probate Process in New York’s Surrogate Courts

By Meyer & Spencer, P.C. |

The probate process takes place in a court of law with limited jurisdiction to hear matters surrounding a person’s death and the settling of his or her affairs. In New York State, the probate process is overseen in what is called the Surrogate Court. The Surrogate Court oversees the distribution of the deceased’s assets… Read More »

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EstatePlanning2

Trusts for Low Income, Disabled and Special Needs Individuals

By Meyer & Spencer, P.C. |

One of the trickiest aspects of leaving property and assets to friends and family members on your death is considering the implications that flow from leaving the gift.  Unfortunately, these implications are often overlooked by the person making the gift (especially those not assisted by attorneys) before their death.  Tax implications are one of… Read More »

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Will5

Dos and Don’ts of Will Writing

By Meyer & Spencer, P.C. |

The first step in the will writing process is submitting to the fact that it is best to write a will at all. This is especially the case for individuals who have a large amount of assets. For most people, it is better to have their property pass by a will than to have… Read More »

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Guardianship

Guardianships: An Overview

By Meyer & Spencer, P.C. |

Caring for an elderly parent, grandparent or friend who has lost their mental capacity can be a difficult undertaking.  This is especially the case when the elderly individual cannot be trusted to make sound financial and personal care decisions.  The implementation of a guardianship is one of the best courses of action to help… Read More »

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