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Category Archives: Wills

Gift

To Give or Not to Give

By Meyer & Spencer, P.C. |

It’s never a good idea to give an unwanted gift, even in a will or a trust. Giving someone something that they don’t want is insensitive at best, but giving something that could actually do harm is downright careless. Yet, every year, plenty of people make the unwise choice to give large gifts to… 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is a will that is known to have once existed and cannot now be located; and at the same time, it is not known to have been revoked.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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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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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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Will4

Probate Of A Foreign Will In New York

By Meyer & Spencer, P.C. |

People who live in other states or countries and move to New York later in life may want to know whether their wills will be valid in New York. Foreign wills can be accepted and probated in New York as long as the wills meet the requirements in the state. For example, if a… Read More »

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Will5

Challenging A Will Based On Testamentary Capacity

By Meyer & Spencer, P.C. |

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 »

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Last_Will

Who Inherits If An Beneficiary Under A Will Dies Before A Testator In New York?

By Meyer & Spencer, P.C. |

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 »

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EstPlan6

Health Care Proxies And Living Wills In An Estate Plan

By Meyer & Spencer, P.C. |

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 »

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EstatePlanning2

Can My Spouse Disinherit Me Under New York Law?

By Meyer & Spencer, P.C. |

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 »

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ElderLaw2

How Do I Make Changes To Or Revoke My Will In New York?

By Meyer & Spencer, P.C. |

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 »

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