Estate Planning Frequently Asked Questions
- Q. What is probate?
- Q. How do I begin the probate process?
- Q. What if the court decides that my will is not valid?
- Q. Can I avoid probate with a living trust?
- Q. Are there other benefits of a living trust?
- Q. What is a testamentary trust?
Divorce and Family Law Frequently Asked Questions
- Q. How much does it cost to file for divorce in New York?
- Q. If my spouse resides outside of New York can I still file for divorce in New York?
- Q. At what age will the court no longer make an order about the child's
custody and visitation?
- Q. Can I change a custody or visitation order?
Estate Planning Frequently Asked Questions
Q. What is probate?
Probate is the legal process by which a person's final debts are settled and legal title to property is formally passed from the decedent to his or her beneficiaries and heirs.
Q. How do I begin the probate process?
The probate process is initiated in the county of the decedent's legal residence at death. Somebody acting on behalf of the decedent must come forward with the decedent's will. Usually, this person is named in the will as the executor. If there is no will, somebody must ask the court to be appointed as administrator, to perform the same duty. This is most often the surviving spouse or an adult child.
Q. What if the court decides that my will is not valid?
This might happen if the will was not signed by you, if it is not signed by the appropriate number of witnesses, or if it is the result of someone else’s coercion. If it is declared invalid, the will is denied probate and your property passes as if you had no will to begin with. See discussion above regarding New York's intestate succession laws.
Q. Can I avoid probate with a living trust?
In some instances the answer is yes. However, you should weigh the cost of putting a living trust in place and transferring your assets into the trust. These costs can sometimes exceed the probate costs. To be effective, your assets must be properly transferred into the trust. If they are not, you might not avoid probate. Even if you have a living trust, you may still need a will to cover property you might have missed or which is later acquired and never transferred into the trust.
Q. Are there other benefits of a living trust?
A living trust provides some benefits if you are incapacitated. If you are acting as trustee of your living trust and you become incapacitated, whoever you have named as your successor trustee will assume the responsibility for managing your assets on your behalf. A court proceeding may need to be initiated with regards to assets that were not placed into the trust.
Q. What is a testamentary trust?
A trust that is established pursuant to the terms of your will is referred to as a testamentary trust. These trusts don't come into existence until your will is probated. At that point, selected assets passing through your will can "pour over" into the trust. From that point on, these trusts work very much like other trusts. The terms of the trust document control how the assets within the trust are managed and distributed to your heirs.
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Divorce and Family Law Frequently Asked Questions
Q. How much does it cost to file for divorce in New York?
The total court fees (filing fees) for an uncontested divorce will be a minimum of $335. This includes the $210.00 index # filing fee required to commence the divorce, and the $125.00 Note of Issue and RJI fee. In addition to the filing fees, legal fees will apply and will vary depending on the facts and circumstance.
Q. If my spouse resides outside of New York can I still file for divorce in New York?
Yes, if one of the New York residency test is satisfied.
Q. At what age will the court no longer make an order about the child's custody and visitation?
Eighteen
Q. Can I change a custody or visitation order?
Custody and visitation orders may be changed if the court decides that things have changed and that modifying the original order would be best for the child.
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