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When a person passes away in New York state with assets that are solely in her name, a legal representative needs to be appointed to manage her estate. The Surrogate’s Court of the county where that person lived prior to their death appoints these representatives and grants them authority to act.

Most see parenthood as a lifelong role, one that even survives death. A tailored estate plan can foster stability despite life’s unpredictability.

Depending on your goals, it may make sense to transfer ownership of your whole life policy to a trust. Transferring ownership of a policy to a trust can support long-term care planning, estate tax planning, creditor protection, probate avoidance, and control over when beneficiaries receive death benefit proceeds.

Families are often shocked to learn that a single missing provision in a Power of Attorney can completely change their options during a nursing home crisis.

While no two estates are the same, especially when the courts are involved, understanding the different steps of the process can give you an idea of what to expect and how significant your time investment may be.

When a party to a lawsuit dies, the court with jurisdiction over the lawsuit should pause the action until a representative is appointed for the decedent's estate.

A trust may contain the correct tax provisions, beneficiary protections, and fiduciary instructions, but the plan only works if the right assets are actually connected to the trust.

While guardianship may be appropriate in certain cases, it is a court-supervised process that can limit an individual’s ability to make decisions. As a result, alternatives are often considered where appropriate.

New York’s 529 College Savings Program accounts are investment plans that enjoy tax-deferred growth. Withdrawals are income tax-free for qualified educational purposes associated with K-12 tuition, vocational school, college, or higher education.

Having an experienced elder law attorney overseeing the Medicaid application and recertification processes can better one’s chance of achieving and maintaining Medicaid eligibility.