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November 2016 Archives

Wills can prevent courts from arbitrarily distributing assets

People in New York who don't have a will could be putting the future of their assets at risk. In cases in which the deceased does not have a will, a court will apply state laws to distributing an estate's assets. This could mean that half of the estate goes to a spouse and children get the rest. In some situations, this could even force the sale of a home to meet the requirements imposed by a court.

Antipsychotics are often used in nursing homes unnecessarily

When your loved one is in a nursing home, you want to be confident that he or she is receiving the best care possible, and that includes any medications given. Since it is not possible for you to be on hand all the time, you must depend on the experience and professionalism of others, but that does not mean that you should be kept out of the information loop.

Business owners and estate planning

It is important that New York closely-held businesses have strategies for contingencies that may arise upon the death of an owner. There are legal documents that can simplify the transfer of power and the continuation of day-to-day operations of the company during this time.

Preventing squabbles over your will

When New Yorkers write a will, they usually hope that its wording will be sufficient to prevent any family squabbles. After all, nobody wants his or her heirs to be at odds with each other over a will's bequests. Unfortunately, even the best planned estate can still be the cause of infighting

What are the eligibility requirements for VA Aid and Attendance?

If you are a disabled military veteran, you probably have substantial ongoing medical expenses. As a wartime veteran, you and your spouse are eligible for the tax-free Aid and Attendance benefit from the Department of Veteran Affairs if you are able to meet certain requirements.

Reasons for challenging a New York will

Roughly 99 percent of wills will go through the probate process without any problem. This is because the courts tend to stick to the language provided in them relatively strictly as they are seen as the voice of the deceased. However, there may be times when challenging a will may be worthwhile. For instance, if an individual did not have the mental capacity to create a will, it could be declared invalid.