Legal Question in Wills and Trusts in New York

When a person passes intestate (without a Will), New York's Estates Powers and Trust Law Section 4-1.1 sets forth that the Estate passes to the decedent's next closest heirs to a certain degree. If the decedent has a spouse and no children, then all assets pass to the survving spouse. "Couples" and domestic partners are not included in the statute. You should have an attorney review your respective Estates for current titling of assets, and for the best options for your Estates to pass as YOU desire, and if desired to avoid probate, as opposed to how the law sets forth.

Merely investing in a residence does not confer ownership rights, but may be a factor in the Estate.

Further, you should discuss with an attorney the benefits of Advance Directives such as a Power of Attorney, Health Care Proxy, Living Will, HIPAA Release Authorization and Burial and Funeral Designation.

I wish you the best in your planning.

Sincerely,

Steven

Steven A. Kass, Esq.

Law Office of Steven A. Kass, PC

105 Maxess Road, Suite N116

Melville, New York 11747

Tel. 631-574-4554

Fax. 631-574-4553

[email protected]

http://www.stevenkass.com

The above information is general in nature and may not apply to all situations. An Estate Planning attorney can provide guidance and create a proper plan. No attorney-client relation is intended by answers in this anonymous public forum.