Legal Question in Wills and Trusts in New York

Last Will in New York

I am a mother of one (4) with another child on the way. Once she's born I'd like to get things in order and be prepared for an event of my death (hopefully not soon...). Question:1-what is the process of creating a will with small children as beneficiaries (trust funds?), 2-hubby and I have no relatives in NY if we both die at the same moment, without no relatives here, how would our will be executed? Would my lawyer contact our families abroad? 3-My husband, our kids and I am a US citizen but my family whom I chose for legal guardians of my children are not. Would my kids have to go live in Europe until their reach majority? How does it all work? Help!


Asked on 2/01/08, 10:20 am

2 Answers from Attorneys

Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: Last Will in New York

You are asking the right questions, but they do not lend themselves to being answered briefly in this forum. I suggest that you seek out an experienced estate planning attorney in your area for a consult.

Read more
Answered on 2/01/08, 10:27 am
Michael Markowitz Michael A. Markowitz, PC

Re: Last Will in New York

Question:1-what is the process of creating a will with small children as beneficiaries (trust funds?),

A. You should seek a lawyer to draft and execute the will.

Question 2-hubby and I have no relatives in NY if we both die at the same moment, without no relatives here, how would our will be executed?

A. A will must be probated in the State where the decedent was domiciled prior to his or her death. Normally, a New York attorney would be retained by the executor, even if out of State.

Question 3-My husband, our kids and I am a US citizen but my family whom I chose for legal guardians of my children are not. Would my kids have to go live in Europe until their reach majority?

A. A guardian is an individual that is responsible for the minor child or children of the decedent. So either your children would live in Europe or your European relatives would move to New York.

Mike.

Read more
Answered on 2/01/08, 1:03 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York