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Testamentary substitutes and the right of election

New York Estates Powers and Trust Law (“EPTL”) Section 5-1.1-A provides a right of election for the surviving spouse to take a share of his or her spouse’s estate, no matter what the will provides. The current law pertaining to the right of election states that the elective share of the surviving spouse is the […]

How an Estate is Settled without a Last Will and Testament

Elder law and estate law attorneys are fairly regularly confronted with situations in which a person dies without a last will and testament. Like many people, you may wonder how an estate is settled when the deceased individual never prepared.   The probate process is governed by the law on the books in each individual […]

Budgeting Tips For Elderly Care

1. Long-term personal budgeting It’s essential that whenever one is planning long-term savings, he or she should include his or her parents in the savings. It is vital to decide how much you want to save for the needs of your parents. When making these decisions, it’s key to sit down with your parents and […]

Elder Care and Estate Planning

While it may be uncomfortable to think about the inevitable prospect of one’s own aging and death, failure to do so could have dire consequences for the families of those who have died before finalizing a will or a plan for their own care in old age. Lawyers can assist those making difficult end-of-life decisions […]