|April 15, 2020||Queens, New York, Suffolk County & Nassau County Attorney practicing Virtual Meetings||no comments|
|April 13, 2020||EVOLVING ESTATE PLAN or also known as EEP||no comments|
|April 09, 2020||LET US THANK YOU FOR SERVING OUR COMMUNITY : INITIAL CONSULTATIONS ARE FREE||no comments|
|March 31, 2020||Estate planning, estate administration, probate estates and trust issues||no comments|
|March 30, 2020||Lost a Loved one due to Caronavirus? Free Consultation||no comments|
|March 17, 2020||Law Office of Bonnie Lawston,P.C. Video Conference & Telephone Consultations||no comments|
|March 04, 2020||WHAT DO I DO WHEN A LOVED ONE DIES?||no comments|
|February 15, 2019||Matter of Van Patten—Undue Influence||no comments|
|February 23, 2018||Can Your Family Have Access to Your E-Mail after Your Death?||no comments|
|February 16, 2018||Surrogate Court Gives Lifetime Promise Priority Over Will||no comments|
We love serving the community of Queens and have been practicing for over 27 years in your neighborhood.
You might be wondering how it’s possible to work with a Probate Attorney at this time when we are all quarantined in our homes and our tensions run high. Our office is equipped with video conferencing and telephone conferencing so there is no need to leave your home. We can discuss the issues facing the Estate dealing with your loved one’s legal affairs now and quickly.
During these times of Covid 19 and social distance, we are all planning and carefully working for our clients. For over 27 years we have been representing clients all over the country and some out of the country by the use of advanced technology. There is no need to leave your home to hire an estate probate attorney. We can discuss the issues facing the Estate dealing with your loved one’s legal affairs now and quickly.
It is very difficult to get through this process, prepare and file all the necessary documents required and know how to proceed with an estate without making a mistake unless you have the assistance of an attorney. We will handle the entire estate matter for you while reporting and discussing ever aspect with you. We will provide guidance, information and assistance every step of the way in helping you make the final decisions. We work for you.
We can obtain Letters of Administration or Testamentary, help settle all matters of the Estate include marshaling the assets, preparing the real estate for sale, conducting the sale, secure all inheritance rights, file all final personal and estate tax returns, maximize your inheritance, contest a Will and remove a bad fiduciary if necessary. We work with other professionals that will clean and prepare the real estate so that you receive the most money possible.
Vacant house - no problem. Cash poor - no problem. Live out of state - no problem.
We will defer all legal fees in most estate matters until the end or collection of assets so there is no money up front. You do not have to worry about monthly bills or the payment of legal fees.
Best of all, we will prepare all the documents for you and send them to you to sign. You do not need to leave your home to administer an estate including selling real estate.
Save time and save money!!!!!! We love serving the community of Queens and have been practicing for over 27 years in your neighborhood.
Consultations and evaluations are free. You are not limited to one call but we will evaluate your case until you are satisfied so that you can make an informed decision to move forward quickly as delay can be costly. Making the wrong decision or mistake can be very costly and can even cost one their commissions so everyone should retain legal counsel.
Law Office of Bonnie Lawston, PC
What is an Evolving Estate Plan or EEP?
What is important to you now, may not be in 15 years. For example, if you have young children or children in college, your estate plan will reflect how you take care of your children now but as they grow and have children of their own, your estate plan of course may include grandchildren and perhaps changes in insurance plans are appropriate based on your retirement and new life. Thus, our lives are always changing and your estate plan should too so for that reason, we offer one time fee plans to assist you and give you the freedom to know if you need to change a document, you can at no additional cost. Our plans are unique and only offered to our customers. Very few law firms, if any, offer these new evolving estate plans, as office does since we have been serving our community for over 25 years.
How can I protect my family now while confined from home? What should I be doing to get my legal affairs in order in the event of a tragic event?
During these times of Covid 19, we are all forced to face our fears of becoming sick and possibly dying. We are all confined to being home and having more time to think about what is important and what should we do to protect our families not only from the virus but a tragic event that can occur so quickly leaving us no time to do what we need to do.
First, make a list of all you assets with information such as accounts and financial institution contact information to make it easier on your family. That list should include all investments and insurance policies - something that cannot be easily attained unless your loved one’s know where to look or who to contact.
Besides your Last Will and Testament, some very important documents are your health care proxy and power of attorney. These documents are needed while you are alive and if you are sick!
What is a health care proxy?
A health care proxy document allows you to appoint the person who will make your health care decisions when you are unable to. Even if you are married, you need this document. If something should happen to you and your spouse at the same time, who will make the decisions? This document will allow you to state that you chose as your agent who and in what order so you can chose your spouse, and then appoint a second choice and third choice.Many times families travel together so its important to also chose someone who is outside that immediate group also.
What is a power of attorney?
The power of attorney is a legal document that allows you to chose who will stand in “your shoes,” when you are unable to actively participate. This document may be more important then your Will in some cases because it allows your loved ones to take care of your financial and legal affairs when you are unable to due to times when you are unable to because of physical or mental ailments. With a POA,your spouse can obtain information from third parties that s/he would not be legally able to such as information from health insurance companies or banking financial institutions.
Have you ever tried to call the health insurance company to get pre-certified or information about your spouse’s insurance or take money out of your spouse’s account to pay their bills ?
The insurance company can only give you a limited amount of information unless you have authorization to speak with them. The power of attorney will allow you to do that and many other things such as pay bills, transfer assets, take money out of an account. You can only execute these documents while you are of sound mind.This document and others, will ease your anxieties knowing that your affairs are in order and your family is protected.
Next, Why is it important to speak with an estate planning administration and probate attorney?
It does not hurt to prepare and have your affairs in order now. This will at least be done and the best part is it is a one time fee.Why is that important? It is important because after this health crisis passes and time passes, our children grow, the estate plan that you have created now may not be appropriate in 7-10 years. After a life changing event or a substantial amount of time passes, you should always revise your plan to make sure it will affect what you want at the present time on your life.Our office will make the appropriate changes for you and execute the new documents to reflect your evolving estate plan at no additional charges.
Everyone should have an estate plan and the documents in place even if there is no immediate threat or crisis and the time to prepare is now. Our staff and attorney are all available to speak with you, answer your questions, provide you with information and guidance to get this done now. Best of all there is no need to leave the safety of your home as we are doing this all remotely such as by phone, by mail, by fax and by video conferencing.
Law Office of Bonnie Lawston, PC
1841 New York Avenue
Huntington Station, NY 11746
LET US THANK YOU FOR SERVING OUR COMMUNITY
If you are a health care provider, a first responder or essential worker, and you feel you want to finally get your Estate planning documents completed such as power of attorney, health care proxy, living will or Will and executed quickly we can assist you remotely. We are working 7 days a week to assist and make you feel comfortable that your family is taken care of. There is no charge for this service – just show your work identification. Call us at 631-425-7299 or email us. https://liestateattorney.com/
Read more: Queens Ledger - Bonnie Lawston ,longisland estate Attorney
These times are new to all of us. Our clients and your needs are important to us and we are here to assist you with your estate planning, estate administration, probate estates and trust issues. If you have lost a loved one, you can still have a consultation with our attorney and move forward on handling your loved one’s legal affairs. We have been representing clients all over the country remotely. There is no need to leave the safety of your home if you are an executor, an heir or just need legal assistance to protect the Estate and your inheritance. Furthermore, to help our community and serve our clients even more, we have relaxed the requirements of legal fees and retainers where most estates are not required to pay any money for legal fees up front. All such legal fees are deferred and paid either by the Estate or at the time of distribution so that you do not have worry about any financial responsibility. All you have to do is pick up the phone and contact our office.
LAW OFFICE OF BONNIE LAWSTON, P.C.
1841 New York Avenue, Huntington Station, New York 11746
PO BOX 317, RIDGE, NEW YORK, 11961 (all mail and correspondence)
Offices in Huntington Station & Ridge
Office: (631) 425-7299 Fax: 1-866-431-0101Visit our Long Island Estate Probate website
Take a breathe first. After you have gathered your thoughts, make an appointment and consult with an Probate Estate Administration attorney. Many offer a free consultation and can provide valuable information. The steps that you take initially are very important and if given the proper guidance can save you time and money. Many of people I speak with make most of their mistakes with estate administration in the beginning and prior to seeing an estate probate attorney. I always tell my clients, please call me, any time, if you are about to make a decision that affects the estate, your fiduciary responsibilities or even the estate assets. I can provide you the right legal advice to avoid the common mistakes that can be costly before they happen and avoid same.
My legal practice focuses on probate, estate administration and trust administration. any of my clients reside outside of New York, in Florida, California and other parts of the country but are serving as a fiduciary or an heir to a New York Estate matter. If you are an executor, administrator or trustee for someone who died in another state but the decedent owned real property in New York, we can assist you with that ancillary proceeding. There is no need to be stressed out over the estate administration process. We provide the legal assistance that is needed at a low cost. If you have no money to retain an attorney, we offer many types of retainers where the legal fees are deferred.
WHAT ARE YOUR INHERITANCE RIGHTS?
A FAMILY MEMBER PASSED AWAY AND YOU WERE IN THE WILL, WHAT DO YOU DO NOW?
If you believe your family member’s will is not being properly executed, a lawyer can review and advise you of your rights. Whether you live locally or out-of-state, a probate attorney can answer your questions. You can relax on your sofa or spend time with family, and we will take care legal matters, preparing documents for probate court and working to protect your interests.
Located on Long Island, The Law Office of Bonnie Lawston. PC has assisted countless clients from all over the country with the challenges of probate and estate administration with New York Estates. In cases where your loved one lived elsewhere but had real estate in New York, we can assist you with the administration of the New York assets.
HOW DO YOU KNOW THE EXECUTOR WILL PAY YOU WHAT WAS STATED IN THE WILL?
Beneficiaries receive what remains after the estate has been inventoried, creditors have been paid and tax returns have been filed with payment of applicable taxes. A lawyer reviews the estate legal documents, closing documents, bank records, demand and review a judicial accounting and other discover documents to ensure you receive your inheritance and that the executor provides a proper accounting and complies with the applicable laws as it relates to the administration of the Estate.
In instances where you do not receive the proper distribution, your attorney can fight for your inheritance and seek to hold the fiduciary of the estate accountable for his or her actions. In many instances, communication from a lawyer resolves the issue, and if not, taking legal action may be necessary to protect your interests.
Remember that the attorney for the estate’s representative does not represent you but represents the fiduciary of the Estate. Thus, if the fiduciary has done something improper or not done something, the estate’s attorney is not going to tell you. You need your own attorney to protect your interests as opposed to the Estate.
DO YOU KNOW WHAT YOUR INHERITANCE RIGHTS ARE AFTER THE DEATH OF YOUR SPOUSE?
IF YOUR SPOUSE DIED AND LEFT YOU OUT OF THE WILL, WOULD YOU KNOW WHAT TO DO?
Under New York law, whether your spouse included you in the will or not, you are entitled to either $50,000 plus one half of the value of the estate or $50,000 plus one third depending on whether you have children. The exception would be if you waived your rights in a prenuptial agreement or other document.
If your spouse eliminates you from the Will, you must file a claim within the statutory amount of time to preserve your rights. Our probate and estate attorney can assist you with protecting your inheritance rights.
WHAT ADVANTAGES DOES A PROBATE LAWYER OFFER?
Delving into the law and understanding the statutes that apply to probate are daunting for most people. It takes years of study and experience to acquire the legal knowledge a lawyer has attained. Lawyers can help you take advantage of tax laws to maximize the inheritance. In addition, various retainers are available and some allow legal fee payment through the estate, rather than direct payment.
Many times, an estate has a lot of real property and very little cash, or the family can not access the cash making it difficult to retain an attorney. The Law Office of Bonnie Lawston, PC understands this very well and will offer retainers that require no money up front for legal fees. Most clients qualify for this retainer. Free consultations are offered and can help evaluate your case immediately making for a quicker resolution saving you time and money.
Furthermore, when a loved one dies, loss, grief and other emotions often make dealing with legal matters difficult. It can be helpful to have guidance from an objective professional outside of the family.
Probate Administration | Wrongful Actions
There are certain basic legal requirements when a person transfers property, conveys a power of attorney or establishes a plan for the distribution of an estate. Among the most important are:
In the Matter of Wechsler, a 2015 opinion from the New York County Surrogate’s Court, specifically addresses both of these issues.
Lewis Wechsler died in February, 2006, survived by his wife of 30 years and two adult children from a previous marriage. In the probate proceedings to settle his estate, a will executed in November 2004 was offered to the court. That will placed all his property into trust for the lifetime benefit of his wife, with his children designated as beneficiaries upon her death. The deceased had executed five prior wills, the first in 1992, with the same provisions.
During the probate proceedings, however, it was discovered that most of the property that would have passed through the will had been transferred to the decedent’s wife through a serious of transactions, starting in June, 2005. This included the execution of a power of attorney in favor of the wife, as well as the transfer of individually owned property to jointly held property. The executor asked the Surrogate Court to compel the wife to turn over property, alleging that the decedent lacked capacity to make property transfers or execute a power of attorney, and that the wife had exerted undue influence to bring about the property transfers. The wife asked the court to dismiss the executor’s motion, arguing that there was insufficient evidence of lack of capacity.
As a general rule, legal capacity refers to the ability to understand both the nature of a transaction or agreement, as well as its consequences. In Wechsler, the executor introduced evidence indicating that the decedent had been admitted to the hospital the day before he executed the first transfer of property to his wife (in June, 2005). Notes from that admission state that he “was becoming more confused recently,” and diagnosed him with a “waning mental status,” indicating that he occasionally mistook his daughter for his wife. Other documentation from that visit described him as “forgetful” and prone to lapses in short-term memory.
The wife contended that the confusion and disorientation demonstrated that day were a one-time occurrence, citing other assessments that the decedent was “alert and oriented” and able to communicate his needs.
The court ruled that the determination of whether the deceased had the necessary capacity to execute the first transfer was a factual issue that needed to be (and had not been) resolved. Accordingly, the court denied the motion to dismiss. However, because the executor had introduced no evidence suggesting that the decedent experienced the same capacity issues when the other property was transferred, the court ruled that all transfers except the first one were valid. (NOTE: The executor had introduced expert testimony from a medical professional alleging incapacity at the time of the other transactions. The court rejected that testimony, citing the fact that the expert had never personally examined the decedent or discussed his condition with attending nurses or physicians).
As stated by the court in Wechsler, undue influence requires a showing of influence that amounted to “moral coercion.” That influence must have “restrained independent action” and must have led the decedent to do something which was “against his free will and desire.”
The court concluded that there were genuine issues regarding whether or not the wife exerted undue influence. The medical record indicated that he was in extremely poor health and suffering from depression at the time of the transactions. Evidence also showed that the wife was integrally involved in all the transactions. She drafted some of the letters requesting property transfers and also brought documents to the decedent, so that he could sign them from his hospital bed. In addition, the court was troubled by the fact that the decedent had used the same attorney to handle all prior estate planning (the executor), but that attorney had not been consulted before these transactions.
Because the court perceived that there were still factual issues to be resolved regarding the question of undue influence, the court denied the wife’s motion to dismiss the action.
At the Law Office of Bonnie Lawston, P.C. , we focus our estate administration practice on estates subject to probate in Nassau County and Suffolk County on Long Island. Contact our office online or call us at 631-425-7299 to set up a free initial consultation.
In today's electronic world, the idea of property has changed dramatically. In the past, when you were putting together an estate plan, the only intangible property that might be a part of it was certain types of securities. Now, however, you can have e-mail accounts, online subscriptions, social media passwords and other digital assets. Recognizing the importance of digital property, the New York legislature recently enacted laws setting forth the rights of potential heirs to such property.
In Matter of Serrano, 2017 NY Slip Op 27200, (Sur. Ct., New York County, June 14, 2017), the court addressed the issue of whether the fiduciary of an estate had a statutory right to access to online passwords and other digital data, so as to "inform friends of [the decedent's] passing…and close any unfinished business." The judge allowed disclosure of contacts and calendar information from the deceased's Google account, but denied access to the content of the e-mails in the Google account, reasoning that the contacts were necessary for the administration of the estate. Under the recent New York law, the custodian of electronic records (here Google), can be required to disclose to the personal representative of an estate a "catalogue of electronic communications sent or received by a deceased user." The statute defines "catalogue of electronic communications" to include only the identity of any person with who the deceased had an electronic communication, the time and date of that communication, and the e-mail address of that person.
In a more recent Surrogate Court opinion, a fiduciary's request for access to the contents of a decedent's Google account was denied. In Matter of White, 2017 NYLJ, October 3, 2017, at p. 25, the court expressed concern that allowing "unfettered access" to digital property had the potential to involve the unnecessary disclosure of sensitive or confidential information, unrelated to the administration of the estate. The court concluded that, when evaluating a request for access to digital data, there must be a balancing of interests—the interest of the fiduciary to properly administer the estate, and the interest of the deceased in his or her privacy. Accordingly, the court followed the precedent in Serrano, allowing disclosure of contact information only.
The estate administration process can be complex and confusing. It's important to have a strong and knowledgeable lawyer to guide you through the process. Attorney Bonnie Lawston offers more than 20 years of experience to clients in Nassau County and Suffolk County.
Contact the Law Office of Bonnie Lawston for all your Probate and Estate Administration matters.
To set up a free initial consultation, contact us by e-mail or call us at 631-425-7299 or 24/7 at 855-479-4700) for an appointment.
Perhaps the most common way to transfer property upon death in the State of New York is through a valid will or trust. What happens, though, if you’ve entered into a binding contract to transfer certain property to a specific beneficiary under you will, but the terms of the document convey it to someone else? Which document takes priority?
The Surrogate Court for Nassau County looked at this specific legal issue in Schwartz v. Bourque, 2017 NY Slip Op 31621 (U)(Sur. Ct., Nassau County, June 14, 2017), concluding that a person who enters into a valid contract to transfer property upon death may not subsequently agree to transfer the property to another person, either while still alive or in a will.
In the Schwartz case, the dispute centered on title to the real property where the decedent and two subsequent generations resided. Initially, the deceased (Mother) was the sole owner of the property, but executed an agreement in 1978 that allowed her daughter (Daughter) to live on the property for as long as she desired, provided she paid the “carrying charges” on the residence. The agreement also promised to convey full legal title to the Daughter in the Mother’s will.
The 1978 agreement was amended six years later, with the preparation and execution of a new agreement and a deed, immediately conveying a one-half interest in the property to the Daughter. In 2012, however, the Mother executed a new deed, attempting to transfer the remaining one-half interest in the property to her granddaughter (Granddaughter). The Daughter objected to the conveyance, arguing that it violated the 1978 agreement. The Granddaughter claimed that the 1984 agreement superseded the 1978 agreement and, because it contained no clause regarding the transfer of the property by will, that clause was no longer valid.
After reviewing the facts, the court ruled that a subsequent contract will only replace and render a prior contract void under one of two circumstances:
Because the Granddaughter could not show that the 1984 agreement superseded the 1978 agreement and revoked the promise to convey the property to the Daughter in the Mother’s will, the Granddaughter was not legally entitled to any interest in the property. Accordingly, the 2012 deed was not valid.
It’s obvious from the facts of this case that an estate matter can become extremely complicated. It’s critical that you have an experienced, knowledgeable and capable lawyer to protect your interests. Probate and Estate Administration Attorney Bonnie Lawston brings more than two decades of hands-on experience in estate litigation to clients across Nassau County and Suffolk County on Long Island, New York.
Contact the Law Office of Bonnie Lawston for all your Probate and Estate Administration matters.
At the Law Office of Bonnie Lawston, we offer experienced estate litigation counsel to individuals across Suffolk County and Nassau County. Contact our office online or call us at 631-425-7299 or 24/7 at 855-479-4700, to set up a free initial consultation.