1) If there is a will contest, you will not have a lawyer to testify: as to your competence; that no one was exerting undue influence upon you when the will was drafted; that the will was properly executed; that your will and/or trust was indeed signed by you.
2) You do not have an attorney to fully explore your estate planning needs and help you to determine which options are best for you.
3) You do not have an attorney to explain what the terms of your will or trust mean and how they accomplish your wealth transfer or wealth preservation goals.
4) Many firms that provide “online legal services” are not comprised of lawyers admitted to practice law in the State of New York.
5) The legal services offered on line may not be all the legal services that you need to accomplish your wealth transfer or wealth preservation goals. The online legal service may not indicate what other legal service or documents you need. Lack of information can be costly to you later on. If you happen to know what additional services that you need, the attorney you retain to provide the services that are not offered online will need to review and perhaps revise what you purchased online making the initial savings illusive.
6) Online legal services may not keep track of changes in law applicable to estate planning, elder law, long term care, Medicaid or tax issues that make revising wills, trusts and other plans advisable in the future.
At the Law Office of Robert L. Boydstun, we provide personal, caring attention that address all of these issues. We help our clients carefully craft family protection plans to meet their specific needs. We regularly review the completed plans to see if an update is needed. We want you to be our client for life.
2) You do not have an attorney to fully explore your estate planning needs and help you to determine which options are best for you.
3) You do not have an attorney to explain what the terms of your will or trust mean and how they accomplish your wealth transfer or wealth preservation goals.
4) Many firms that provide “online legal services” are not comprised of lawyers admitted to practice law in the State of New York.
5) The legal services offered on line may not be all the legal services that you need to accomplish your wealth transfer or wealth preservation goals. The online legal service may not indicate what other legal service or documents you need. Lack of information can be costly to you later on. If you happen to know what additional services that you need, the attorney you retain to provide the services that are not offered online will need to review and perhaps revise what you purchased online making the initial savings illusive.
6) Online legal services may not keep track of changes in law applicable to estate planning, elder law, long term care, Medicaid or tax issues that make revising wills, trusts and other plans advisable in the future.
At the Law Office of Robert L. Boydstun, we provide personal, caring attention that address all of these issues. We help our clients carefully craft family protection plans to meet their specific needs. We regularly review the completed plans to see if an update is needed. We want you to be our client for life.
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Estate Litigation – Will Contests 06/12/2011
In a 2009 study, Metropolitan Life Insurance Company reported on the growing incidence of Elder Financial Abuse [ http://www.metlife.com/assets/cao/mmi/publications/studies/mmi-study-broken-trust-elders-family-finances.pdf ]. The report found that the majority of Elder Financial Abuse is committed by those that the elderly rely on and should be able to trust. The breakdown of the top four perpetrator groups was as follows: care givers – 20.9%, trusted professionals – 18, family – 16.9% and nursing home and assisted living facilities 7.3%.
Frequently when children or other family members review the will or trust documents of their deceased parent or loved one they discover that the bequests and gifts are not as they had expected based upon prior wills and trusts of the decedent or what the decedent had told them would be done. At that point counsel can commence discovery proceedings to determine the circumstances under which the will was executed, whether the decedent had the capacity to make a will, whether undue influence was used upon the decedent to cause the will to benefit those who received bequests under the will.
Financial abuse of an estate may also include an executor or administrator who has appropriated estate funds or other assets to his or her personal benefit. The accounting by the executor or administrator that is required to be filed with the Surrogates Court can be challenged if an interested party believes that it is incorrect.
Many trust and estate lawyers and many elder lawyers are not litigators. If you think that a will, trust or accounting should be challenged, be sure to retain a lawyer who has litigation experience and knows how to effectively build and prove a case.
Frequently when children or other family members review the will or trust documents of their deceased parent or loved one they discover that the bequests and gifts are not as they had expected based upon prior wills and trusts of the decedent or what the decedent had told them would be done. At that point counsel can commence discovery proceedings to determine the circumstances under which the will was executed, whether the decedent had the capacity to make a will, whether undue influence was used upon the decedent to cause the will to benefit those who received bequests under the will.
Financial abuse of an estate may also include an executor or administrator who has appropriated estate funds or other assets to his or her personal benefit. The accounting by the executor or administrator that is required to be filed with the Surrogates Court can be challenged if an interested party believes that it is incorrect.
Many trust and estate lawyers and many elder lawyers are not litigators. If you think that a will, trust or accounting should be challenged, be sure to retain a lawyer who has litigation experience and knows how to effectively build and prove a case.
Welcome to the BoydstunLaw Blog! 05/09/2011
In our blog we will share our thoughts and knowledge on issues related to Estate Planning, Elder Law, Probate and Estate Administration. We will provide updates when applicable law changes in these fields, whether by new legislation or recent trial court or appellate court decisions. We will also provide updates on recent developments and trends occurring in our areas of practice. We will explore the types of documents that every family needs in order to put in place plans that will protect family assets and that will allow you to make life choices rather than having the government dictate its standard. You will find out that the planning and documents that we provide are needed by all adults, no matter what their age.
We ask that you remember that when we discuss cases, legislation and planning that each person or family has different circumstances and needs and the specific item highlighted may need to be adjusted or another solution found for your specific needs. That is why it is important to speak with an attorney who can discuss the details of your situation so that the proper and best solution is found for you.
Please check back soon for our first legal blog post.
We ask that you remember that when we discuss cases, legislation and planning that each person or family has different circumstances and needs and the specific item highlighted may need to be adjusted or another solution found for your specific needs. That is why it is important to speak with an attorney who can discuss the details of your situation so that the proper and best solution is found for you.
Please check back soon for our first legal blog post.
