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Category Archives: marital planning
December 2, 2019 – 3:19 pm
The Facts: I will be getting married soon. It is a second marriage for both me and Mary. We both have children from our prior marriage. Question: Is there something can have Mary sign to insure that my assets will pass to my children when I die? The Answer: If you are only worried about […]
The Facts: I am widowed, have two grown children and will soon be getting married to Joe. Joe also has children from his first marriage. We are both financially independent and have agreed that our separate assets will remain separate. When I die I want my children to receive the bulk of my assets. The […]
November 5, 2015 – 3:11 pm
The Facts: My husband died over five years ago. I met another man, Joe, and he has asked me to marry him. I love Joe and do not have any objections to getting married but, I have heard that remarrying may create financial problems for both me and Joe. The Questions: What issues do you […]
October 8, 2015 – 3:07 pm
The Facts: I recently divorced my spouse. I was told that once the divorce was finalized, it won’t matter that my spouse is named as the primary beneficiary of my estate in my Will since that designation will essentially be ignored. The Questions: Is it true that my estate will not pass to my ex-spouse […]
March 20, 2014 – 10:58 am
The Facts: When I got married in 2000 my wife named me as the beneficiary on her life insurance policy. We were divorced two years ago. Our divorce settlement provides that my ex-spouse is required to continue paying her life insurance premiums and is prohibited from removing me as the beneficiary. I was told that […]
April 11, 2013 – 11:51 am
I’ve met with a number of clients lately who have been separated from their spouses for many years but, who, for some reason, never obtained a divorce. All are under the impression that the long separation effectively cut off any rights their spouse may have to their estates. Unfortunately, they are mistaken. In New York […]
January 8, 2013 – 1:52 pm
The Facts: I thought that the only legal document I would need in the event of a medical emergency was a healthcare proxy. However a friend told me that a power of attorney (“POA”) can play a critical role in a medical emergency. The Question: Is this true? The Answer: Absolutely! While the person you […]
February 9, 2012 – 6:55 pm
The Facts: I am divorced and getting married for the second time. I have two children. The woman I am marrying, Sally, is a widow with two children. All of the children are grown and living independently. We are both fairly well off and each have some investments as well as IRAs. Sally and I are […]
November 4, 2010 – 7:08 pm
With low interest rates and a glut of properties on the market, an increasing number of clients are looking to purchase real property. Many of those clients are purchasing the property with friends and family members and have questions about how best to take title to the property. Since joint ownership of property can take […]
September 9, 2010 – 7:09 pm
The saying that nothing is certain except death and taxes is not accurate. The fact that taxes will increase is also a certainty, as is the fact that many people try to avoid paying taxes. Unfortunately, some attorneys take advantage of the public’s aversion to paying taxes and convince people that living trusts, also known […]
The Facts: My father had a daughter, Jane, from a prior marriage. He and Jane did not stay in touch. Since he wanted me to have his house after his death and wanted to avoid probate, my father put my name on the deed to his house after my mother’s death. The deed does not identify […]
February 18, 2010 – 7:14 pm
The Facts: My husband and I agreed to separate over 20 years ago. Since neither of us wanted to remarry, we never filed for a divorce. In my Will my estate is divided equally between my current partner and my son. The Question: I was told that my husband may have a claim against my estate when […]
January 10, 2008 – 7:07 pm
It is well-settled that executors and other fiduciaries such as attorneys-in-fact are required to handle the assets under their control in a reasonable and prudent fashion. When a fiduciary crosses the line either by failing to act, or by engaging in imprudent management of assets, he risks being relieved of his authority to act and […]
Linda Toga, the new president of the Suffolk County Women’s Bar Association, has followed a twisting path. The New Jersey native attended college in Maine before earning a master’s degree in biology – with a concentration in electron microscopy – from Boston College Graduate School of Arts and Sciences. She was involved in early neurological […]
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