Klenk Law

Tag: New York

Drafting a Sharia-Compliant Islamic Will and Estate Plan in New York

Posted on Wed Nov 25, 2015, on Estate Planning

At Klenk Law, we are often asked to incorporate our clients’ religious principles into their estate plans. Recently, we have noticed a significant increase of inquiries regarding Sharia Compliant Wills, which is an excellent topic for discussion.

Source of Principles

The four sources for the principles that guide Sharia Compliant Wills are:

the Qur’an,
Ijma, and
the Qiyas.

What do I do if my son will not bury me in New York?

Posted on Fri Aug 14, 2015, on Estate Planning

From our “Ask a Question” mailbag: My husband died many years ago and is buried in Florida. I moved back to New York and plan to die a New Yorker. It is important to me that at my death I am buried here in New York. The problem is that my only son is my executor and he wants to bury me with my husband in Florida. I feel that after I die he will not respect my wishes. How do I make sure my wishes are respected?

New York gives you the power to nominate a person in your will who controls all aspects of your funeral arrangements and internment. It is important in your case to utilize that power, otherwise at your death your son as executor and as the only child will have complete control.

How do I get reimbursed for care given to my father?

Posted on Thu Jul 16, 2015, on Probate and Estate Administration

From our “Ask a Question” mailbag: During the final months of my dad’s life, I moved him into my house and provided nearly around-the-clock care for him. My sister, who lives nearby, hardly ever showed up. Now that we have filed the will, the estate is divided up equally between my sister and I. She refuses to recognize that I should be repaid for the time and expense that went into those last few months. Can I make a claim for reimbursement?

You can always make a claim as a creditor of the estate and you will get a hearing on the matter. But, if there is nothing in writing from your father about hiring you as a caretaker or about reimbursing you for the time and expense, then the court will likely find that you are not a creditor.

My sons are co-successor trustees of my Revocable Living Trust, but are not getting along. Should I change my Trust?

Posted on Thu Jul 16, 2015, on Revocable Trusts and Living Trusts

From our “Ask a Question” mailbag: I formed a Revocable Living Trust to avoid New York probate and named my two sons as the co-successor trustees. It seemed a good idea at the time, but now they are not speaking to one another. Should I change the trust?

Many New Yorkers have formed Revocable Living Trusts to avoid the expensive New York probate process. For the trust to work properly, after your death, you need a successor trustee to step in to pay your final bills, taxes and to then distribute the trust assets to your heirs.

What’s the “Angel of Death” Tax Loophole and Why Should You Care?

Posted on Thu Jan 22, 2015, on Estate Planning

President Obama’s 2015 State of the Union Address was a throwback in some aspects. Specifically, Obama’s proposal included removing a veteran staple in the estate planning attorney’s playbook, the so-called “Angel of Death” tax loophole. Let’s take a look at exactly what the “Angel of Death” tax loophole is, and why you should care about it.

Estate Planning for Newlyweds

Posted on Mon Aug 4, 2014, on Estate Planning

After months of picking out wedding cakes, perusing gowns and shopping for flowers, discussing estate planning can feel, to many people, like a doom and gloom conversation. However, having an estate plan to protect and care for your new spouse can not only strengthen your financial situation, it can also help your marriage.

As time passes, starting an estate plan will only become more complicated; children and grandchildren are born, assets change and family dynamics shift. Getting an early start on an estate plan for your new family will lay the groundwork for your future and can be tweaked as your family changes and grows.

Estate Planning for Single People

Posted on Mon Aug 4, 2014, on Estate Planning

While the single lifestyle is usually thought of as carefree when compared to married life, when it comes to estate planning a single person’s decisions and plan may prove more complicated than for a married couple. Whether you have never been married, are divorced or have outlived your partner, estate planning is vitally important to ensure that your wishes are carried out.

If a married person dies without a will, typically all the assets are held jointly so the estate passes directly to the surviving spouse. However, if singles die without a will or other estate planning documents, real estate and bank accounts are typically held only in the single person’s name. If a single person dies without a will, or “intestate”, these assets pass under the Rules of Intestacy.

Jointly Owned Property with Children in Estate Planning; Pros, Pitfalls and Alternatives

Posted on Wed Jun 4, 2014, on Estate Planning

Parents are often tempted to place property in Joint Tenancy with children. Because the child becomes a co-owner of the asset, the child is able to have easy access to the account to help the parent pay bills and manage the asset. Further, at the parent’s death the asset automatically passes outright to the child. While this type of ownership might first appear convenient, it is important to realize the potential pitfalls that come with joint ownership. Sometimes convenience comes at a high price.

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