Archive for the ‘Estate Planning’ Category

When a Will and Testament Becomes Contested

Monday, January 18th, 2010

A Last Will and Testament is a legal declaration by which an individual provides for the transfer of property upon death and names one or more people to manage the estate.

Death is inevitable. But a careful choice in selecting an executor is seldom a given, especially where property and money are involved. During life, families may seem to get along fine, but the death of a loved one, considerable property to be disbursed, and an executor who seems unfair or biased — can be a recipe for conflict. The living, prior to their passing, don’t always write out their wishes in clear and concise ways. If there is uncertainty in a family about what might occur upon the death of a patriarch or matriarch, for instance, the atmosphere following death can resemble an emotional war zone.

An executor can help resolve such conflicts. The best executors execute their duties professionally, with tact, with due regard for family dynamics, and with professional guidance from a knowledgeable attorney. If a will contest nevertheless does occur, at least it should then be grounded in law and fair play.

To learn more about New York Elder Law, NY Elder Law, New York Elder Care, NY Elder Care, or New York Estate Planning visit http://www.elderlawnewyork.com.