CLE: ‘Defensive Estate Planning: Avoiding Conflict, Abuse, and Litigation’ on December 3, 2020

November 29th, 2020

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Daniel J. Reiter, Esq. will be teaching a Continuing Legal Education course on Defensive Estate Planning: Avoiding Conflict, Abuse, and Litigation on December 3, 2020 at 3:30pmEST.

The course will be hosted by LawLine and will be streamed live via webcast.

You can sign up for the program by registering on the LawLine website.

Course Description

Navigating family dynamics and competing financial interests means that estate planning can be fraught with complications. Taking a defensive mindset can help avoid litigation, family infighting, hurt feelings, unnecessary expense, and unnecessary delay.

This program will explore strategies and techniques for defensive estate planning, and best practices for working with clients. The defensive estate planning approach means being proactive in attempting to resolve unforeseen issues relating to death and mental incapacity.

Learning Objectives

Proactively plan to avoid will contests
Prepare an estate plan where a contest is expected
Avoid the loss of original estate planning documents, and prepare in advance for the potential misplacement of a will or advance directive
Identify issues with joint account ownership and joint safety deposit boxes
Properly draft a power of attorney so that it is not used as a device for financial exploitation or elder abuse
Protect “spendthrift” beneficiaries from themselves
Counsel clients on choosing a fiduciary
Designate beneficiaries appropriately

You can sign up for the program by registering on the LawLine website.

Categories: Firm News

What is the difference between a guardian and a conservator?

Generally, none. New York used to use the terms conservator (today’s version of guardian of the property) and committee (today’s version of guardian of the person). Many states still use the term conservator, but the concept is the same.

If I petition to have a guardian appointed in a Mental Hygiene Law Article 81 proceeding, will I have to serve as guardian?

No. Even if you are the “petitioner” – the person who is asking the judge to appoint a guardian – you can ask the judge to appoint someone else. If there are no family or friends willing and able to serve, the judge can appoint a non-profit organization or “independent” professional guardian to serve.

My disabled child is about to turn 18. Am I automatically able to make decisions for them when they turn 18?

No (except for limited exceptions). In New York, parents are the natural guardians of their children until age 18. However, once a child reaches 18, even if they are developmentally or intellectually disabled, a parent cannot automatically make decisions for their adult child. Guardianship is often necessary for developmentally and intellectually disabled adults who do not have capacity to manage their own affairs without assistance.

How long does it take to get a guardian appointed and authorized to act in a Mental Hygiene Law Article 81 proceeding?

There is no set time. However, from the time counsel is retained, it usually takes about 2-4 months total for the guardian to begin acting. However, if a guardian is needed immediately, the judge can appoint a “temporary guardian” while everything gets sorted out. This speeds up the process.

When is a Kinship Proceeding Necessary?

A Kinship Proceeding in New York Surrogate's Court is necessary primarily in two circumstances:

First, a Kinship Proceeding is often necessary when it is unclear who is entitled to inherit from a deceased person's estate. In New York, a deceased person is called a "decedent".

Second, a Kinship Proceeding is sometimes required to determine who will serve as administrator of an estate when the decedent died without a will and it is unclear who has the right to serve as administrator above all others. An "administrator" is like an executor of an estate of a person who died without a will. Dying without a will is known as dying "intestate".

“Daniel Reiter is an honest attorney. He handled my brother’s estate with professionalism, diligence, and sensitivity. … I would recommend him highly!”

– Former Client

“Our experience with Daniel was great. … We highly recommend Daniel for anyone needing a strong, competent, and honest attorney.”

– Former Client

“Daniel is extremely thorough, very easy to deal with, he invests time to make sure that the issues are understood and clear.”

– Former Client

“Daniel is a true professional who takes pride in doing good work.”

– Former Client

Law Firm of Daniel J. Reiter, Esq.

30 Wall Street, 8th Floor (Suite 820)

New York, New York 10005

With an additional office in Queens

Phone: 646-820-4011

Email:

CLE: ‘Defensive Estate Planning: Avoiding Conflict, Abuse, and Litigation’ on December 3, 2020

CLE: ‘Defensive Estate Planning: Avoiding Conflict, Abuse, and Litigation’ on December 3, 2020

Course Description

Learning Objectives

Practice Areas

For More Information

Frequently Asked Questions

What Our Clients Say

CLE: ‘Defensive Estate Planning: Avoiding Conflict, Abuse, and Litigation’ on December 3, 2020

CLE: ‘Defensive Estate Planning: Avoiding Conflict, Abuse, and Litigation’ on December 3, 2020

Course Description

Learning Objectives

Practice Areas

For More Information

Frequently Asked Questions

What Our Clients Say

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