Monday, May 16, 2022

How To Make A Will In New York State

Can I Make A Nuncupative Or Video Will In New York

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A nuncupative will is an oral will. Some individuals wish to leave oral wills on video. While nuncupative wills are not ideal, they are allowed in New York under certain conditions.

As with holographic wills, only military service members or mariners at sea can leave a nuncupative will and the court will recognize it. In addition, nuncupative wills must also have two witnesses.

Nuncupative wills are typically considered a last resort type of will if someone is facing imminent death while serving in the military or as a merchant mariner at sea, they may leave a nuncupative will and the court can accept it as valid. But just like holographic wills, nuncupative wills can face legal complications which can cause delays in the probate process.

If time and health allow, a written, witnessed, and legally binding will is much better for avoiding legal delays when settling the estate.

What Are Your New York Estate Planning Priorities

Discuss these goals, needs, and situations with your legal, tax and financial advisors to determine which estate planning techniques meet your needs:

  • Rivalry or incompatibility among your children.
  • Estrangement from your children or other relatives.
  • Asset Protection.
  • In estate planning, as I said, everyone has their own particular needs. You need to talk to your advisors to see whats going to be best in your particular situation. Theres a number of things that you may be concerned with in planning out your estate. Whats going to happen to your estate, the continuity of ownership? Whos going to take over ownership of your real estate investments, your business? Do you have an arrangement to have a partner buy you out with a buysell agreement? Another consideration, too, is if you become disabled or die, whos going to be managing your properties for you. Asset protection, both protecting your personal assets and your business assets and real estate investment assets from lawsuits from tenants, from creditors, sometimes from spouses.

    People are concerned about income tax, capital gains taxes when you dispose of property. If you leave appreciated properties or real estate to someone in your will, you get whats called a stepped-up cost basis, which is the value of the asset upon death. The same if you were to sign a life estate deed, which well talk about, you get the stepup cost basis if you transfer property and retain like use.

    Federal Lunch Break Laws

    Federal law does not require employers to provide any lunch and/or meal breaks to employees. However, when employers choose to provide their employees with lunch and/or meal breaks that are twenty minutes or less, the Fair Labor Standards Act requires that employers pay employees for that time. Similarly, if a lunch and/or meal break lasts for thirty minutes or more, the employee does not have to be paid for the time on break.

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    How Can I Withdraw My Nys Dba

    Contact your county clerk for county-specific instructions for withdrawing your DBA for your unincorporated business.

    For incorporated businesses, you will need to file for discontinuance of your assumed name with the NY Department of State. You can find the Certificate of Discontinuance of Assumed Name form here.

    Talk To A Manhattan Estate Planning Attorney Now

    Free New York Small Estate Affidavit

    Schedule a free consultation with the experienced Manhattan estate planning lawyers at Chaves Perlowitz Luftig LLP in New York. Whether you are just starting the estate planning process or need to update your plan, our knowledgeable lawyers can help you meet your goals and ensure your plan is effective.

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    Red Snapper Bloody Mary

    Sure, youve probably met a Bloody Mary or two at brunch before. But have you met its dolled up, East Coast cousin, the Red Snapper?

    Legend has it that French bartender, Fernand Petiot, brought the concoction with him after moving from Paris to New York City to work at the famous St. Regis Hotel. Aiming to elevate the drinks notoriety, Petiot swapped vodka for gin while keeping the rest of the Bloody Marys signature spices.

    The result is a refreshing, complex drink made for gin lovers and those touring their way through the list of New York City cocktails.

    • Directions: Rub a lime wedge around the rim of a pint glass, then dip the now-damp rim into salt and pepper until the seasonings cover its lip. In a cocktail shaker, combine 4 oz. tomato juice, 2 oz. gin, 1/2 oz. lemon juice , 1 pinch of celery salt, 1/2 teaspoon of Worcestershire sauce and 1/2 teaspoon of Tabasco. Shake until combined, about 10 seconds. Pour over ice, then garnish with a lime wedge and celery stick.

    Should My Will Name An Executor

    Yes. In New York, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo’s Quicken WillMaker produces a letter to your executor that generally explains what the job requires. If you don’t name an executor, the probate court will appoint someone to take on the job of winding up your estate.

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    Do I Need A Lawyer To Make A Will In New York

    No. You can make your own will in New York, using Nolo’s Quicken WillMaker. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or if you want to disinherit your spouse, you should talk with an attorney. Nolo’s will-making products tell you when it’s wise to seek a lawyer’s advice.

    The Staten Island Ferry

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    The Staten Island Ferry is a classic New York City cocktail for people who rarely make cocktails. Featuring only two ingredients yes, two its a beverage choice thats straightforward, simple and to the point.

    Just dont be fooled into thinking this two-mixed drink isnt dynamic. Featuring creamy coconut rum with bright, juicy pineapple, Staten Island Ferry cocktails can brighten any bars offerings with beach-reminiscent vibes.

    • Directions: Combine 2 oz. Malibu rum with 2 oz. fresh pineapple juice. Stir together, then pour over 2-3 ice cubes. Garnish with a pineapple wedge.

    Pro tip: If this pineapple-coconut concoction veers too sweet, just add some herbs. Fresh basil, thyme and even tarragon work wonders to bring a new dimension to Staten Island Ferry cocktails without erasing their fruity-sweet signature.

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    Laws Of Intestacy In New York

    When someone dies without a will, their property is distributed according to the New York Estates, Powers and Trusts Law . The intestacy law found in the EPTL provides rules of distribution when there is no will. Contact a New York wills lawyer to learn about creating a will.

    This process begins by determining who is in the family. If there is a spouse and no children, the spouse receives 100 percent of the estate. If there is a spouse and children, the spouse receives $50,000 plus half of the balance of the estate. The children inherit everything else. If one of the children is deceased and they had children, those children take their deceased parents share. When there are just children and no spouse, the children share the estate equally.

    How Can I Get An Absentee Ballot Are There Important Deadlines

    • Online: Request an absentee ballot on the state Board of Elections website. The deadline to complete your application online for the primary is June 13 and for the general is Oct. 24.
    • Mail or phone: Download an application from the state Board of Elections website, fill it out online or by hand, print it and mail it to your local county Board of Elections office. You can also call your local county Board of Elections office and request an application be mailed to you. Your application must be postmarked or mailed by June 13 to vote in the primary and by Oct. 24 to vote in the general.
    • In person: Visit your county Board of Elections office and fill out an application. You can also designate another person to deliver your application to your county Board of Elections office and receive your ballot. Submit your application by June 13 to vote in the primary and Oct. 24 to vote in the general.

    Your completed absentee ballot must be postmarked by June 28 and received by your county Board of Elections office by July 5 for the primary. The last day to deliver your completed absentee ballot to your local Board of Elections office or polling place in person for the primary is June 28, Election Day. For the general election, absentee ballots must be postmarked by Nov. 8 and received by your county Board of Elections by Nov. 15. The last day to submit your absentee ballot in person to your local Board of Elections office or polling place is Nov. 8, Election Day.

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    Meal Break Protections Under New Yorks Labor Laws

    Section 162 of the New York Labor law code explicitly requires employers to give meal breaks to all employees who work at least 6 hours. The law was enacted as a workers rights measure to help protect employees from abusive employer practices. Employers used to require their workers to work straight through the day without a lunch break, but such policies are not only cruel, they are unhealthy and potentially dangerous. Malnourished workers tend to be more exhausted and are more likely to make mistakes while on the job, which could result in injuries.

    All private and public sector employers and their employees who work in New York State are covered by the law. However, where you work will determine how long of a break you receive.

    The New York meal breaks law contains different requirements for factory workers and non-factory workers.

    Handwritten And Oral Wills

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    If you handwrite a will, New York law requires you to have it witnessed the same way as typewritten wills. A handwritten will is only valid without witnesses under certain circumstances, such as when made by a member of the armed forces, or a person who accompanies the armed forces, while in actual military or naval service, and for one year after. When made by a mariner who is at sea, the handwritten will expire three years after it√Ęs written.

    A spoken will, called a nuncupative will, is similarly only accepted under the circumstances listed above.

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    Why Is It Important For Me To Know How To Execute A Will In New York

    It is important to properly execute your Will so that the Will can be admitted to probate and so that your beneficiaries can avoid a Will contest as to the question of due execution.

    We can help ensure that your Will is properly drafted and executed. Contact us to learn more.

    For more information, please contact Guardianship, probate and estate planning attorney Regina Kiperman:

    Phone: 917-261-4514

    Meg Hints At Even Bigger Plans As She Launches Trademark Bid For Tv Shows & Vids

    They rubbed shoulders with world leaders at the 193-member gathering where they discussed vaccines, climate change and mental health.

    Meghan has long had her eyes set on a political career after quitting acting and the Royal Family, it has been claimed.

    And a flat close to the action could make her dream a reality.

    US politicians first seriously floated the idea in 2020 when Meghan described the battle between Donald Trump and Joe Biden as “the most important election of our lifetime” – before she became the first member of the Royal Family to vote in a major election.

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    Overview Of New York Taxes

    New York state has a progressive income tax system with rates ranging from 4% to 8.82% depending on taxpayers income level and filing status. Living in New York City adds more of a strain on your paycheck than living in the rest of the state, as the Big Apple imposes its own local income tax on top of the state one. New York Citys income tax system is also progressive and rates range from 3.078% to 3.876%.

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      Jennifer Mansfield, CPATax

      Jennifer Mansfield, CPA, JD/LLM-Tax, is a Certified Public Accountant with more than 30 years of experience providing tax advice. SmartAssets tax expert has a degree in Accounting and Business/Management from the University of Wyoming, as well as both a Masters in Tax Laws and a Juris Doctorate from Georgetown University Law Center. Jennifer has mostly worked in public accounting firms, including Ernst & Young and Deloitte. She is passionate about helping provide people and businesses with valuable accounting and tax advice to allow them to prosper financially. Jennifer lives in Arizona and was recently named to the Greater Tucson Leadership Program.

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    Do You Need An Attorney To Create A Will

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    You are not required to hire an attorney to create a will, and you do not have to notarize a will in New York for it to be valid. However, if you want the will to be self-proving and thus make probate quicker and easier, a notary attestation is required. Probate is the court process of validating your will. Many people seek to avoid probate to reduce cost and time as well as to protect privacy. But still creating a will by yourself is dangerous.

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    Can You Change The New York Corporate Officers Directors Or Shareholders On An Amendment

    No, the Department of State does not keep track of your corporate officers, directors or shareholders.The New York Department of State considers records of officers as internal records maintained by the entity.

    A Biennial Statement Amendment form may be used to amend the address of the corporations principal executive office. The form for filing a Biennial Statement

    Amendment is provided by the Department of State. You are required to use the Biennial Statement Amendment form provided by the Department of State. The statutory fee for filing this form is $9.

    Attorney Hired Now What

    We got an appointment and Mr. Arnell said he would provide the will and our advance directives as part of a package. The process, he said, could cost as much as $3,000 if we had a lot of changes or complications, but would be much less if things were straightforward. He could make the document flexible enough to serve for some time but easy to change if need be which would increase costs.

    You can make a new one every single day, he said. Good for me, not so good for you.

    For most people, thats overkill experts say its good to revisit the will every five years to adapt it to changing circumstances, but most people shouldnt have to change it more often than that.

    We talked for a bit about the tax implications of our deaths that the federal estate tax affects only people with millions of dollars worth of assets. Wed have to have combined assets worth millions of dollars to be affected, he said. This affects less than 0.2 percent of people in the United States.

    Mr. Arnell also laid out the scenarios that cause wills to become complex and fractious, like multiple marriages, blended families with stepchildren from those various marriages, families in conflict, and more.

    Weve only been married to each other, Jeanne told him. All of our children are our children. And we all get along.

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    Which Vaccine Mandates Are Still In Effect

    In his statement Sunday, Adams made it clear that all other vaccine mandates in New York City will remain in place at this time as they are, and have been, vital to protecting New Yorkers.

    Municipal workers in the five boroughs, such as teachers, sanitation workers and cops, still need to get the COVID-19 vaccine if they want to keep their jobs, and the private sector is also still mandated to require the jab for in-person workers.

    The de Blasio-era policy, announced about three weeks before he left office, forbids unvaccinated staffers from entering workplaces without proof theyve received their shot.

    The city defines workplaces as any location including a vehicle where a person works in the presence of at least one other person.

    Fines for non-compliant businesses start at $1,000, and rise upon subsequent infractions.

    Empire State Real Estate Agents Are Among The Highest Paid In The Nation

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    Whether you want to be a real estate agent or broker, if you want to buy and sell real estate in New York, youll need a license. Youll also have to be at least 18 years old to become an agent and 20 years old to become a broker, complete specific real estate coursework, pass an exam , and undergo a criminal background check.

    Which license is right for you? The difference between a real estate agent and a real estate broker is largely based on years of experience and education. For one, an agent must work under a licensed broker, whereas brokers can work for themselves and/or hire agents to work for them. Becoming a broker in New York also requires completing additional coursework and working a minimum of two years as an agent.

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