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Naming Beneficiary of Estate

Naming the Beneficiary of Estate

Naming the beneficiary of an estate is an important part of any estate plan.  When a person dies without a last will or intestate, the statutes provided by the person's domicile or home state generally determine who inherit his or her assets. A New York City estate planning lawyer can help you draft the appropriate documents.

It is not always easy to determine the location of a person's domicile.  Domicile is the primary place where a person lives and intends to be their home.  A person can have many residences but only one domicile.  New York Estates, Powers and Trusts Law Section 103(15) provides a definition for Domicile. When helping a client to develop an estate plan, an estate lawyer will seek to determine a person's domicile.  Factors that show a person's domicile include income tax returns, a driver's license, and other documents like asset ownership records.

Problems arise when a person dies intestate and the laws of his domicile must be looked to for the rules which select the persons entitled to inherit the estate. Where the intestate estate beneficiaries cannot easily be figured out, a Kinship Hearing may be needed.  Hearings on kinship are held in the New York Surrogate's Courts.  In New York City, there is a Queens Surrogate's Court, a Brooklyn Surrogate's Court, a Manhattan Surrogate's Court and a Staten Island Surrogate's Court.  These hearings involve the presentation of evidence such as marriage records, death certificates and birth records.  It may be difficult to obtain copies of these papers especially where the records are many decades old and were on file in other states or countries throughout the world.

When a person creates a last will or trust, he or she has the opportunity to designate the persons who will be the beneficiaries and contingent beneficiaries of assets.  Thus, designating beneficiary of estate allows a person to fulfill their wishes and desires regarding the disposition of their assets and estate. A New York City lawyer may provide helpful advice during this process.

Sometimes if domicile or kinship issues appear to complicate planning and the potential probate process, a person may want to consider establishing a Living Trust.  These trusts are created during a person's lifetime.  All of a person's assets are then transferred into the trust.  The grantor or creator of the trust can retain complete control over the assets during life and can even revoke the trust or transfer assets into or out of the trust without any restriction.  Upon the person's death, the trust assets are distributed to the named beneficiaries without the need to probate the document.  Thus, issues regarding domicile and kinship can be avoided.  Also, the trust agreement can specify which state's law is to control the interpretation of the trust terms.  While the Grantor can be the primary trustee and act alone, the document can designate a successor trustee to take over if the Grantor dies or becomes disabled.   This aspect allows Living Trusts to provide lifetime property management even where a person becomes incapacitated which may avoid the need for the appointment of an Article 81 Guardianship by a Court.

I have many years of experience as an estate planning lawyer working with clients to assist them with their estate plans that effectively express their personal desires regarding the disposition and protection of assets. At the same time, I work to provide crucial potential tax advantages and security for family and beneficiaries.

To contact me regarding any questions or concerns call (212) 355-2575 or e-mail for a free appointment with a New York City attorney.

Client Reviews
I am very grateful to Mr. Jules Martin Haas attorney of law in New York. I am from Buenos Aires Argentina. He managed with expertise a very difficult situation. of a complicate heritage from my aunt Anna Grodzka that lived and died a very long time ago in New York. I recommend him not only for his extraordinary knowledge but also for his kindness. Irma CW Peusner
I found Mr. Haas after being misguided by a former attorney. Mr. Jules Haas took our case which involved an estate/trust dispute. What initially seemed like an impossible and overwhelming legal fight was now in the hands of someone who had the integrity and legal expertise to win our case. Mr Haas' attention to detail and his expert knowledge base, skillfully and successfully guided us through an intricate legal process. I am very thankful and grateful to Mr. Jules Haas for representing our interest and ultimately winning. Bringing about a peace of mind we needed. Thank You Devida Nedd
I was in need of a guardianship attorney and I hired the services of Jules M. Haas' Law firm. The service of counselor Haas and his staff, was very profesional and the case was handled in a timely matter. I would strongly recommend his services Angel Guevara
I strongly recommend Jules Haas. I have worked with him for two years and he has provided so much support and followed through with everything he promised he would do. His support staff is just as helpful! We had an interesting case and he helped to solve each part of it legally and was very thorough. Thank you for everything you have done to finalize our families estate Robyn Stafford
Jules Haas helped me with managing the process in probate court for my father's estate through to its completion upon the sale of my father's house. He was knowledgeable, efficient, and effective in submitting documentation to the probate court, explaining procedures to me, and advising me as to the progress of my case. His support staff was also very helpful. He made what for me created so much anxiety into something manageable where I could see progress every step of the way. His fees were very reasonable. I am super grateful to him for all the help he has provided and strongly recommend his services. Diana Janer
I just completed an estate transaction where Jules Haas represented my client in an estate and he did a great job! He was very quick at responding to all matters throughout the sale process, he was detailed, he was knowledgeable and he was a pleasure to work with. I just recommended him to some new clients who are going through an estate matter and will continue to recommend him. Rodolfo Lucchese