QUESTION

What is the benefit of forming an estate in New York?

Asked on Oct 06th, 2011 on Estate Planning - New York
More details to this question:
In New York State, if a husband dies intestate, what would be the purpose of forming an Estate with only the wife as beneficiary? The Estate assets are below the Federal exclusion and no Form 706 was filed.
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1 ANSWER

Theodore W. Robinson
There probably isn't much a purpose, but instead, you should consider putting things in joint names, so they pass by operation of law upon either parties' death, without having to put it through Probate. However, it would be a good idea to at least go through the whole thing with a competent attorney just to make sure ahead oftime that it willwork later. Plus, it is a good idea to have all theancillary documents, such asa Power of Attorney, a health care proxy andthe rest of them in place beforehand.
Answered on Oct 07th, 2011 at 3:58 PM

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