#AssetDistribution
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queensprobatelawyer · 2 days ago
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Secure Your Legacy with Expert Legal Guidance
Secure your loved one's future with an experienced probate attorney, 
Richard Cary Spivack, in Queens, New York. For over 35 years, Richard has been practising estate planning, guardianship, and probate litigations. He is both a former Assistant District Attorney and a knowledgeable advocate for probate law issues with compassion. Schedule a free consultation today to discuss how he can help you meet your wishes and further secure those you love. Call 718-544-1000 today!
For more Visit on: https://ablocal.com/us/forest-hills-ny/LX11672992-richard-cary-spivack/
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jaysonmartin2248 · 2 months ago
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How to Distribute Assets: Key Strategies Tips for Success
How to Distribute Assets effectively Get expert tips and ensure a smooth, fair process with proper planning, legal guidance, and clear communication.
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freeskillshub · 4 months ago
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A will and estate plan are legal documents that outline how a person's assets and affairs should be managed and distributed after their death. It includes instructions for asset distribution, guardianship of minor children, healthcare directives, and may involve trusts for managing assets. Creating a comprehensive plan ensures your wishes are carried out and minimizes potential disputes among beneficiaries. For more info and details visit www.freeskillshub.com.
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aalawsng · 7 months ago
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WILL PART 2
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REQUIREMENT OF A VALID WILL
A valid will must be in writing: It is imperative that a person has to take note of this important condition that a will can be typed, printed, or handwritten. It is a legally binding document that must be made in writing in order for it to be enforceable.
An individual of legal age can make a valid, He/she must be at least 18 years of age, with sound mind meaning that he/she understands that a will is being made and is the same as at the time of making the will.
A will must be made voluntarily without any external influence.
The will must be signed by the testator or any person he chooses on his behalf who then must sign in his presence and by his directions.
The testator must acknowledge his signature in presence of two (2) witnesses who must be present at the same time. Acknowledgement can be by word or conduct
The witnesses must themselves sign the will in presence of the testator. It is important to note that a witness cannot be a beneficiary to a will, and any gift given to a witness will be null and void. Choosing people who are not beneficiary to the will as witnesses will prevent a conflict of interest and ensure confidentiality. Therefore, the testator’s spouse and children cannot attest to a will, since they are definitely going to be beneficiaries in it.
A blind person can make a valid Will and  there must be a Caveat in the Will stating that the Will was read to the blind person and was signed by the person. However a Will can not be attested by a blind person.
There is however an exception to the making of a Will, a person who is not of a legal age and serves under any form of military service can make a valid Will.
CONTENTS OF A VALID WILL
The full name and address of the testator.
The names and address of the executors who will be in charge of the testator’s assets and ensure that the wishes under the will are carried out.
The full names and addresses of the beneficiaries in the will, and where the beneficiaries are minors, the particulars of the guardian appointed for them.
A full list and particulars of the testator’s assets; all the assets of the testator both real and personal should be listed, and how he wants the assets shared among the beneficiaries.
The names and addresses of witnesses to the will.
Signatures of the testator and that of the Witnesses.
REVOCATION OF A WILL
There are four ways in which a Will may be revoked as follows; by marriage, by making another Will, by writing to revoke and by destruction. 
Revocation of Will by Marriage: The testator’s marriage will automatically revoke any existing wills and codicils.This revocation occurs by operation of law, whether or not the testator wishes or intends such a revocation. Unfortunately, not all married persons are privy to the knowledge of this deemed revocation and the law may occasionally be viewed as creating some hardship to the disappointed beneficiaries. The rationale for this rule however, is to ensure that any children and new spouse will benefit, that is by creating an intestacy in the absence of a new will. In Section 11 Wills Edict 1990 0f Lagos State, the typical law states:
 “Every Will made by a man or woman shall be revoked by his or her marriage (other than a marriage in accordance with customary law) except: A will expressed to be made in contemplation of the celebration of that marriage. Provided that the names of the parties to the marriage contemplated are clearly stated”.
 An exception to this general rule is made if, and only if, 
Wills made in exercise of a power of appointment in which the person appointed will not default of the appointment but it passes to his or her executor or administrator.
Wills expressed to be made in contemplation of celebration of a marriage where the names of the parties to the marriage contemplated are clearly stated.
Revocation of Will by Voluntary Act: Pursuant to Section 14 of the Wills Act, a will may be revoked, in whole or in part, by the formal execution of a written declaration of revocation, whether this declaration stands alone or is found as part of a subsequent will or codicil. To be effective, however, the testator must intend to rescind the prior will, in whole or in part. It requires both a written declaration expressing the testator’s intent to revoke the prior will and requires that such a declaration be properly executed in compliance with the Wills Act formalities. Most often the revocation will be included in a new will or codicil however that is not required so long as the declaration of revocation is properly executed in compliance with the Wills Act formalities. From a practice standpoint therefore, where a testator wishes to make changes to a previous will, we suggest the safest practice is usually to start again by drawing a new will revoking the previous will entirely and thus avoiding any confusion. The words of revocation are not clear, the earlier will remain.
Revocation of Will by Destruction: a will, or part of a will may be revoked by the destruction of the will by the testator or by the testator’s direction and by sufficient destruction, with the testator’s intention of revocation. The intention to destroy and the act of destruction must coexist for a valid destruction. The Wills Act requires both that the testator intends a revocation by destruction and witness or participate in that destruction, whether it be the testator or his or her agent who physically effects the destruction. Partial destruction will not revoke the entire will unless those parts of the will left intact cannot stand on their own. The destruction must not merely be symbolic, but result in actual 'physical injury' to the will, such as cutting the will into bits which could not be pieced together or total incineration. The intention to revoke, no matter how clear it may be, is not enough without a completed act of destruction of the will. Similarly, destruction without intention to revoke does not revoke the will. 
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financestrats · 1 year ago
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Asset Allocation: A Comprehensive Guide to Building
Asset Allocation:Introduction
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The article starts by introducing the idea of asset allocation and describes its importance in handling and expanding an investment portfolio. It highlights the value of a balanced portfolio in reducing risks and increasing returns and also gives an outline of the article's layout and topics.
I. Understanding
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A. First, the article talks about what Asset reallocation is and its main ideas. B. Next, it looks into how risk tolerance affects Investment asset mix C. Lastly, the article studies how investment time affects asset allocation choices. Here, the complexity of the wording is simplified for easier understanding.
II. Diversification: The Key to Successful Portfolio adjustment
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A. Then, it dives into diversification and its advantages. B. Also, the article examines diversifying portfolios among different asset classes. C. Lastly, it talks about diversifying within asset classes. In this revision, the wording is more straightforward and easier to understand.
III. Strategic Asset Allocation: Planning for the Long Term
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A. Initially, the text underscores the importance of financial goals and objectives B. Following this, it examines the role of rebalancing in strategic C. Lastly, it explores the impact of economic and market conditions on strategic Portfolio adjustment decisions.
IV. Tactical Asset distribution: Capitalizing on Market Opportunities
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A. Afterward, the definition and approach of tactical asset allocation are presented. B. In addition, the article evaluates market opportunities and trends for tactical C. Conclusively, it discusses balancing strategic and tactical
V. Implementing in Your Investment Portfolio
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A. To start with, the article describes how to select appropriate investments for each asset class. B. Moreover, it considers utilizing asset allocation tools and resources. C. In the end, it reviews monitoring and reassessing
Conclusion:
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In summary, the article provides a comprehensive and practical guide to mastering and building a balanced investment portfolio. While gaining a comprehensive understanding of the fundamental principles , readers consequently appreciate its importance in minimizing risks and optimizing returns. As a result, they acquire essential insights for effectively diversifying their portfolios. In doing so, they familiarize themselves with various strategies, including, but not limited to, strategic and tactical
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throughout the article. The text also covers planning and adjusting asset allocation according to financial goals, risk tolerance, and investment time horizon. Lastly, the implementation of Asset reallocation techniques and the use of helpful tools and resources are discussed. Asset reallocation
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The conclusion encourages readers to incorporate these principles and practices into their investment journey, to build a more resilient and balanced portfolio. It also highlights the potential for long-term growth and financial success. Ultimately,
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when needed, reaching out to professional financial advisors may further enhance one's ability to navigate the world of investing and make informed decisions. asset allocation strategies "Gain deeper insights and data on market analysis." Read the full article
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heartlandfundinginc · 1 year ago
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20westlegal · 2 years ago
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Ask Me Anything "EPISODE 28" | Erica Endyke
Question: What is the difference between probate and non-probate assets?
Answer: (0:09) Probate assets are assets that are owned by yourself, individually, without a named beneficiary.
Non-probate assets, everything else, essentially anything that's owned jointly or an asset that has a named beneficiary, like your life insurance or your retirement policy.
(0:27) The difference in probate and non-probate asset not only goes to those elements but also what happens to those assets when someone passes.
(0:37) For a probate asset, remember, that's an asset that's in your name, without a named beneficiary, the asset gets stuck in your name. While you're alive, you could sign a check, you could sign a deed to the property, but when you pass, we don't have your signature anymore, so it's stuck.
The only person with the power to transfer it to your beneficiaries or your heirs was a probate court judge. Through the probate court process, which is very long, it's expensive, it's public, it's a process that a lot of people want to avoid.  
(1:06) Non-probate assets, on the other hand, are either jointly owned assets or assets from the named beneficiary. Jointly owned assets are passed to the survivor without any court or any judge, just by operation of law.
And assets with named beneficiaries will get passed according to the beneficiary designation because there's a contractual obligation there which requires the life insurance company or the retirement company to disperse those assets to those individuals identified on the beneficiary designation forms.
If you have any questions, please feel free to reach out to me. Thanks!
For more AMA videos, subscribe to us at https://bit.ly/20westlegalAMAvideos
"Protect what matters most, no matter what."
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queensprobatelawyer · 10 days ago
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Trusted Estate Planning and Probate Attorney in New York: Richard Cary Spivack
Richard Cary Spivack, a seasoned New York wills, estate, and probate lawyer, has been providing dedicated legal services in Queens and New York City since 1985. With a background as a former Assistant District Attorney, he specialises in estate planning, guardianship, and probate disputes. Richard’s expertise ensures your wishes are honoured and your loved ones are cared for, offering peace of mind during challenging times. Whether you need assistance with wills, health care proxies, or navigating the complexities of probate law, Richard Cary Spivack is here to help.
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queensprobatelawyer · 18 days ago
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Meet Richard Cary Spivack: Your Trusted New York Probate Lawyer
Richard Cary Spivack is a highly respected probate attorney in New York, with over three decades of experience in the areas of wills and estate planning and guardianship. Formerly an Assistant District Attorney in Queens County, he is an attorney with a sensitive touch who takes the anxiety out of the probate process and ensures clients' wishes are carried out. Dedicated to helping families navigate even the most complex estate issues, Richard provides expert guidance in difficult times, allowing relationships to be preserved along with favourable outcomes. A trusted probate attorney who will ensure your case gets the best results, there is no one better than Richard Cary Spivack if you need a reliable legal advocate.
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queensprobatelawyer · 18 days ago
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The Benefits of Hiring a New York Probate Lawyer for Estate Management
Navigating the process of estate management after someone's passing can be emotionally overwhelming. A probate lawyer in New York, for example, like Richard Cary Spivack, who has expertise in probate law, can make seemingly complicated processes easier, ensure that distributions are accurate, and lower the potential for family fighting. Learn how a devoted professional can guide you through probate and estate planning, bringing peace of mind during a difficult time.
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queensprobatelawyer · 18 days ago
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Protecting Your Legacy: The Value of a Probate Lawyer in New York
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Managing the issues pertinent to estate planning and probate is always tough, more so when it comes to a time of loss. For this reason, it is important to consult a good probate lawyer who will properly represent you in New York when it comes to wills and estates. Below are some of the benefits of hiring a probate attorney, which is why Richard Cary Spivack can be very useful.
Expertise in Probate Law
probate law is delicate, and has several rules with differentiated procedures in every state. When you hire an experienced probate lawyer, you get a professional who knows most of these laws to make sure all legal procedures are well followed and promptly. This expertise makes it easier to avoid the pitfalls that either slow down the probate process or result in disagreement among the beneficiaries.
Simplifying the Probate Process
Probate is the process of proving the will, taking stock of the estate, paying debts and then dividing the assets. A probate lawyer alleviates these processes, helping the executors navigate each process and meeting court-issued procedures. Such support is important so as to try to reduce the stress accompanying such a phase for which help is already sought.
Ensuring Accurate Asset Distribution
The main responsibility of a probate lawyer is to see to it that the properties of the deceased are disbursed as a will states. These are, for instance, to interpret the will and to remove any doubts that may be there. This way when a probate attorney specifies how the assets are supposed to be shared it reduces incidences of divorces or quarrels among the family members.
Minimising Family Conflicts
Probate legal hearings involve the division of an estate and family members may argue over the distribution of wanted items. A competent probate lawyer is expected to facilitate the settlement of all the disputes informing of an out-of-court settlement. Their factor in dealing with such matters can save relationships within families while still delivering justice.
Managing Tax Liabilities
Taxes on the estates also have the potential to have a very huge effect on estates. An experienced probate attorney can offer advice about the tax situation and the ways to reduce losses. This financial insight means that there is an improvement in the proportion of the estate saved for the heirs or beneficiaries.
Handling Probate Disputes
When there are disagreements over a will or the distribution of assets, then it is crucial to have a competent lawyer in probate law. Richard Cary Spivack has the experience of an ex-assistant District Attorney to help resolve conflicts in your favour and represent you in court when the need arises.
Comprehensive Estate Planning Services
Outside of just probate work, a good attorney as needed provides all aspects of estate planning. This encompasses drawing of wills, formation of trusts and also health care proxies and Powers of attorneys. These documents help to see to it that your will is done even on occasions when you are unable to do so due to illness.
Peace of Mind
The fact that your estate is in safe hands helps give a lot of relief to you and your families. While a probate lawyer handles all legal matters, all probate legal services include emotional support to the client during this difficult period.
ConclusionTo this end, hiring a probate lawyer in New York is among the best investments a person can make to safeguard their testamentary aspirations. With them, you will manage estates with ease knowing that your relatives will be provided for under your directions. Clients must retain a dedicated professional by their side ever since Richard Cary Spivack joined the practice in 1985.
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queensprobatelawyer · 26 days ago
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Expert Wills & Estate Lawyer in New York – Richard Cary Spivack
Richard Cary Spivack, a pro wills, property, and probate lawyer in New York, has been supplying committed legal offerings since 1985. With a background as a former Queens County Assistant District Attorney, he offers comprehensive support in property-making plans, guardianship, and probate disputes. Richard guarantees your needs are commemorated and provides peace of thought for you and your family. Whether you want assistance with wills, health care proxies, or navigating complex probate approaches, Richard's information will guide you through each step. Contact him these days for personalised legal suggestions tailor-made to your needs.
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queensprobatelawyer · 1 month ago
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Meet Richard Cary Spivack: Your Trusted Probate Attorney
With over 35 years of experience, Richard Cary Spivack makes a specialty of probate, property planning, and guardianship offerings in Queens and NYC. A former Assistant District Attorney, he offers compassionate criminal steering to assist clients navigate complicated troubles with no trouble. Richard is dedicated to making sure your needs are venerated and presenting peace of mind all through challenging instances. Learn greater at Queens Probate Lawyer.
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queensprobatelawyer · 1 month ago
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Best Probate Lawyers in New York: Your Guide to Choosing the Right Legal Expert
When it comes to navigating the complexities of probate regulation in New York, having the proper felony professional can make all the distinction. Among the best probate lawyers in New York is Richard Cary Spivack, who brings over 30 years of experience in estate planning, probate, and elder regulation. Richard's understanding guarantees a smooth and green technique, whether you're managing will contests, estate management, or asset distribution. His personalised technique and in-intensity understanding make him a relied on desire for customers in search of steering at some stage in challenging instances.
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queensprobatelawyer · 1 month ago
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Find the Best Estates Lawyer Near Me: Protect Your Legacy with Expert Legal Guidance
When searching for an “estate lawyer near me” in New York, you will find that the best estate attorney is Mr. Richard Cary Spivack, who has more than 30 years of legal practice. Look no further, Secure your destiny and shield your assets with the help of an experienced estates lawyer who knows the complexities of estate making plans and probate law. Whether you need help in drafting a will, putting in trusts, or navigating the probate manner, a professional estate lawyer can offer tailor-made solutions to fulfil your unique needs. Contact a nearby estates lawyer today to make sure that your legacy is included and your desires are commemorated.
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queensprobatelawyer · 1 month ago
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Estate Planning Attorney New York | Richard Cary Spivack
Looking for an experienced estate planning attorney in New York? Turn to Richard Cary Spivack for comprehensive legal guidance tailored to your needs. With years of expertise, Mr. Spivack offers personalised estate planning services to help you protect your assets and secure your legacy. Whether you're drafting wills, establishing trusts, or navigating probate proceedings, trust in Mr. Spivack's expertise to guide you through every step of the process. Ensure your loved ones' futures are safeguarded with meticulous estate planning strategies designed to reflect your wishes and provide peace of mind. Contact Richard Cary Spivack today to begin planning for tomorrow.
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