Khan & Yau, PC Reliable & Responsive New York City Attorneys

November 2017 Archives

Take advantage of estate planning benefits as a same-sex couple

When same-sex couples across the country received the right to marry back in 2015, they also gained numerous advantages previously only available to married heterosexual couples. One area where not enough married couples, same-sex or not, take advantage of the benefits of marriage is estate planning.

Studies show that same-sex parents are equal to opposite sex

A census conducted in 2000 revealed that anywhere between one and nine million children are being raised in families that are headed by same-sex parents. While that figure has likely jumped considerably with the legalization of same-sex marriage, family life for these children has likely remained the same as it is for those raised by parents of the opposite sex. Many of these families are living in New York, which has supported these types of marriages for some time.

Some national banks creating hassles over certain estate matters

The death of a loved one or close friend can be not only an emotionally difficult time but can also result in other challenges if one has been selected as the executor of an estate. Though New York has its own laws and procedures for preparing an estate for the probate process, there may still be some difficulty concerning certain estate matters. According to some who work in a probate office, some banking institutions are hindering the opening of estate accounts.

Same-sex divorce still not the same as heterosexual dissolutions

In 2015, the U.S. Supreme Court extended legal protections and allowed same-sex couples to enter into valid marriages. Unfortunately, that ruling applied to the joining of two lives and did not address the issues that some couples are discovering in the event they decide to file for a same-sex divorce. New York has its own laws regarding these divorces, and it may be beneficial to seek information on how the state laws will apply in a given situation.

There are steps an executor can take to avoid estate litigation

There are many responsibilities that are required of an executor of an estate. If there are any short cuts or mistakes made in the process, then one could possibly provide an opportunity for an individual or a creditor to pursue estate litigation attempts. New York residents who are seeking to finalize their estate plans may benefit from carefully reviewing the abilities of the individual or company that he or she is considering asking to handle their final affairs.

When is it possible to challenge a will?

A will is a great estate planning tool, but there are times that the terms of a will could come under scrutiny. Disputes over wills can make it difficult to settle an estate and allow New York families to move on after the death of a loved one, but there are times when it may be appropriate to challenge the terms of a will. There are only certain people who can legally challenge a will.

Important legal issues for same-sex couples to consider

Even though the United States has achieved marriage equality, there are still many legal obstacles that same-sex couples may face. Despite increased legal protections and wider acceptance for gay families, family law can still sometimes be particularly challenging for partners in same-sex relationships.

Same-sex marriage equality may not confer parental rights

Many people may believe that the Supreme Court ruling in 2015 that recognized the rights of same-sex couples to marry also conferred the right to claim parentage of any children born into these unions. Unfortunately, that belief is often mistaken, depending on the state where one lives, and one partner may be required to go through the second-parent adoption process. New York has its own laws concerning whether each partner in a same-sex marriage will be considered an equal parent of their children.