No! The power of attorney will not enable you to speak for your spouse. Powers of attorney can be very broad and will allow the agent to sign many documents on behalf of the principal-speaking or testifying on behalf of principal is not one of the powers conferred!

No ! Unless you include language specifically stating when and how or include a sunset clause. Many clients do not understand prenuptial agreements. They are intricate documents that state the agreement between the parties should the marriage end whether by divorce or death. They can have language which serves as an expiration date or if certain circumstances occur. Best practice is to have a professional draft, review or negotiate it prior to signing. You also want to give a copy to your divorce attorney or mediator if going through the divorce process and a copy to your estate planning attorney-we can only give you our best work when you give us all the facts.

Maybe! If you list your beneficiaries on the bank accounts they inherit outside the will. So many clients do not realize that even the best estate plan can be ruined by testamentary substitutes such as bank accounts.

Yes! This concept is called a Post-Nuptial agreement. There are many reasons a couple may wish to have a formal written agreement regarding their marriage, and it doesn’t always lead to divorce.

Yes! If you have language regarding “Digital Assets” in your power of attorney. In New York we can include language to a power of attorney allowing your agent to take care of your social media accounts for you. This is especially relevant if you have business accounts. As examples, the agent can act if you are incapacitated or if you just want them to because you are away on a much needed vacation.

Yes! Even if you don’t think you have much to protect – Have the talk before you take the walk. Many people think prenups are only for the rich and that divorce attorneys should handle them. An attorney familiar with both divorce and estate law can draft a prenup that will serve clients well whether the marriage ends in divorce or “til death do us part”.

Yes & No! In NY after divorce the will is treated as if your ex died before you. While it is true in New York that after divorce your will is still valid and your successor executor and remainder beneficiaries rather than your ex spouse (who is treated as if they predeceased) will be the ones to be responsible and/or inherit, it is a good idea to revise and execute a new will after a divorce. Any time there is a major life change you may want to consider writing a new will.

No! You can leave bequests as you like in your will. Sometimes people want to leave different amounts to certain children and sometimes they don’t want to leave them anything at all. An estate planning attorney can help you decide what is best for you and whether you need an interrorem or “no contest” clause.

Yes! Your power of attorney is not valid unless your agent signs and has it notarized. In New York, the power of attorney is not valid unless the principle and the agent have signed it before a notary. It is always a good idea to have a frank discussion with your intended agent to be sure they want the responsibility.

Yes! In my opinion most people over the age of 18 should at least have their advance directives in order. A power of attorney, health care proxy and living will, allows the people you choose to help you if necessary.

Yes, the best way to do this is to execute a new will expressing your wishes.

You need a health care proxy in case you are incapacitated or unconscious. Someone you have chosen beforehand can make health care decisions for you.

A living will is a document that express your wishes regarding artificial nutrition and breathing equipment. You have the right to decide that if two different medical professionals have determined that there is no hope of you making a meaningful recovery you do not have to be kept alive.

You should have a testamentary trust in your will that states that any portion left to a grandchild be payable to their special needs trust should one exist. That way your generosity will not cause your grandchild to lose their governmental benefits.

Yes, that way if you need to do Medicaid planning you will already have the ability to do so. Our office does not do Medicaid planning however we know several reputable firms that would be able to help should the need arise.

We recommend that you keep the will in a fire proof waterproof safe in a location that you control and not at the bank. Often when someone passes away, the bank will freeze the box and then you can not get it out in order to probate it.

We need a family tree for the file so that we know the names, addresses and relationship of all of your heirs at law. Depending on the will, we may need all of that information when it comes time for probate.