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The Importance of Establishing Guardianship for Minor Children

Everyone hopes to outlive their children, but you also hope that they are adults and well established in life before you pass on. But what happens if you die while your children are still minors? While it can be temporarily uncomfortable to address these issues, making a plan for these worst-case scenarios is vital for the welfare and security of your child.

In situations where there are two parents, the other parent would naturally step in, but this isn’t the case for everyone. If one parent has already passed or is not a part of the child’s life, it’s important to think about who would talk over as guardian for your children. Learn more about how guardianship works in New York, including picking a suitable guardian and how guardianship is established.

Who is a Guardian and What Are Their Responsibilities?

A guardian is a person who is responsible for providing care, maintenance, and support to the minor individual under their guardianship. The guardian of a minor has the same rights as a parent to make decisions regarding their health care, education, religious upbringing, housing situation, and other essential matters. Any individual over the age of 18 with a sound mind can be appointed as a guardian. However, you should make your designation carefully after considering the potential guardian’s values, skills, resources, and availability, as well as the familiarity of the individual with your children. The court maintains oversight of the guardian’s actions, and guardians must file an annual report with the court to update them on the status of the protected minor. 

The duties of a guardian may vary depending on the type of guardianship granted, but some primary responsibilities include:

• For guardians of the person:
  • Providing proper care, maintenance, education, and support.
  • Supplying food, clothing, shelter, and necessities.
  • Authorizing medical, surgical, dental, psychiatric, and psychological care.
  • Ensuring the protected person is appropriately trained and educated.
• For guardians of the property:
  • Managing the individual’s money and property strictly in their interest.
  • Preserving and protecting the individual’s assets.
  • Creating an inventory of the individual’s assets.

How Guardianship Works in New York

Establishing a guardianship plan is a way to ensure that you have some say in who will take over raising your child if something happens to you and the other parent. This is done by naming someone, referred to as the guardian, to assume care of the child, who is called the ward. However, there are also other circumstances where guardianship may be needed. 

For example, if a parent abandons or neglects a child, is deported, or is physically or mentally unable to make decisions for the child, a guardian may be needed.

The court is tasked with appointing a legal guardian, and without a guardianship plan in place, your child may be placed in foster care or be put into the care of someone you wouldn’t have chosen. It’s important to understand that while you can make your wishes known through a guardianship plan, it’s not a guarantee. For example, in the state of New York, once a child is 14 years of age, they must consent to the appointment of the guardian. If your child doesn’t want your choice to be appointed, another guardian may be instituted instead.

What Types of Guardianship Exist in New York?

With the assistance of a knowledgeable estate planning attorney, you can create a guardianship plan that will safeguard your minor children, no matter what happens in the future. Several documents may be used to create a customized plan covering every eventuality. New York law makes provisions for at least three varieties of guardianship that can be utilized in different situations.

Standby Guardian

Emergencies can occur anytime and may impact your ability to be present or provide proper care for your child. By completing a Designation of Standby Guardian form, a parent can ensure that their child will receive immediate care from a trusted person without significant disruption if a specified event occurs. A standby guardian is an individual who is given temporary authority to care for a minor child while the parent or legal guardian is still alive, although the standby guardian may petition the court to make the arrangement permanent if the circumstances warrant it. 

The event that allows the standby guardianship to go into effect is known as a “triggering event.” Examples of triggering events may include:

• Administrative separation between the parent and child, including incarceration, deportation, detention, and other events.
• Doctor diagnosed mental incapacitation, which renders the parent unable to care for the child.
• Physical debilitation, such as terminal illness, that causes the parent to consent to the initiation of the standby guardian’s authority.

The parent can specify whether they want the named standby guardian(s) to be the guardian of their child’s property, person, or both. For extra protection, the parent may choose one or several persons to act as standby guardians, in case a named standby guardian is unable or unwilling to assume responsibility when the triggering event occurs. It is important to note that if this designation is being made in anticipation of a specific triggering event, the standby guardianship must be approved by a judge prior to the event taking place. After completing and filing their form, the parent or legal guardian still retains full parental, guardianship, custodial, or caretaker rights and can revoke or cancel the standby guardianship at any time. 

Permanent Guardian

When creating your estate plan, it is crucial to consider who will care for your children long-term if you should pass away unexpectedly. Your co-parent will generally retain the right to be the guardian for your minor children in this event without any action required from the court. However, appointing a guardian in your Last Will and Testament provides protection if you and your co-parent are both deceased before your children become adults.

You should discuss your decision with the person you intend to name as your child’s guardian to ensure they are comfortable with the role and understand any expectations you may have. You may also wish to speak to your teenage children about your choice and allow for their input, as children over 14 may be consulted by the court for their consent before a guardian is appointed.

Guardian of the Property of a Minor Child

New York state law aims to protect the finances of minor children from fraud or mishandling. If a child receives assets valued at $10,000 or more from an inheritance, lawsuit settlement, or another source, a guardian of the property must be appointed. The guardian, working in conjunction with the court, is tasked with managing the child’s money until they turn 18. The designated individual has a fiduciary duty to act in the child’s best interests, and they cannot withdraw any funds without the consent of the court.

Factors to Consider When Choosing a Guardian for Your Child

While any person who is at least 18 years old and of sound mind can technically serve as a guardian for your children, it’s important to choose who will fill this role very carefully. Taking care of a child is an enormous responsibility — as you well know — and the person you choose should be physically able to care for the child, mentally prepared, and emotionally mature and be financially stable enough to support a child.

It’s also a good idea to choose someone who already has a solid, positive relationship with the child, as this can help ease the transition. Many people choose to name the child’s grandparent, adult sibling, or an aunt or uncle as a guardian. However, you may also choose a more distant relative or family friend if you feel they would be better suited.

Remember to factor in parenting philosophies as well as cultural and religious differences. If you want your child raised in a certain culture or religion, it’s important to consider this when you’re choosing a guardian.

Creating a Guardianship Plan

If you need to create a guardianship plan, your first visit should be to an attorney. A lawyer can help you understand how guardianship works in New York and help you make a plan that covers any specific scenario. A guardianship plan can be written into a will or created as a separate document that goes into play with a triggering event, such as a death, incarceration, or illness.

It’s also a good idea to ensure that you discuss your wishes with the person you intend to name as guardian and the rest of your family members, so there are no surprises when and if the time comes. This also ensures that the potential guardian is aware of their responsibilities and has the opportunity to ask questions, express concerns, or let you know that they don’t feel comfortable taking on that role.
Remember that any guardianship plan you create will still have to go through the court system to be put in place, so it’s important that all parties understand what that entails.

Can Guardianship Be Temporary?

Yes, in some cases, guardianships can be temporary. This may be done if there are temporary circumstances that keep the parents from being able to care for and make decisions for their children. For example, if the parent is in the military and is being deployed, it may make more sense for a temporary guardianship to be established so that the child can stay behind where their friends and school are. When the parent returns, the guardianship would be ended, and they would resume responsibility and care for the child. A temporary guardianship may also be used if a parent is very ill or is being incarcerated. A temporary guardian is usually referred to as a “standby guardian” in the state of New York.

How Do You Change or Rescind a Guardianship?

If the guardianship has not been put into place and you just want to make changes to who your appointed person would be, you can do this at any time. All you have to do is create a new document and destroy the old one. If the guardianship is already in place and the guardian no longer wants to or is unable to continue to care for the child, they must file a petition with the courts. The courts will review the circumstances and appoint a new guardian, if necessary.

How Can Our Estate Planning Law Firm Assist You?

Creating a guardianship plan isn’t difficult, and it’s something that’s important to ensure your children are cared for and that you have peace of mind if something were to happen. Whether you need help creating a guardianship plan or you wish to petition for guardianship, Davidov Law Group can help. Call 516-928-6594 to schedule an appointment to go over your case with an attorney.

Understanding Business Succession Planning

Ensuring that you have a strong estate plan set up for your personal property and assets can make things smoother and less stressful for your beneficiaries and provide you with peace of mind as you live out the rest of your years. But if you’re a business owner, you also need to make a plan for what you want to happen with your company should something happen to you unexpectedly. Keep reading to learn more about what business succession planning is, why it’s important, and how to create a solid succession plan.

Why Business Succession Planning Is Important

You’ve worked hard to build your business and make it a success, so it’s important to plan for the future when you may not be here to oversee every aspect and make every decision. Business succession planning involves making provisions for the transfer of ownership if you were to pass unexpectedly as well as creating processes that ensure that your business can function well without you.

The main objective of business succession planning is to ensure that your business, including the employees and customers who depend on it, faces as little disruption as possible if something were to happen to you. Larger companies are often more inherently set up for this because they may have more stakeholders and more leadership staff who are able to take over and keep things running, but small businesses can face immediate issues without a proper succession plan in place.

The Benefits of Effective Succession Planning

When done properly, a business succession plan can provide many benefits for you personally and your business’s overall health. A business succession plan lets you rest easy knowing your business is in good hands. It’s also good for your business because it means you’ve ensured that your business isn’t dependent on any one person.

You may have heard people in your industry refer to “hit by a bus syndrome,” which means that if any one person at your company was hit by a bus, the business would not be able to continue or would experience extreme hardship temporarily. For example, if only one person at your company knows how to run payroll and they get “hit by a bus” — which can also mean that they quit or are too ill to come into work — payroll can’t go out, which is extremely problematic. Effective succession planning ensures that your business continues to run smoothly no matter what happens.

Business Succession Laws and Regulations in New York

When you’re creating a business succession plan, it’s important to be aware of the various laws and regulations that govern these types of issues, specifically in regards to transfer of ownership. For example, there are specific rules for how much stock can be gifted to someone on an annual basis. Gifting stock is one way to transfer ownership, but if you don’t consult with an attorney, you could find yourself paying hefty taxes.

Another option is to set up transfer of ownership in the business through a trust, but these also have specific guidelines. An attorney can help you understand what type of trust is the best one for your situation and ensure that everything is done correctly to facilitate a seamless transition when it’s time.

The best way to ensure that your business succession plan is in accordance with New York’s rules and regulations is to develop it with the help of a qualified attorney.

Creating a Succession Plan

If you’ve never created a succession plan before and aren’t sure where to start, the team at Davidov Law Group can help. We can guide you through the following steps to ensure that your succession plan is appropriate for your business and has covered every possible contingency.

Assessing the business. The first step is to take stock of your business, including making a list of employees and their roles, customers and clients, vendors, and your profit and loss history.
Identifying potential successors. Once you know what you have to pass on, you’ll need to start identifying candidates to take over the business. You may want to consider both overall ownership here as well as identify employees who could step up into more responsibility if needed.
Plan how to get current employees and potential successors up to speed. If your successor hasn’t worked in the business before, it’s a good idea to get them familiar with what your company does and how it works long before ownership actually transfers. This step is also where you would start crosstraining or promoting the employees identified in the previous step.
Create the business plan. Meet with an attorney to solidify your succession plan and make it official.

Identifying Potential Pitfalls in Succession Planning

One of the main parts of creating a successful succession plan is to take an inventory of the pain points of your business operations. Ask yourself questions like:

What employees would I be lost without?
Is there anything that only one person can do?
Which of my lower-level employees are showing potential for leadership positions?
Who would I trust with my business?

Asking and answering these questions can help you get a better understanding of where you need to do some extra work to ensure that things can run smoothly if something happens. For example, if you have one key employee that seems to keep the place running, it’s a good idea to focus on cross-training others to start spreading out some of those tasks and ensuring you’re not relying too heavily on any one person.

Whether your business is just starting or you have years of profitable dealings, creating a business succession plan should be part of your larger estate planning. Get help ensuring your company’s future is secure when you work with the legal team at Davidov Law Group. Call our office today at 516-928-6594 to get started.

How Trusts Can Help Protect Your Assets

Having a solid estate plan can bring relief in your later years by providing peace of mind that your wishes are clearly stated and that those left behind will know what to expect. While a good estate plan has several parts and may make use of different tools, the trust is one possibility that is often overlooked but can be very helpful in many cases. Keep reading to find out how you can use a trust for asset protection.

What Is a Trust?

A trust is an estate planning tool that lets you transfer assets to another person. When you place the assets in the trust, you also designate a beneficiary — or multiple beneficiaries — as well as a trustee. The trustee is responsible for managing the trust and ensuring that the assets are properly distributed to the beneficiaries according to the terms of the trust. The person who creates the trust is called the trustor.

There are a few different types of trusts, but most people have either revocable or irrevocable trusts. An irrevocable trust is one that can’t be changed after it has been set up. It gets its name from the fact that the trustor can’t change their mind — or revoke the terms. A revocable trust is one that can be changed up until the trustor’s death. These trusts are often more popular because they allow for more flexibility.

You may also hear people use the terms living trust or testamentary trust. A living trust is one that is created while the trustor is still alive. A testamentary trust is one that is set up after the trustor’s death through instructions left in the will.

Using Trusts for Asset Protection

Many people believe that the best way to leave their assets to their children, grandchildren, or other beneficiaries is to outline their wishes in a will. However, wills can be more cumbersome, are harder to change, and can take a long time to go through probate. Using a trust as part of your overall estate plan can give you more flexibility and freedom in ensuring that your assets are distributed as you wish.

Benefits of Using Trusts

There are many benefits to using trusts for asset protection as part of your estate plan, and we’ve outlined some of the most important ones below. If you’re not sure whether a trust is the right option for you or you have questions about how a trust can help you protect your assets, talking with an estate planning attorney at Davidov Law Group is a good first step.

Bypassing Probate

One of the biggest advantages using a trust provides is that assets in a trust don’t have to go through probate. Assets that are set to be dispersed through a will can be held up for months — or even years if the will is contested — which can create problems if those assets are needed quickly to pay for a funeral or other expenses. Bypassing probate also means there are no worries about anyone trying to challenge how you’ve distributed your assets.

Ability to Change Beneficiaries

While it is possible to change how your assets are distributed in a will, it requires creating an entirely new will every time. If you work with an estate planning attorney to set up the right kind of trust, you can have more flexibility in changing the beneficiary without having to change your entire estate plan or draft new documents. Changing the beneficiary — whether you are leaving the assets to someone completely different or are adding beneficiaries — is a simple and easy process.

More Control Over How Your Assets Are Distributed

If you die without an estate plan, your assets automatically pass to a relative, such as a spouse or an adult child, depending on what living family members you have. If you have no family, the estate reverts back to the state of New York. For those who want to ensure that their assets go to a specific place — such as a charity — or person, a trust allows them to make those decisions early on and set everything up so that there’s no confusion later on.

Lower Taxes

Many people choose to use trusts as a way to protect their assets from estate or gift taxes. When done properly, a trust can make a significant difference in how taxes are handled on your estate and assets, which can preserve more of your wealth and assets for your children and other beneficiaries. However, it’s important to recognize that tax laws are complex. If you are planning on using a trust because of the lower tax implications, you need to work with an experienced estate planning attorney who understands which type of trust is your best option and can help you set things up correctly.

Ensure Your Estate Plan Meets Your Needs

While it may be tempting to try to create an estate plan on your own, it’s important to talk about your wishes and the best way to ensure they are carried out with an estate planning attorney. These lawyers have extensive experience helping clients understand their options, and they know what questions to ask and what potential challenges may come up to plan for.
At Davidov Law Group, we understand how important it is for you to know what’s going to happen to your assets after your death. We can help you create an estate plan that works for your situation and let you know if a trust may be applicable and beneficial for you. Call our New York office at 516-928-6594 to speak to a member of our team to schedule a consultation to discuss your options.

Trusts can be valuable estate planning tools for individuals who want to protect their assets and privacy from the costly and time-consuming probate process. Part of creating a trust is picking a name to distinguish it by. Banks and institutions will use this name to identify your assets, but you should also maintain some anonymity to protect your family members’ privacy.

If you are struggling to develop a good name for your trust, you should consult with legal professionals who work with trusts regularly. They can advise you on the best names and help you avoid mistakes that could have serious repercussions.

Why Is Naming a Trust Important?

Naming a trust is essential because it is how your assets will be identified. Your trust name will appear on loans, at the bank, and in other required paperwork. You don’t want to choose an overly long name because it may be hard to sort through your assets in the future. You could also create confusion at financial institutions if your name doesn’t adequately convey the purpose of the trust.

Picking your trust’s name is worth taking some time to consider. While you can change the name in the future, you would also have to re-classify every item in the trust under the new name, which can be challenging.

What Are Some Aspects of a Successful Trust Name?

The following are some tips to help you create a successful name for your trust:

• Keep it short and simple – Long trust names can be confusing to banks and make it harder to keep track of your assets.
• Don’t get too creative – Many states have laws against using names that sound like financial businesses. You want your trust name to convey the trust’s purpose rather than being misleading.
• Don’t just use your name – Some lawyers will recommend using your name as your trust name. However, it is obvious why this can backfire if the purpose of the trust is to protect your privacy.

Should You Hire Our Trusts Attorneys?

Creating a trust is a big step in estate planning. Picking the trust name is just one aspect of this complicated process, including what kind of trust you need, who the trustee will be, who will benefit from the trust, and under what terms your assets will be distributed.

If you need help making the perfect trust for your needs or any other estate planning matters, please call us. We have helped countless clients like you create trusts that help their families now and in the future. We will be more than happy to design your trust and advise on the best name for your trust fund. Call today at (516)-928-6594.

Creating the right estate plan can be an overwhelming prospect. However, if you die without preparing legally, you could risk putting your family members in a difficult situation. Don’t risk your hard-earned wealth by putting off estate planning until it’s too late. Contact our knowledgeable estate planning attorneys for excellent legal counsel and representation.

We can help identify your estate planning needs and draft the proper documents to get the customized estate plan that will work best for your unique situation. So call us today!

Create an Inventory of Your Possessions

An estate plan works best when you know what assets you are trying to protect and pass on to your loved ones when you die. Making a list of your valuables is a great way to start creating the perfect estate plan.

Consider Your Family’s Needs After Your Death

This step includes thinking about your family members and what they will need to have a comfortable life. Do you have minor children who may need a guardian appointed? Do you have a family member with special needs? These can all be accounted for in an estate plan.

Decide Who Your Beneficiaries Will Be

One of the biggest advantages of creating an estate plan is that you can control who receives your wealth after you die. Those who die intestate leave their estates up to the court. Don’t leave your friends, extended family members, and favorite charities with nothing. Contact our attorneys today to create a will that protects all of your loved ones.

Indicate How You Want Your Estate Divided

Once you know who your beneficiaries will be, you can dive deeper into how you want the money allocated. This step may include creating trusts that give you control over how and when your estate is distributed.

Store Your Documents Properly

A great estate plan doesn’t help if the right people can’t access it. Contact your attorney to find out who needs a copy of the plan and where you should store it so it can be accessed when the time comes.

Update Your Estate Plan Regularly

Your family’s needs today will probably not be the same next year or in five or ten years. The death or birth of family members can change how you want your estate plan. Marriage and divorce may also drastically affect your choices. Check with your attorney regularly to avoid the devastating effects of an out-of-date estate plan.

Seek Help from a Trusted Estate Planning Lawyer

One of the most important things to remember when creating an estate plan is to get professional help. While you could create a will online, this may not have the legal value and protection your family deserves.

Contact our law firm by calling (516)-928-6594 right away for the personalized attention you need when creating the ideal estate plan for your unique situation.

Most people know that a will is foundational in an estate plan. While wills are important, they come with certain disadvantages that are important to understand.

The most significant downside to having a will is that when you die, it must go through the probate process. Probate occurs when a judge directs the handling of the will and is both time-consuming and expensive. With the right estate plan, you can avoid having most of your assets go through probate, saving your loved ones time and money after you die.

Even with the disadvantages of a will, it is still important to have one, especially if you have minor children. Contact our law group right away to learn more about wills and get help crafting the perfect estate plan.

Does My Will Have to Go Through Probate?

In many states, such as New York, individuals who die with a will are still subject to having their assets go through probate. Some estate planning tools, such as trusts, can minimize the effect probate has on their possessions.

Probate is not an ideal way of distributing funds because the judge will assign your estate to family members according to state law. This leaves you little control over how your wealth is passed on. Probate also exposes your family to the public eye, as probate is a public process. If you wish to avoid your assets becoming public knowledge, you may wish to use trusts to maintain your privacy.

Why Should I Have a Will?

Having a will is still extremely important, especially if you have young children. If both parents die, your will can provide a guardian for them of your choice. Without a will, the state will choose a family member to raise them.

You may also need a will for the small estate items left over after placing the majority of your valuables into trusts.

Should You Hire Our Attorneys?

When considering an estate plan, it is essential to speak with trusted legal professionals. Your estate planning lawyer should have a great deal of experience so they can recommend the right tools for your estate plan.

At Davidov Law Group, we have helped countless clients prepare for the future by creating thorough estate plans. We know what documents to use to protect your assets from creditors now and from future threats, such as unnecessary taxes and probate.

To learn more about what type of will and trusts are right for you, please reach out to us right away. You can contact our talented legal team at (516)-928-6594 to schedule your assessment. Taking this simple step today can pay huge dividends for your loved ones in the future, so call now!

Estate planning isn’t easy, and thinking of your own death may not be the most cheerful way to spend an afternoon. However, taking a few simple steps now can do a lot to protect your loved ones and yourself in the future. Estate planning serves many purposes, including reducing the tax burden on your estate, allowing flexibility in distributing your assets, and eliminating the likelihood of family disputes.

Some of the most important reasons for having an estate plan boil down to two main functions: protecting your beneficiaries when you die and protecting yourself if you become incapacitated.

How Does Estate Planning Protect My Beneficiaries?

In most states, individuals who die intestate, or without a will, are subject to having their estate go through the courts. This is known as probate and can be costly and time-consuming. Having an estate plan such as a will and trusts minimizes the court’s interference in your affairs, protecting the privacy, time, and money of your loved ones.

Creating a will is also a must for parents of young children. If both parents should die, your children would go to a home decided upon by the state. While this is usually a close family member, it might not be who you would have picked. Having a will in place gives you control over the guardianship of your children if the unthinkable should happen.

How Does Estate Planning Protect Me?

Estate planning is also helpful for you, not just your surviving family members. In an estate plan, we can create documents that protect you if you become unable to make your own decisions due to illness, injury, or age. For example, you can assign a trusted friend or relative as a power of attorney who may direct your affairs in the way you would wish.

You can also create an advanced directive that gives a trusted individual the authority to make healthcare decisions for you. This document can also inform healthcare professionals how you want to be treated.

Should You Hire Our Attorneys?

There are so many options when making an estate plan that it can all seem overwhelming. Please don’t feel like you have to go through this process alone. Reach out to our knowledgeable lawyers today for excellent legal counsel and representation when creating your estate plan.

We recognize that every family is different and that you have unique needs from any other client we may serve. We promise to listen carefully to your wishes so we can craft the perfect estate plan that matches your goals. Call today at (516)-928-6594 to schedule your assessment.

A beneficiary is someone who receives part of an inheritance when another person dies. In many states, such as New York, the state decides who the beneficiaries will be if there is no will or estate plan. But what happens if there is an estate plan and one of the beneficiaries has passed away? New York law provides for these cases by allowing gifts to pass to the deceased beneficiary’s “issue,” or children or grandchildren.

What Is the Anti-Lapse Statute in New York?

Passing on one’s inheritance may be one of the most complicated assets of law. When a beneficiary dies, this creates a problem with how the estate is administered. If the grantor did not modify their will to reflect the beneficiary’s death, the inheritance would be passed on according to New York’s anti-lapse statute.

The anti-lapse statute allows an inheritance to be passed to the beneficiary’s “issue,” or their posterity. However, this law only applies to the grantor’s children and siblings. So, if the beneficiary is a friend or distant relative, their children will walk away with nothing.

Can I Modify My Estate Plan?

A preferable method for the testator to control how their wealth is distributed would be to modify the will or trust so the deceased beneficiary is removed. If the grantor wants the beneficiary’s children to benefit as heirs, they may include them in the will or trust. In this way, they can distribute their assets as they wish.

If you have questions about how best to provide for your loved ones after you pass away, please contact our knowledgeable estate planning attorneys. We can help create the perfect estate plan for you, including managing your plan when your family situation changes.

Should You Hire Our Estate Planning Attorneys?

Estate planning can be complicated, especially with the many changes that may arise over the years. We understand that our job as your estate planning attorney doesn’t end with the creation of the estate plan. We will be standing by, ready to help if you ever need your will and trusts modified due to death, birth, divorce, or marriage.

We have helped countless clients avoid the devastating results of having friends and family members left with nothing because of a lack of estate planning. Our founding attorneys went through a personal situation where they witnessed the catastrophic effects of someone dying without a proper estate plan. Because of their experience, they have dedicated their time and energy to helping other families avoid this terrible situation.

Call our law firm today to learn how we can help create or adjust your estate plan to meet your family’s needs. You can reach us at (516)-928-6594.