Paul was a devoted father of three who always intended to write a will—but life got in the way. When he suddenly passed away, his family was shocked to learn that without a valid will, New York State law would dictate how his assets were distributed. Instead of Paul’s children receiving their inheritance smoothly, his estate went through probate, a lengthy and expensive court process. His family home, which he intended to leave to his eldest daughter, was instead divided among his children, causing disputes. His bank accounts were frozen for months, and his minor child’s inheritance was placed under court supervision. If Paul had created a will, everything would have gone according to his wishes—not the state’s. What Happens When You Die Without a Will? In New York, if you die without a will (intestate), the state determines who inherits your assets based on a strict legal formula. Here’s
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Many people are confused about the difference between a living will and a healthcare power of attorney. A living will specifies life prolonging treatments you do or do not want in the event you either suffer from a terminal illness or are in a permanent vegetative state. It does not become effective unless you are incapacitated and, generally, requires certification by your doctor, and another doctor, that you are either suffering from a terminal illness or have been rendered permanently unconscious. So if you suffer a heart attack, for instance, but do not have a terminal illness or are not in a permanent state of unconsciousness, a living will does not have any effect. You would still be resuscitated, even if you had a living will indicating that you don’t want life prolonging procedures. A living will is only used when your ultimate recovery is hopeless. For situations where you
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