Simply stated, estate planning is the process where consideration is given to making sure that a person’s assets are distributed in accordance with the person’s wishes, in such a manner that will ensure that the value of the assets received by the person’s beneficiaries is maximized by the reduction or elimination of estate taxes and other costs and expenses arising after a person’s death.
Consideration should be given, first and foremost, to the person’s wishes and desires as to the ultimate disposition of the person’s property and how best to ensure that the intended beneficiaries receive those assets unreduced by estate taxes and expenses to the greatest extent permitted by law.
A Will, also known as a Last Will and Testament, is the legal document that disposes of certain assets owned by a person after that person’s death. The Will does not dispose of all assets that a person owns. The Will only disposes of assets that are titled in the person’s sole individual name at the time of death. Other assets, such as property owned in joint names with another person at the time of death, life insurance proceeds payable under a policy with a designated beneficiary or retirement plan benefits with designated beneficiaries such or pension or profit sharing plans, 401(k) plans or IRAs pass outside of the Will to the person who is the joint owner or designated beneficiary.
Every competent person over the age of eighteen should have, at the very least, a basic Will. No one knows in advance when death will come or what will be owned at the moment of death.
This claim is processed on an individual basis and as such, compensation may differ. We can not estimate compensation until after the merits of your claim has been assessed.
If you are still a Federal employee you will be compensated in either military leave (if you are still in the military) or annual leave. In very rare circumstances, current federal employees may be compensated in the form of cash/check.
If you are no longer a federal employee, you normally will be compensated in the form of a check.
<close window>
Yes. In your instance, two very good reasons, namely your two young children! Even if you do not own any assets that would require a Will to transfer ownership to your loved ones, a Will can also serve as a critical estate planning tool for someone with minor children. A Will gives you the opportunity to appoint a Guardian for any minor child that may survive you and your spouse. If you do not take advantage of this opportunity, a Guardian will be appointed by a Judge who does not have to benefit of knowing you, your family, or the family’s needs and who may very well wind up appointing someone that would not even be considered by you to undertake this important role.
A Living Will and a Last Will and Testament are two completely different legal documents. The purpose of a Will is explained in answer 2. A Living Will is the legal document used by a person to memorialize in writing what medical procedures he or she wants or does not want to have performed in order to extend life in the event that the person is suffering from a medical condition for which there is little or no chance of recovery. It is used as a guide for the person that you name as your health care agent to make health care and medical decisions for you.
A Health Care Proxy is the legal document used by a person to appoint a health care agent to make health care decisions on their behalf when, but only when, they are unable to make health care decisions on their own.
A General Durable Power of Attorney is the legal document used by a person to designate another person as their agent to act on their behalf in just about any matter other than making health care decisions. The document can be drawn up so as to make it operative as of the time of its execution or to take effect upon the occurrence of a future event such as a signed statement by the person’s doctor stating that he or she is not competent to manage his or her own business affairs. The fact that it is “durable” means that it will continue to be in full force and effect even after the person that executes it becomes incompetent.
It is possible for you to do so but it is strongly suggested that you do not attempt to do this on your own. The forms that are available on the internet will, invariably, need to have some provisions either modified, deleted or added in order for them to carry out your desires in the most efficient and economical manner possible when it comes to minimizing or eliminating estate taxes and other estate expenses and to ensure that they conform to the requirements of New York State law. Documents prepared by an experienced estate attorney will provide you with the greatest chance of ensuring that your wishes will be carried out as efficiently and inexpensively as possible.
<close window>
There are those planners who give the impression that probate is to be avoided in all cases like the black death. While it is true that there are certain situations where a person would be better off avoiding a probate proceeding if possible, it really is not the case in most situations.
Probate simply refers to the process where, after a person dies, his or her Will is filed with the Probate Court having jurisdiction over the estate, together with certain documents and a petition signed by the person named as Executor in the Will asking the Court to declare that it is a valid and genuine Will of the decedent which should be used to determine who is entitled to receive the decedent’s property.
If there are no minors or persons under disability interested in the Estate and where everyone’s whereabouts is known, the probate process can in most cases be completed within a period ranging from a day or two to a week or two.
After the Will is admitted to probate, the person designated in the Will as Executor is granted what are known as Letters Testamentary which give the Executor the power and duty to collect and value the decedent’s assets, pay all of the person’s just debts and funeral and administration expenses, file whatever estate or income tax returns that may be required, and, when all of this has been accomplished, look to the Will to see who the decedent wants to receive the remaining assets of the Estate.
How long it takes to “settle” an estate depends on the facts and circumstances involved in the particular estate. Assuming that there are no major disputes among the beneficiaries or the need to commence a lawsuit to collect a debt owed to the decedent or to pursue a wrongful death claim, an estate where no estate tax returns are required should be wound up no later than one year after the decedent dies and even sooner in many cases.
An Executor does have a duty to account to the beneficiaries as to the value of the assets that have come under his or her control, any increases or decreases in the value of those assets on their sale or other disposition, all income earned by the Estate and all debts and funeral and administration expenses paid on behalf of the Estate. Normally, this is accomplished by a form of informal accounting by the Executor, but in some instances, such as when there is a minor or person under disability interested in the estate or if there is a dispute between a beneficiary and the Executor, a formal accounting detailing each and every item must be prepared and filed with the Court to obtain the Court’s approval of the Executor’s actions.
The attorney for the Estate will advise the Executor as to what returns are required, and if the Executor is represented by Tully Rinckey PLLC, normally most if not all of the required returns can be prepared by us on the Executor’s behalf. Returns that may be required include the decedent’s final federal and state personal income tax returns, federal and state fiduciary income tax returns reporting income earned after death and federal and state estate tax returns if the value of the estate is large enough to require estate tax returns to be filed.
You don't need to do anything! We will handle everything for you.
Those documents are either the agency tab file or response to our discovery demands. Under applicable regulations, you get these documents in addition to us.
Yes! Due to a recent MSPB decision, United States Postal Service employees can now file a claim.
Under USERRA, National Guard technicians work for the state adjutant general who is a state official and not a federal official. See 38 USC 4303 which reads: "In the case of a National Guard technician employed under section 709 of title 32, the term 'employer' means the adjutant general of the State in which the technician is employed." In addition, the Merit Systems Protection Board can only hear claims involving a "federal executive agency." The term 'Federal executive agency' includes the United States Postal Service, the Postal Rate Commission, any non-appropriated fund instrumentality of the United States, any Executive agency (as that term is defined in section 105 of title 5) other than an agency referred to in section 2302(a)(2)(C)(ii) of title 5, and any military department (as that term is defined in section 102 of title 5) with respect to the civilian employees of that department.
Thus, federal technicians do qualify but they must sue the state adjutant general in either State Court or the federal court encompasses any part of the state (See 38 USC 4323). For an attorney to appear in state courts and most federal district courts, that attorney must be a member of that state's bar. Our attorneys are only admitted to practice in New York and New Jersey.
At this time Tully Rinckey, PLLC is only able to help New York and New Jersey Technicians.
Probably not because the MSPB can only hear matters involving a "Federal executive agency". Those agencies are defined in 38 USC 4303 as:
"(5) The term "Federal executive agency" includes the United States Postal Service, the Postal Rate Commission, any nonappropriated fund instrumentality of the United States, any Executive agency (as that term is defined in section 105 of title 5) other than an agency referred to in section 2302(a)(2)(C)(ii) of title 5, and any military department (as that term is defined in section 102 of title 5) with respect to the civilian employees of that department."
"5 USC 2302(a)(2)(C)(ii)from 1995 reads as follows: (ii) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the Central Imagery Office, the National Security Agency, and, as determined by the President, any Executive agency or unit thereof the principal function of which is the conduct offoreign intelligence or counterintelligence activities."
However, 38 USC 4315 and 38 USC 4325 allow you to seek compensation for lost benefits regardless of which agency you work for.
You may be eligible to receive compensation. Contact your personnel or union department to find out the proper procedure.
Unfortunately we are not handling these types of Air Force or VA cases at this time. You may still be eligible for a claim. Contact your personnel or union department to find out the proper procedure. See DFAS instructions for filing a claim.
Download DOD Guidance (PDF)
This will depend on the circumstances of the prior claim. If you previously filed an administrative claim for 1999 and 2000, you should be able to file another claim with Tully Rinckey.
Please indicate any prior military leave claim(s) and any compensation received on the USERRA Intake Claim form.
If you previously filed a USERRA claim and received compensation, re-filing terms will be dictated by the signed settlement agreement with the agency. Resubmit a USERRA Intake Claim form so our attorneys can determine if another claim is permitted.
Yes. Claims are for both current and former employees that have served in the Reserves and / or the National Guard. If you are retired, please indicate so on the USERRA intake form. This is important for purposes of settlement negotiations and compensation. Also, if you worked at several agencies, please indicate that on the USERRA intake form.
Tully Rinckey PLLC
Attorneys & Counselors at Law
ALBANY OFFICE - 441 New Karner Road - ALBANY NY, 12205 - PHONE: 518-218-7100 - FAX: 518-218-0496
WASHINGTON, DC OFFICE - 1800 K Street NW, SUITE 1110 - WASHINGTON, DC 20006 - PHONE: 202-787-1900
® © 2008 Tully Rinckey PLLC
The most popular City / Village / Town Courts our lawyers serve: Albany, Altamont, Amsterdam, Berne, Bethlehem, Brunswick, Clifton Park, Cohoes, Colonie, Coeymans, Delaware, Duanesburg, East Greenbush, Fulton, Glens Falls, Glenville, Gloversville, Grafton, Greene, Guilderland, Hoosick, Hudson, Johnstown, Malta, Mechanicville, Menands, Montgomery, Nassau, New Scotland, Rensselaer, Rensselaerville, Rotterdam, Saratoga, Schenectady, Schoharie, Schodack, Scotia, Troy, Ulster, Voorheesville, Warren, Washington, Watervliet
