We have answered many of the common, and not so common questions we’ve been asked over the years about Probate, Trusts, Wills and other Estate Planning matters….right here on this website.

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Know What Notary Requirements Are

In New York, notaries are commissioned by the county clerks in the county where they either live or where they do business in cases where they live outside the state. Usually, people who are notaries have gained that status because they have taken an exam or have automatically been able to apply to be notaries because they fall into certain groups of professionals, such as attorneys. The majority of Long Island estate attorneys and any type of attorney for that matter are notaries since it helps them do their job. Having an understanding of the legality of how a notary works is essential so you can understand when a notary stamp can be used.

County clerks are responsible for the commission of notaries, meaning that, on Long Island, the county clerks for Nassau and Suffolk counties would be responsible for commissioning notaries within their borders. Almost always, someone is commissioned in the county where they live, however, notary information is subject to FOIL requests, meaning that if a home address is used, it may not be private. For that reason, someone can be allowed to use their business address instead. Because of the nature of long island business, it is likely someone could live in one county and have their place of business be in another, meaning that they could be commissioned in either county.

Once someone has been commissioned as a notary by their county clerk, they are allowed to notarize in any county within New York State. Their signature card and their information will only be found in the county where they were commissioned. This information, their commission number and the county that they were commissioned in, would be located on the card with their notary information and would have to be located on any document that they notarize. In fact, it would likely be found right on the stamp used by the notary to notarize a document. This is so a notary can be tracked down later if necessary.

In the New York city area, it is quite common to see someone with a notary in one county notarize something in another county since it is common for someone to live or work in one area and have to notarize something in another area. This is especially common with Long Island estate attorneys, who are more likely to visit their clients at home to execute wills, trusts or other documents where a notary stamp may be required in the process somehow and the client is not as mobile as other clients would be. No matter what county the stamp comes from, it would be a legal one, as long as it is from the state of New York.


Are Children Favored In A Will A Good Reason For A Long Island Will Contest?

June 11, 2015

Is Favoritism A Good Enough Reason To Contest The Will? After a parent dies, there are some times that there is a shock of finding out that there is one child that is favored in the will over other siblings. The siblings who were left with less of an inheritance or no inheritance at all […]

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What Are The Rights Of A Wife If She Was Not In a Long Island Will?

June 3, 2015

Understanding Your Elective Share is a Must While the majority of spouses get along, there may be some where, for whatever reason, one spouse attempts to write the other out of his or her will. There are other cases where people get married and one spouse forgets to change his or her will and the […]

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Is a Long Island Trustee Entitled to Commissions Every Year?

May 22, 2015

When someone is appointed trustee, they are taking on a lot of responsibilities. Besides simply making trust payouts, the trustee must also make sure that they do certain things such as making wise investments with the trust principal, protect the trust from losses and make periodical accountings to the beneficiaries of the trust. For this […]

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Does There Have To Be A Reading Of The Will On Long Island?

May 9, 2015

There is a recurring TV show and movie scene when a character dies, where the family of the decedent gathers in the lawyer’s office, or the lawyer meets with the family, and the deceased person’s will is read in some dramatic fashion to the surviving heirs. This probably leads many who just lost a loved […]

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What is Mental Incompetence for a Long Island Will Contest?

April 22, 2015

Understanding Testamentary Capacity Many people assume that because their loved one has mental issues that it meant that they would not have the capability to sign a will. This would be a reasonable assumption considering that one must have a certain amount of mental capacity to sign other legal documents, such as contracts, and would […]

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What is Considered Undue Influence in a Long Island Will?

April 15, 2015

A common objection to a will is that someone used undue influence to get the person who died on Long Island to change their will so that it no longer reflected how they wanted their estate be divided after their death. Undue influence, while a common objection, is also one that is challenging to prove […]

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Can a Trust on Long Island be Terminated or Changed?

April 3, 2015

Are the Terms of a Long Island Trust Permanent? If you are setting up a trust, are a trustee or are a beneficiary of a trust, you may need to know if the trust that you have set up can be modified in some way or cancelled. The answer is not a simple one, and […]

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2015 Long Island Update on Changes to New York Estate Tax Laws

March 25, 2015

New York is one of the few states with an estate tax system that is stricter than the Federal system and, last year, new laws were passed to try and change this. There are some parts of the law that work better for the majority of those who have high-value estates, but for those with […]

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How Can I Use a Supplemental Needs Trust To Get Medicaid on Long Island

February 26, 2015

Allowing for Payment for Expenses While on Government Assistance When dealing with a seriously disabled person, how you handle that person’s finances can be essential when it comes to dealing with government benefits. Too many assets, and a person can either be denied benefits in the first place or end up having them taken away. […]

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