Legal Question in Wills and Trusts in New York

Re: Living Will directions.............

This is a difficult time for you and you have my sympathies. I regret that you are forced to tend to such money matters at such an emotional time. I can give you some sound legal advice which I hope can assist you.

The health proxy insulates and protects you from any liability or problems based on that issue. However, it covers only the period when your partner is alive. Even burial matters are taken care of by the will or, if there is no will, the next of kin. As a long-time partner, you may have some input here, but you do not specify for how long you lived together or the details of your household. These have an impact on my advice on this point.

As a companion/partner, your rights to property are very limited. If your partner passes on without a will (the legal term is 'intestate') the laws of the state will decide who gets what and the house will be allocated in accord with those laws. Those laws will give the property to his blood-relations, regardless of how close he has been to them.

A will can protect you, but it must be drawn up carefully in light of the health issues in this matter.

You are welcome to a consultation at no fee at my offices at 42 West 44th St., NY,NY. Please call for an appointment first. (646) 591-5786

Re: Living Will directions.............

The HC proxy only empowers you to make medical decisions for your companion if he is unable to do so NOT to dispose of property, etc. For that you need him to give you Power of Attorney. POA is only valid while your companion is alive. So at death, you would need to be Executor of his Estae in order to carry out his wishes NOT his children's. As for your home, you don't say who's name it is in. If his, he needs to "will" it to you on his death. If he dies w/o a will, you as his companion are not entitled to receive anything. So, you need HC proxy, POA and he needs a will and to appoint you Executor. He can let his burial wishes be known in the will.

Debra

Re: Living Will directions.............

Simple. Have him execute a will conveying his property to whom he deems appropriate. Without it you would be entitled to nothing. Good luck.