Like most things in life, estate planning in New York comes in all different shapes and sizes. Each person has their own unique situation regarding assets and desires concerning advance directives and post-death distributions.
When reference is made to a so-called non-traditional family, the reality is that in today’s world, nothing is really non-traditional. However, the reference is important for at least calling attention to situations that require extra care and scrutiny to fulfill estate planning goals.
In a traditional sense, a person will plan for a wife and/or children who are persons that are considered to be next of kin. Thus, even if there was no Will or other planning documents, such persons would inherit or have other priority rights as primary heirs. However, when the intention is to benefit others such as unmarried domestic partners or friends, the lack of a properly prepared Will, Health Care Proxy or Power of Attorney can lead to unintended results. This is due to the fact that the unrelated friend or individual would generally have no statutory priority rights to make lifetime decisions or receive a post-death inheritance.